Common use of Release Clause in Contracts

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Borrowers and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Guarantors hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company Borrowers or Guarantor has Guarantors have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrowers and Guarantor Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention each of the Company Borrowers and Guarantor each Guarantors waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Pursuant to the terms of the Employment Agreement made as of _____________, between TIME WARNER INC., a Delaware corporation (the "Company"), 00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 and the Guarantor signing undersigned (the Acknowledgment "Agreement"), and Agreement in consideration of Guarantor set forth below the payments made to me and other benefits to be received by me pursuant thereto, I, [Name], being of lawful age, do hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe Company and its officers, and any and all participantsshareholders, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officerssubsidiaries, agents, attorneys, and employees of any of the foregoingemployees, from any and all actions, causes of action, claims, or demands for general, special or causes punitive damages, attorney's fees, expenses, or other compensation, which in any way relate to or arise out of action my employment with the Company or any of any kindits subsidiaries or the termination of such employment, nature which I may now or description, whether arising in law or equity or upon contract or tort or hereafter have under any federal, state or federal law local law, regulation or otherwiseorder, which Company or Guarantor has hadincluding without limitation, now has or has made claim to have against any such person for or by reason of any actunder the Age Discrimination in Employment Act, omissionas amended, matter, cause or thing whatsoever arising from the beginning of time to through and including the date of this AmendmentRelease; provided, whether such claimshowever, demands that the execution of this Release shall not prevent the undersigned from bringing a lawsuit against the Company to enforce its obligations under the Agreement. I acknowledge that I have been given at least 21 days from the day I received a copy of this Release to sign it and causes of action are matured that I have been advised to consult an attorney. I understand that I have the right to revoke my consent to this Release for seven days following my signing. This Release shall not become effective or unmatured or known or unknown. It is enforceable until the intention expiration of the Company seven-day period following the date it is signed by me. I further state that I have read this document and Guarantor in executing this release the Agreement referred to herein, that I know the contents of both and that I have executed the same shall be effective as a bar to each and every claimmy own free act. WITNESS my hand this ____ day of ___________ , demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.____. --------------------------- [Name]

Release. Company and Section 11 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below. In addition to the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below recognition that Upwork is not a party to any contract between Users, you hereby absolutely and unconditionally release and forever discharge Xxxxx FargoUpwork, our Affiliates, and any and all participantsour respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneyssubsidiaries, joint ventures, employees and service providers from claims, demands, and employees damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the foregoingtime you enter into this agreement. This release includes, from for example and without limitation, any disputes regarding the performance, functions, and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention quality of the Company Freelancer Services provided to Client by a Freelancer and Guarantor requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in executing this release that the same shall be effective as a bar to each and every claimEscrow Instructions. TO THE EXTENT APPLICABLE, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 of the Civil Code of the State of California, which provides(AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge This release will not apply to a claim that each may hereafter discover facts different from or in addition Upwork failed to those now known or believed to be true with respect to such claims, demands, or causes meet our obligations under the Terms of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsService.

Release. Company and To induce the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Bank to enter into this Amendment, Borrower hereby absolutely and unconditionally release releases, acquits, and forever discharge Xxxxx Fargodischarges Bank and its respective officers, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersattorneys, agents, attorneysemployees, successors, and employees of any of the foregoingassigns, from any and all liabilities, claims, demands demands, actions, or causes of action of any kind, nature or descriptionkind (if there be any), whether arising in absolute or contingent, due or to become due, disputed or undisputed, liquidated or unliquidated, at law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , that any one or more of them now have or, prior to the intention date hereof, ever have had against Bank, whether arising under or in connection with any of the Company Loan Documents or otherwise, and Guarantor in executing this release that the same shall be effective as a bar Borrower covenants not to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from xxx at law or in addition to those now known or believed to be true at equity Bank with respect to such any of the foregoing liabilities, claims, demands, actions, or causes of action (if there be any). Borrower hereby acknowledges and agree agrees that the execution of this instrument Amendment by Bank shall not constitute an acknowledgment of or admission by Bank of the existence of any claims or of liability for any matter or precedent upon which any claim or liability may be asserted. Borrower further acknowledges and remain effective in all respects notwithstanding agrees that, to the extent any such differences claims may exist, they are of a speculative nature so as to be incapable of objective valuation and that, in any event, the value to Borrower of the agreements of Bank contained in this Amendment and any other documents executed and delivered in connection with this Amendment substantially and materially exceeds any and all value of any kind or additional factsnature whatsoever of any such claims. Borrower further acknowledges and agrees Bank is in no way responsible or liable for the previous, current or future condition or deterioration of the business operations and/or financial condition of Borrower and that Bank has not breached any agreement or commitment to loan money or otherwise make financial accommodations available to Borrower or to fund any operations of Borrower at any time. Borrower represents and warrants to Bank that Borrower has not transferred or assigned to any Person any claim, demand, action or cause of action that Borrower has or ever had against Bank.

Release. Company Each of the Borrowers and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Guarantors hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company Borrowers or Guarantor has Guarantors have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrowers and Guarantor Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company Borrowers and Guarantor Guarantors each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which either Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In the event that Executive elects the Release Severance, then Executive agrees as follows: Executive, on behalf of himself or herself and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorshis or her heirs, successors and assigns thereofassigns, together with all of hereby fully releases and forever discharges the present Company, and former its officers, directors, officers, agents, employees, attorneys, parents, affiliates, and employees of any of subsidiaries (the foregoing“Released Parties”), from any and all claims, demands or causes of action actions and liabilities of any kindkind or character whatsoever, nature or description, whether arising in law or equity in equity, known or upon contract unknown, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company or Guarantor that Executive has ever had, now has or has made claim to may now have against the Released Parties, including, without limitation, all claims directly or indirectly related to or arising out of Executive’s employment by the Company, the performance of his duties during that employment, and/or the termination of or his resignation from that employment. This waiver and release specifically includes, but is not limited to, all claims, if any, whether arising in tort or in contract, related to Executive’s employment, including any such person and all claims for wrongful discharge or wrongful termination; claims for alleged violation of public policy or breach of implied covenant of good faith and fair dealing; claims for breach of fiduciary duty; claims for negligent or intentional infliction of emotional distress; claims arising in connection with Executive’s compensation, benefits, warrants and/or stock options; claims for breach of express or implied contract or for further monetary compensation by way of additional salary or bonus allegedly due Executive by reason of his employment with the Company; and all other claims, based on common law or federal or state statute, including claims for discrimination based on age arising under state statute or the federal Age Discrimination in Employment Act, the Older Workers’ Benefits Protection Act, or any act, omission, matter, cause similar federal or thing whatsoever arising from the beginning of time state law prohibiting age discrimination. Executive further understands and expressly agrees that this Release specifically extends to and including the date of this Amendmentall claims, whether such those claims are presently known to the party or not, or suspected by the party or not. Executive agrees that he or she has not assigned or transferred, in whole or in part, any of the claims, demands and causes actions or liabilities released by him or her herein. By signing below, Executive expressly waives the benefits of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORgeneral 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 parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.”

Release. Each Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release releases and forever discharge discharges Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the each Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the each Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the severance benefits offered to me by Ingevity Corporation (the “Company”) under the Severance and Change of Control Agreement dated as of _______________ (the Guarantor signing “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan; (ii) any claim for compensation and benefits to be provided to me under the Agreement; (ii) any claim for vested benefits or benefits that I am otherwise entitled to receive under any plan, nature policy, practice or descriptionprogram of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination; (iii) any claim related to my indemnification as an officer, whether arising director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws; or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up, any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company In consideration of the severance benefits offered to me by Ingevity Corporation (the “Company”) under the Severance and Change of Control Agreement dated as of _______________ (the Guarantor signing “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan; (ii) any claim for compensation and benefits to be provided to me under the Agreement; (ii) any claim for vested benefits or benefits that I am otherwise entitled to receive under any plan, nature policy, practice or descriptionprogram of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination; (iii) any claim related to my indemnification as an officer, whether arising director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws; or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company and The Borrower, the Guarantor by signing the Acknowledgment and Agreement of Guarantor set forth below below, and the Subordinated Creditors by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company the Borrower, the Guarantor or Guarantor each Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrower, the Guarantor and Guarantor each Subordinated Creditor in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.”

Release. Company Borrower, Parent and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Releasees”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company Borrower, Parent or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Releasee which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Releasee with respect to the Loan Agreement or any other Loan Document, omissionor to the lender-borrower relationship evidenced by the Loan Documents, matterin each case, cause or thing whatsoever arising from the beginning of time with respect to and including all periods through the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownhereof. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand Borrower, Parent and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, Borrower, Parent and each Guarantor specifically waives the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, Borrower, Parent and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. Company From and after the Effective Time, the Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A) Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or Claims as are contemplated by reason this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless the Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, the Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions 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, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, the Stockholder expressly waives any rights with respect to any of the Released Claims, which the Stockholder may have. In connection with such waivers, the Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company Stockholder through this release, fully, finally and Guarantor in executing this forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by the Stockholder.

Release. Company and each of the Guarantor Persons signing the Acknowledgment Acknowledgement and Agreement of Guarantor Guarantors and Pledgors (such Persons, the “Guarantors”) set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or descriptiondescription relating to the Credit Agreement, other Loan Documents, or related transactions, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or any Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor the Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and each Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Each Credit Party hereby absolutely and unconditionally release releases, remises, acquits and forever discharge Xxxxx Fargodischarges Agent and each of Lenders and their respective employees, agents, representatives, consultants, attorneys, fiduciaries, officers, directors, partners, predecessors, successors and any and all participantsassigns, subsidiary corporations, parent corporations, subsidiary corporationsand related corporate divisions (collectively, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing“Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands or causes of action demands, liabilities, obligations, damages and expenses of any kindand every character, nature known or descriptionunknown, whether arising in direct and/or indirect, at law or equity in equity, of whatsoever kind or upon contract or tort or under any state or federal law or otherwisenature, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason because of any actmatter or things done, omission, matter, cause omitted or thing whatsoever arising from suffered to be done by any of the beginning of time Released Parties prior to and including the date effectiveness of this Amendment, whether such claimsand in any way directly or indirectly arising out of or in any way connected to the Credit Agreement or the Loan Documents (collectively, demands and causes the “Released Matters”). Each Credit Party acknowledges that the agreements in this paragraph are intended to be in full satisfaction of action are matured all or unmatured any alleged injuries or damages arising in connection with the Released Matters. Each Credit Party hereby waives the provisions of any statute or doctrine to the effect that 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 or unknownby him must have materially affected his settlement with the debtor. It is Without limiting the intention generality of the Company foregoing, each Credit Party hereby waives the provisions of any statute that prevents a general release from extending to claims unknown by the releasing party, including Section 1542 of the California Civil Code which provides: 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. Each Credit Party acknowledges and Guarantor in executing this release that understands the same shall be effective as rights and benefits conferred by such a bar to each statute or doctrine and every claimthe risks associated with waiver thereof, demand and cause after receiving advice of action specified counsel, hereby consciously and in furtherance of this intention the Company voluntarily waives, relinquishes and Guarantor each waives releases any and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaavailable thereunder, which provides: “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 RELEASEinsofar as they apply, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge or may be construed to apply, to each release set forth herein or contemplated hereby. In so doing, each Credit Party expressly acknowledges and understands that each it may hereafter discover facts different from or in addition to or different from those that it now known or believed believes to be true with respect to such claimsthe subject matter of the disputes, demandsclaims and other matters released herein, or causes of action but expressly agrees that it has taken these facts and agree possibilities into account in electing to make and to enter into this release, and that this instrument the releases given herein shall be and remain effective in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different facts or possibilities. This release may be pleaded as a full and complete defense and/or as a cross-complaint or counterclaim against any action, suit, or other proceeding that may be instituted, prosecuted or attempted in breach of this release. Each Credit Party acknowledges that the release contained herein constitutes a material inducement to Agent and each of the Lenders to enter into this Amendment and that Agent and those Lenders would not have done so but for Agent’s and each Lender’s expectation that such release is valid and enforceable in all respects notwithstanding any such differences or additional factsevents.

Release. Company In exchange for the payments and the Guarantor signing the Acknowledgment benefits to Employee described in this Agreement, as well as any and Agreement of Guarantor set forth below hereby absolutely all other mutual promises made in this Agreement, Employee, and unconditionally his/her personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees, legatees, and assigns agree to release and forever discharge Xxxxx Fargothe Corporation, the Company, the Group and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorseach Group Member their employees, officers, directors, agents, attorneys, successors and employees of any of the foregoingassigns, from any and all claims, demands or suits and/or causes of action that grow out of or are in any way related to, his/her recruitment to or his/her employment with any group Member, except Employee does not release and discharge the Corporation or any other Group Member for any claim that the Corporation or any Group Member has breached this Agreement. This release includes, but is not limited to, any claims that the Corporation, the Company or any Group Member violated the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Older Worker's Benefit Protection Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, any law prohibiting discrimination, harassment, or retaliation in employment, any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress, the public policy of any kindstate, nature or descriptionany federal, whether arising state, or local law. Employee agrees, upon receipt of the payment provided under this Agreement, to reaffirm and execute this release in law writing. If Employee fails to reaffirm and execute this release within 30 days of the Date of Termination, Employee agrees that the payments otherwise due under this Agreement will not be due or equity payable. Specifically, Employee agrees that a necessary condition for the payment of any of the amounts described in this Agreement (except termination because of death) is Employee's reaffirmation of this release within 30 days of the Date of Termination. Employee agrees that the Employee is knowledgeable about the claims that might arise in the course of employment with the Employer and all Group Members, and that the Employee knowingly agrees that the payments provided for in this Agreement are satisfactory consideration for the release of such possible claims. Employee is advised to consult with an attorney before signing this Agreement. Employee agrees that given 21 days has been given in which to consider this release. Employee may revoke his/her consent to this Agreement by delivering a written notice (which may be given only by certified or upon contract registered letter deposited with the U. S. Postal Service, postage paid) of such revocation within seven days of signing this Agreement. Should Employee revoke this Agreement, it shall become null and void and Employee must return any amount received under it. No provision of this Agreement may be modified or tort waived except in a document signed by the Parties. This Agreement constitutes the entire agreement between the parties regarding to the subject matter of this agreement, and any other agreements relating to the subject of this agreement are terminated and of no further force or under any state legal effect. No agreements or federal law representations, oral or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, the subject matter of this agreement have been made or causes of action and agree that relied upon by either party which are not set forth expressly in this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsAgreement.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Borrower hereby absolutely and unconditionally release releases, remises, acquits and forever discharge Xxxxx Fargodischarges Lender and its employees, agents, representatives, consultants, attorneys, fiduciaries, officers, directors, partners, predecessors, successors and any and all participantsassigns, subsidiary corporations, parent corporations, subsidiary corporationsand related corporate divisions (collectively, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing“Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands or causes of action demands, liabilities, obligations, damages and expenses of any kindand every character, nature known or descriptionunknown, whether arising in direct and/or indirect, at law or equity in equity, of whatsoever kind or upon contract or tort or under any state or federal law or otherwisenature, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason because of any actmatter or things done, omission, matter, cause omitted or thing whatsoever arising from suffered to be done by any of the beginning of time Released Parties prior to and including the date of delivery hereof, and in any way directly or indirectly arising out of or in any way connected to the Credit Agreement (collectively, the “Released Matters”). Borrower acknowledges that the agreements in this AmendmentSection are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Without limiting the generality of the foregoing, whether such claimsBorrower hereby waives the provisions of any statute that prevents a general release from extending to claims unknown by the releasing party, demands including Section 1542 of the California Civil Code which provides: 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. By entering into this release, Borrower recognizes that no facts or representations are ever absolutely certain and causes of action are matured Borrower may hereafter discover facts in addition to or unmatured different from those which Borrower presently knows or known or unknown. It believes to be true, but that it is the intention of the Company Borrower to hereby fully, finally and Guarantor forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected; accordingly, if Borrower should subsequently discover that any fact that Borrower relied upon in executing delivering this release was untrue, or that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 any understanding of the Civil Code facts was incorrect, Borrower shall not be entitled to set aside this release by reason thereof, regardless of the State any claim of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge mistake of fact or law or any other circumstances whatsoever. Borrower acknowledges that each may hereafter discover facts different from Borrower is not relying upon and has not relied upon any representation or in addition to those now known or believed to be true statement made by Lender with respect to such claimsthe facts underlying this release or with regard to Borrower’s rights or asserted rights. This release may be pleaded as a full and complete defense and/ or as a cross-complaint or counterclaim against any action, demandssuit, or causes other proceeding that may be instituted, prosecuted or attempted in breach of action this release. Borrower acknowledges that the release contained herein constitutes a material inducement to Lender to enter into this Amendment and agree that this instrument shall be Lender would not have done so but for Lender’s expectation that such release is valid and remain effective enforceable in all respects notwithstanding any such differences or additional factsevents.

Release. Company Each of Existing Borrower and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below New Borrower hereby absolutely and unconditionally release remises, releases, acquits, satisfies and forever discharge Xxxxx Fargodischarges the Lenders and Collateral Agent, and any and all participantstheir agents, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsemployees, officers, agentsdirectors, attorneyspredecessors, attorneys and employees all others acting or purporting to act on behalf of any or at the direction of the foregoingLenders and Collateral Agent (“Releasees”), of and from any and all claimsmanner of actions, demands or causes of action of any kindaction, nature or descriptionsuit, whether arising debts, accounts, covenants, contracts, controversies, agreements, variances, damages, judgments, claims and demands whatsoever, in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has any of such parties ever had, now has or, to the extent arising from or has made claim in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any such person for the Releasees, for, upon or by reason of any act, omission, matter, cause or thing whatsoever relating to or arising from out of the beginning Loan Agreement or the other Loan Documents on or prior to the date hereof and through the date hereof. Without limiting the generality of time the foregoing, each of Existing Borrower and New Borrower waives and affirmatively agrees not to and allege or otherwise pursue any defenses, affirmative defenses, counterclaims, claims, causes of action, setoffs or other rights they do, shall or may have as of the date hereof, including the date rights to contest: (a) the right of Collateral Agent and each Lender to exercise its rights and remedies described in the Loan Documents; (b) any provision of this Amendment, whether such claims, demands and causes of action are matured Amendment or unmatured the Loan Documents; or known or unknown. It is the intention (c) any conduct of the Company and Guarantor in executing this release that the same shall be effective as a bar Lenders or other Releasees relating to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 or arising out of the Civil Code of Loan Agreement or the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORother Loan Documents on or prior to the date hereof.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Each Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release releases and forever discharge discharges Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the each Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. In order to induce the Noteholders to enter into this Waiver and Amendment, the Company acknowledges and agrees that: (a) neither the Company nor any of its Subsidiaries has any claim or cause of action against any of the Noteholders or any of their respective directors, trustees, officers, employees or agents (collectively, the "Released Parties") relating to or arising out of the Note Purchase Agreement or Notes or any of the transactions related thereto; (b) neither the Company nor any of its Subsidiaries has any offset right, right of recoupment, counterclaim or defense of any kind against any of their respective obligations, indebtedness or liabilities to any of the Released Parties; and (c) each of the Released Parties has heretofore properly performed and satisfied in a timely manner all of its obligations to the Company and its Subsidiaries under the Guarantor signing Note Purchase Agreement. Notwithstanding this representation and as further consideration for the Acknowledgment agreements and Agreement understandings herein, the Company, on behalf of Guarantor set forth below hereby absolutely itself and unconditionally release and forever discharge Xxxxx Fargoits employees, and any and all participantsagents, parent corporationsexecutors, subsidiary corporations, affiliated corporations, insurers, indemnitorsheirs, successors and assigns thereof(the "Releasing Parties"), together with all of hereby releases the present and former Noteholders, its respective predecessors, officers, directors, officerstrustees, employees, agents, attorneys, affiliates, subsidiaries, successors and employees assigns, from any liability, claim, right or cause of action which now exists or hereafter arises as a result of acts, omissions or events occurring on or prior to the date hereof, whether known or unknown, including but not limited to claims arising from or in any way related to the Note Purchase Agreement or Notes or any of the foregoingtransactions relating thereto. No Released Party shall be liable with respect to, from and the Company hereby waives, releases and agrees not to sue for, any special, indirect or consequential damages relating to xxe Note Purchase Agreement and all claimsthe Notes or arising out of its activities in connection herewith or therewith (whether before, demands on or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including after the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORhereof).” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the severance benefits offered to me by MeadWestvaco Corporation (the “Company”) under the Employment Agreement dated as of January 29, 2004, (the “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan, nature (ii) any claim for compensation and benefits to be provided to me under the Agreement, (ii) any claim for vested benefits or descriptionbenefits that I am otherwise entitled to receive under any plan, whether arising policy, practice or program of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination, (iii) any claim related to my indemnification as an officer, director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws, or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up, any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company and The Borrower, the Guarantor by signing the Acknowledgment and Agreement of Guarantor set forth below below, and the Subordinated Creditors by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company the Borrower, the Guarantor or Guarantor each Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrower, the Guarantor and Guarantor each Subordinated Creditor in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company This agreement is a settlement and release of all claims and damages asserted by Plaintiffs in their individual and class representative capacities against the Missoula County High School District, the Whitehall High School District, and the Guarantor signing the Acknowledgment Columbia Falls School District, OPI, and Agreement of Guarantor MHSA. Although Plaintiffs have asserted a claim for monetary damages, this settlement agreement offers in exchange for a dismissal as set forth below hereafter, no payment of compensation, or any promise to make any payment for any damages, claimed or allegedly suffered by any of the Plaintiffs. The consideration for the release hereafter set forth in this agreement is the actions and decisions of the parties set forth herein, which all parties recognize must be carried forward in good faith; that the present agreement will become a part of a judgment or dismissal of this action and enforceable through the exercise of appropriate legal and equity powers of the United States District Court in the event of its breach; and that future sex equity issues may be referred to either or both the grievance procedure of OPI and the eligibility determination of MHSA, and, thereafter, court review as appropriate, or may be resolved through exercise of other available legal or equitable remedies. Plaintiffs, in their individual and class representative capacities, do hereby absolutely release, acquit, and unconditionally release discharge, and by these presents do release, acquit, and forever discharge Xxxxx Fargodischarge, Missoula County High School District, Whitehall High School District, Columbia Falls High School District, MHSA, and OPI, of and from any and all participantsliability, parent corporationscauses of action, subsidiary corporationscosts, affiliated corporationscharges, insurersclaims or demands, indemnitorsof whatever name or nature, successors and assigns thereof, together with all in any manner arising out of or growing out of the present above- described litigation, except as otherwise more fully set forth in the terms and former directorscontext of this release. Plaintiffs have executed this agreement for themselves, officersin their individual and representative capacities, agentsupon advice of counsel, attorneysreleasing any and all claims they have or may have; and the execution of this instrument is made in reliance upon the advice of their counsel and not upon the advice of any representative, and employees attorney, or other agent acting for or on behalf of any of the foregoingother parties hereby released. In making this release and agreement, from any it is understood that Plaintiffs, in their individual and representative capacities, do rely upon their own judgement, belief, and knowledge of the nature, extent, and duration of the injuries and damages claimed to have been suffered. Plaintiffs further acknowledge that this is a complete release of all claims, demands either in tort, in contract, or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseat all, which Company or Guarantor has had, now has or has made claim to may have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from existed in the beginning of time to past and including which do not continue after the date of this Amendmentagreement except as hereinafter provided; and that no promise, whether representation, or other assurance has been made by any person with respect to any further or future payment for costs or damages except as hereinafter referred to; and that the agreements hereinafter made by the parties hereby released shall not be construed as an admission of liability on the part of any such claimsparties because said persons and corporations expressly deny such liability. Finally, demands and causes Plaintiffs acknowledge, on advice of action are matured or unmatured or known or unknown. It counsel, that this agreement is the intention entire, sole, and only agreement pertaining to the subject and things referred to herein and there are no other independent, collateral, or additional agreements or obligations to be performed or things to be done except as set forth and described by the terms of this agreement. This agreement is not to be construed as any confession by any of the Company litigation Defendants or admission by OPI that OPI has direct and Guarantor in executing this release specific jurisdiction over extracurricular athletic activities except as otherwise provided herein; that the same shall be effective as acceptance of federal monies by a bar school district subjects the school district to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 federal or state regulation or control over any aspects of the Civil Code of educational program offered by the school district which does not receive direct federal funds; that the State of CaliforniaMontana or OPI has any control, directly or indirectly, over MHSA; that MHSA is a state agency or subject to any portion of the Montana Administrative Procedure Act, 2-4-1-1 et seq., MCA; or that any Plaintiff has ever experienced an act or omission which constituted sex discrimination of any form or nature while such Plaintiffs were enrolled students of the individual school districts names as parties herein, regardless of whether the discrimination is alleged to have resulted as a consequence of acts or omissions of the school district, OPI, MHSA, jointly, individually, or at all. The parties agree that the litigation filed shall contemporaneously be dismissed without prejudice pursuant to a stipulation between the parties and an order of the United States District Court incorporating this agreement as an exhibit to the underlying stipulation for dismissal, which provides: “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 RELEASEagreement the parties stipulate may be enforced, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The in the event of breach, as though the agreement were a final judgment of the United States District Court, so that in the event one or more of the parties acknowledge hereafter concludes that each may hereafter discover facts different from other parties to this agreement are not performing acts required by this agreement or are performing acts prohibited by this agreement, that the equity powers of the United States District Court can be utilized, in conjunction with or in addition to those now known any and all other remedies created or believed existing either pursuant to be true with respect this agreement or pursuant to such claims, demands, applicable state or causes of action and federal law. The parties further agree that the court shall retain continuing jurisdiction to enforce this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factssettlement agreement even though the Complaint is being dismissed.

Release. Company Borrower represents and warrants that Borrower has no claims, counterclaims, defenses, or offsets with respect to the Guarantor signing enforcement by Lender against Borrower of the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Loan or the Loan Documents. Borrower further fully, finally and forever discharge Xxxxx Fargoreleases and discharges Lender and its respective successors, and any and all participantsassigns, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, employees, agents, attorneys, and employees of any of the foregoing, representatives from any and all actions, causes of action, claims, demands debts, demands, liabilities, obligations, and suits, of whatever kind or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now that it has or has made claim in the future may have, whether known or unknown, with respect to have against any the Loan and the Loan Documents or the actions or omissions of Lender in respect thereof to the extent such person for claims, counterclaims, defenses or by reason of any act, omission, matter, cause or thing whatsoever arising offsets arose from the beginning of time events occurring prior to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownAgreement. It is the intention of the Company and Guarantor in executing this release Borrower that the same above release shall be effective as a bar to full and final release of each and every claim, demand matter specifically and cause generally referred to in this paragraph. Borrower acknowledges and represents that it has been advised by independent legal counsel with respect to the agreements contained herein and with respect to the provisions of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides as follows: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each Borrower, being aware of said code section, expressly waives any and all rights it may hereafter discover facts different from have thereunder, as well as under any other statute or in addition to those now known or believed to be true common law principle of similar effect, with respect to any of the matters released herein. The Agreement shall act as a release of all included claims, rights and causes of action, whether such claims are currently known, unknown, foreseen or unforeseen and regardless of any present lack of knowledge as to such claims. Borrower understands and acknowledges the significance and consequence of this waiver of California Civil Code Section 1542, demandsand hereby assumes full responsibility for any injuries, damages, losses or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsliabilities released herein.

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing"Released Parties"), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that " As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. The Separation Benefits will only be due and payable if, within twenty-one days of the Separation Date, You deliver to the Company and do not revoke the Guarantor signing executed general release of claims in the Acknowledgment form attached on Exhibit A hereto (the “Release”). Contingent upon Your execution and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all non-revocation of the present Release: (A) the Company, on its own behalf and former directorson behalf of parents, subsidiaries, officers, shareholders, partners, members, individual employees, agents, representatives, directors, employees, attorneys, successors, and employees of any of anyone acting on its behalf in their capacity as such (collectively, the foregoing“Company Releasors”), hereby releases You from any all claims and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any actinjuries and/or damages or losses, omissionknown or unknown, matterforeseen or unforeseen, cause patent or thing whatsoever latent which the Company Releasors have sustained or which may be sustained as a result of any facts and circumstances arising from out of or in any way related to Your employment by the beginning of time Company, and to any other disputes, claims, disagreements, or controversies between You and the Company up to and including the date this Agreement is signed by the Company; provided that the Company Releasors are not releasing claims related to (i) fraud embezzlement or criminal misconduct by You, (ii) material breaches of this AmendmentYour fiduciary duties to the Company, whether or (iii) material claims that cause material damage to the Company Releasors of which the Company’s Board of Directors (the “Board”) is unaware on the date hereof and (B) the Company will direct its current members of the Board and executive officers to not disparage or speak ill of You; provided that nothing herein shall prohibit or limit such claims, demands and causes of action are matured persons from providing truthful statements or unmatured information required by law or known or unknownin response to requests from regulatory agencies. It is the intention of the Company and Guarantor in executing that this Release is a general release that the same which shall be effective as a bar to each and every claim, demand and demand, or cause of action specified it releases. The Company recognizes that the Company may have some claim, demand, or cause of action against You of which the Company is totally unaware and in furtherance unsuspecting which the Company is giving up by execution of this Release. It is the intention of the Company and Guarantor in executing this Release that, to the extent set forth herein, it will deprive the Company of each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiasuch claim, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from demand or in addition to those now known or believed to be true with respect to such claims, demands, or causes cause of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprevent the Company from asserting it against the released parties.

Release. Company As of the Closing, Recipient shall hereby fully and the Guarantor signing the Acknowledgment irrevocably releases Contributor and Agreement all persons and entities acting by or on behalf of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoContributor, and any all direct and all participantsindirect parents, parent corporationsmembers, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorspartners, officers, agentsdirectors, attorneys, shareholders and employees of Contributor and any of the foregoing, and any agent, affiliate, successor or assign of Contributor and any of the foregoing (collectively, the “Contributor Group”) from any and all claimsclaims that Recipient may have or thereafter acquire against Contributor and/or the Contributor Group (except to the extent such claim arises from a third party claim against Recipient relating to an incident occurring prior to the Closing Date) for any cost, demands loss, liability, damage, expense, demand, action or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance ("Claims") arising from or related to any matter of this intention any nature relating to, the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Property including the physical condition of the Property, any latent or patent construction defects, errors or omissions, compliance with law matters, Hazardous Substances and other environmental matters within, under or upon, or in the vicinity of the Property, including any environmental laws. The foregoing release by Recipient shall include any Claims that Recipient may have pursuant to any statutory or common law right Recipient may have to receive disclosures from Contributor, including any disclosures as to the Property's location within areas designated as subject to flooding, fire, seismic or earthquake risks by any federal, state or local entity, the presence of Hazardous Substances on or beneath the Property, the need to obtain flood insurance, the certification of water heater bracing or the advisability of obtaining title insurance, or any other condition or circumstance affecting the Property, its financial viability, use or operation, or any portion thereof. This release includes Claims of which Recipient is presently unaware or which Recipient does not presently suspect to exist in its favor which, if known by Recipient, would materially affect Recipient’s release of Contributor or the Contributor Group. In connection with the general release set forth in this Section 9.5, Recipient specifically waives the provisions of California Civil Code Section 1542, which provides as follows: "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." /s/ GS Recipient's Initials Notwithstanding anything to the contrary set forth in this Section 9.5, the foregoing release is not intended to and does not cover: (i) any claims arising from a breach of Contributor’s Express Representations and (ii) any other breach by Contributor of an Express Representation, warranty or obligation of Contributor under this Agreement or any of the State of California, closing documents which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORby its terms survives the Closing.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company (i) The Company, on behalf of itself and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorsits heirs, successors and assigns thereofassigns, together with all and (ii) each Lender, on behalf of its heirs, successors and assigns, hereby fully and irrevocably: (A) releases, acquits, satisfies and forever discharges each of the Lenders, and each of their respective past, present and former future affiliates, officers, directors, officerspartners, employees, agents, attorneys, representatives, heirs, successors and employees of any of the foregoingassigns, from any and all claimsmanner of liabilities, demands or causes of action of any kindobligations, nature or descriptionexpenses, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisedamages, which Company or Guarantor has hadjudgments, now has or has made claim to have against any such person for or by reason of any actexecutions, omissionactions, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured of any nature whatsoever, whether at law or unmatured or in equity, known or unknown. It is unknown or now accrued or subsequently maturing, which such releasing party now has or hereafter may have arising under, related to or in connection with the intention Loan Documents, the Intercreditor Agreement or the Joinder Agreement (the "Claims"); (ii) covenants and agrees never to institute or cause to be instituted or continue prosecution of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause any suit or other form of action specified or proceeding of any kind or nature whatsoever against any released party with respect to the Claims; and in furtherance of this intention the Company (iii) waives any and Guarantor each waives and relinquishes all rights and benefits under which it now has or hereafter may have by virtue of the provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The . Each releasing party specifically agrees, represents and warrants that (x) such releasing party realizes and acknowledges that factual matters now unknown to it may have given or hereafter may give rise to Claims which are presently unknown, unanticipated or unsuspected, (y) the release contained herein has been negotiated and agreed upon in light of such realization and (z) such releasing party nevertheless hereby intends the release contained herein to fully and irrevocably release, acquit, satisfy and forever discharge each of the released parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences unknown, unanticipated or additional factsunsuspected Claims. The foregoing release, however, is not intended to release any Lender from its express, continuing obligations specifically contained in the Loan Documents, the Intercreditor Agreement, the Joinder Agreement, this Agreement, the Securities Purchase Agreement (as deemed executed and delivered upon any conversion (with adjusted terms) pursuant to the amended conversion rights under Section 9 of the Notes), the Registration Rights Agreement (as defined below), the Shareholder Agreement (as defined below), the Certificate of Designations (as defined in the Securities Purchase Agreement) or any related agreements or documents (collectively, the "Transaction Documents").

Release. Company Effective upon the Close of Escrow, Buyer shall and the Guarantor signing the Acknowledgment hereby does waive, relinquish and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoSeller, and any and all participantsits officers, parent corporationsdirectors, subsidiary corporationsemployees, affiliated corporationsagents, insurerstrustees, indemnitorsaccountants, parents, subsidiaries, attorneys, shareholders, successors and assigns thereofall other persons acting for, together under or in concert with all the others, past and present, of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, actions, causes of action action, obligations, damages, liabilities, losses, costs or expenses, including attorneys’ fees, of any kindkind or nature whatsoever, nature past or descriptionpresent arising from, whether arising related to or in law connection with the presence of any hazardous substances, including, but not limited to, pesticides and herbicides on the Property. Buyer expressly understands and acknowledges that it is possible that unknown losses or equity claims exist or upon contract that present losses may have been underestimated in amount or tort severity, and Buyer explicitly took that into account in determining the consideration for the execution of this Agreement and a portion of said consideration, having been bargained for between the Parties with the knowledge of the possibility of such unknown losses or claims, was given in exchange for a full accord, satisfaction and discharge of all such losses or claims. Consequently, Buyer expressly waives all rights under any state or federal law or otherwiseCalifornia Civil Code §1542, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which providesprovides that: “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, RELEASE WHICH IF KNOWN BY HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Notwithstanding said Section 1542, the Parties agree that this Section 28.18 shall act as a release of all future claims that may arise from the above-described facts, whether such claims are currently known or unknown, foreseen or unforeseen, suspected or unsuspected, actual or potential, absolute or contingent, pending or anticipated, including, without limitation, any claim for damages as yet not incurred; and the Parties intentionally and specifically waive any rights they may have under the provisions of said Section 1542, as well as under any other statutes or common law principles of similar effect, and each assumes full responsibility for such injuries, damages, losses or liabilities that any of them may hereafter discover facts different from or in addition to those now known or believed to be true incur with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of this agreement and the Guarantor signing the Acknowledgment performance thereof and Agreement of Guarantor set forth below hereby absolutely other good and unconditionally release valuable consideration, each Borrower forever releases and forever discharge Xxxxx Fargodischarges Agent, its affiliates, officers, directors, consultants, agents, and any employees, and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, their respective successors and assigns thereof, together with all of (collectively the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, "Released Parties") from any and all claimsactions, demands or causes of action action, suits, debts, dues, sums of any kindmoney, nature accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or descriptionequity, whether arising in law without defense, offset or equity or upon contract or tort or under any state or federal law or otherwisecounterclaim, which Company any Borrower, directly or Guarantor has hadindirectly, ever had or now has or has made claim to can, shall or may, have against any such person for of the Released Parties for, upon, or by reason of any act, omission, matter, cause or thing whatsoever arising from whatsoever. Each Borrower expressly and explicitly acknowledges that it is aware of and is knowingly waiving any rights that he, she, or it may have against the beginning Released Parties under the provisions of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under California Civil Code Section 1542 (and any similar principle of the Civil Code of the State of Californialaw under any other applicable jurisdiction), which providessection reads as follows: “"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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that " In addition to the foregoing, each may hereafter discover facts different of the Borrowers agrees to forever refrain and forbear from commencing, assisting, instituting, prosecuting or encouraging others to institute or prosecute any litigation, action, arbitration, administrative or other proceeding of any kind against any of the Released Parties directly or indirectly arising out of, resulting from or relating in addition any way to those now known the subject matter of or believed to be true with respect to such claims, demands, or causes the fact and course of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsconduct underlying the releases granted herein.

Release. Company Except for the Surviving Obligations, the undersigned (and the Guarantor signing ------- individuals executing on behalf of the Acknowledgment undersigned in their individual capacities) do hereby release, discharge and Agreement of Guarantor set forth below hereby absolutely acquit each other, their past, present and unconditionally release future officers, employees, directors, principals, agents, partners, shareholders, attorneys, successors and forever discharge Xxxxx Fargoassigns, and any and all participantsaffiliated entity or other entity owned or controlled by one or more of them, parent corporationsfrom any claim asserted or which may have been asserted in connection with any rights, subsidiary corporationsobligations, affiliated corporationsrepresentations, insurerswarranties or covenants, indemnitors, successors and assigns or breaches thereof, together with all of contained in, arising from or conferred under the present and former directorsLease, officers, agents, attorneysother than the Surviving Obligations, and employees of any of the foregoing, from any and all claims, demands or demands, remedies, causes of action action, debts, liabilities and losses of any kind, nature every kind or descriptionnature, whether arising in law at this time known or equity unknown, anticipated or upon contract unforeseen, direct or tort indirect, fixed or under any state contingent, whether presently or federal law or otherwisehereafter disclosed, which Company or Guarantor has the parties to this Agreement, and their respective successors and assigns, ever had, now has have or has made claim to hereafter may have against any such person for or by reason of any actthe Lease, omissionthe landlord-tenant relationship created thereby, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention occupancy of the Company and Guarantor Premises under the Lease, except that nothing herein shall in executing this release that any way limit or prejudice the same shall be effective as a bar to each and every claim, demand and cause rights of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 either of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Surviving Obligations, demandsthe exercise and enforcement to the fullest extent of the rights granted under this Agreement, or causes the pursuit of action any claim by Tenant under that certain Agreement to Purchase Buildings dated September __, 2001, between Landlord and agree that this instrument shall be Tenant (the "Purchase Agreement") or reserved by Tenant under Section 15.15 of the Purchase Agreement. Landlord and remain effective Tenant hereby waive the protection of California Civil Code Section 1542, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in all respects notwithstanding any such differences or additional factshis favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Release. Company The Borrower and each Guarantor hereby, for itself, its successors, heirs, executors, administrators and assigns (each a “Releasing Party” and collectively, the “Releasing Parties”), releases, acquits and forever discharges the Agent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLenders, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneys, affiliates, successors, administrators and employees assigns (“Released Parties”) of any of the foregoing, and from any and all claims, demands or actions, causes of action action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which any kindReleasing Party might have because of anything done, nature omitted to be done, or description, whether arising allowed to be done by any of the Released Parties and in law any way connected with this Amendment or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason the other Loan Documents as of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of execution of this Amendment, whether such claimsWHETHER KNOWN OR UNKNOWN, demands FORESEEN OR UNFORESEEN, including, without limitation, any specific claim raised by any Releasing Party, any settlement negotiations and causes any damages and the consequences thereof resulting or to result from the events described, referred to or inferred hereinabove (“Released Matters”). Releasing Parties each further agree never to commence, aid or participate in (except to the extent required by order or legal process issued by a court or governmental agency of competent jurisdiction) any legal action are matured or unmatured other proceeding based in whole or known or unknownin part upon the foregoing. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in In furtherance of this intention general release, Releasing Parties each acknowledges and waives the Company and Guarantor each waives and relinquishes all rights and benefits under of California Civil Code Section 1542 (and all similar ordinances and statutory, regulatory, or judicially created laws or rules of the Civil Code of the State of Californiaany other jurisdiction), which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Each Releasing Party agrees that each may hereafter discover facts different from or this waiver and release is an essential and material term of this Amendment and that the agreements in addition to those now known or believed this paragraph are intended to be true in full satisfaction of any alleged injuries or damages in connection with respect the Released Matters. Each Releasing Party represents and warrants that it has not purported to such claimsconvey, demandstransfer or assign any right, title or interest in any Released Matter to any other person or entity and that the foregoing constitutes a full and complete release of the Released Matters. Each Releasing Party also understands that this release shall apply to all unknown or unanticipated results of the transactions and occurrences described above, as well as those known and anticipated. Each Releasing Party has consulted with legal counsel prior to signing this release, or causes had an opportunity to obtain such counsel and knowingly chose not to do so, and executes such release voluntarily, with the intention of action fully and agree that this instrument shall be and remain effective in finally extinguishing all respects notwithstanding any such differences or additional factsReleased Matters.

Release. Company and Upon Final Judgment, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Releasing Parties shall completely release, acquit, and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, Seaboard Released Parties from any and all claims, demands or demands, actions, suits, and causes of action of any kind, nature or descriptionaction, whether arising class, individual, or otherwise in law nature (whether or equity not any member of the Certified Class has objected to the Settlement Agreement or makes a claim upon contract or tort participates in the Settlement Fund, whether directly, representatively, derivatively or under in any state or federal law or otherwise, which Company or Guarantor has other capacity) that the Releasing Parties ever had, now have, or hereafter can, shall, or may ever have, that exist as of the date of the order granting Preliminary Approval against the Released Parties on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, injuries, losses, damages, and the consequences thereof that have been asserted in the Actions, or could have been asserted, under federal or state law in any way arising out of or relating in any way to the direct purchase of Pork produced, processed or sold by the Seaboard Released Parties or any of the Defendants or their Co-Conspirators, and purchased directly by the Releasing Parties (the “Released Claims”).3 Without limitation, Released Claims include (a) claims arising out of purchases made at any time before, during or after the Class Period up until the date of the Order granting Preliminary Approval, and (b) claims against the Released Parties arising out of Seaboard's ownership or partial ownership of other entities in which Seaboard has or has made claim to have an interest, including Seaboard Triumph Foods, LLC and Daily’s Premium Meats, LLC. Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any Defendant (including but not limited to Triumph Foods, LLC and Triumph Foods, LLC's separate interest in Seaboard Triumph Foods, LLC and Daily’s Premium Meats, LLC) or co- conspirator other than the Seaboard Released Parties, nor (ii) any claims wholly unrelated to the allegations in the Actions that are based on breach of contract, any negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defect, or securities claim. This reservation of claims set forth in (i) and (ii) of this Paragraph does not impair or diminish the right of the Seaboard Released Parties to assert any and all defenses to such person claims. During the period after the expiration of the deadline for submitting an opt- out notice, as determined by the Court, and prior to Final Judgment, all Releasing Parties 3 For the avoidance of doubt, the Certified Class does not include any class member’s indirect purchases of Pork, so therefore the release applies only to the purchase of Pork by a Certified Class member directly from the Seaboard Released Parties or any of the Defendants or their Co-Conspirators. Provided, however, that the release applies to claims that members of the Certified Class hold by reason of any act, omission, matter, cause or thing whatsoever arising assignments from direct purchasers. who have not submitted a valid request to be excluded from the beginning of time to Certified Class shall be preliminarily enjoined and including barred from asserting any Released Claims against the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownSeaboard Released Parties. It is the intention The release of the Company and Guarantor in executing this release that the same shall be Released Claims will become effective as a bar to each and every claimall Releasing Parties upon Final Judgment. Upon Final Judgment, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and Releasing Parties further agree that this instrument shall be and remain effective in all respects notwithstanding they will not file any such differences other suit against the Seaboard Released Parties arising out of or additional factsrelating to the Released Claims.

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Released Parties”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. By its execution of this Limited Guaranty, the Company hereby covenants and agrees that (i) neither the Company nor any Company Related Party has or shall have any right of recovery against Limited Guarantor signing or any Parent Related Party (other than Parent and MergerSub) under the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoMerger Agreement, or the transactions contemplated thereby or otherwise relating thereto, and to the extent that it has or obtains any such right it, to the maximum extent permitted by Applicable Law, hereby waives (on its own behalf and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all on behalf of each of the present aforementioned persons) each and former directors, officers, agents, attorneysevery such right against, and employees of hereby releases, Limited Guarantor and each Parent Related Party (other than Parent and MergerSub) from and with respect to any claim, known or unknown, now existing or hereafter arising, in connection with any transaction contemplated by or otherwise relating to the Merger Agreement or the transactions contemplated thereby or hereby, whether by or through attempted piercing of the foregoingcorporate (limited partnership or limited liability company) veil, from by or through a claim by or on behalf of Parent, MergerSub or any other person against any Parent Related Party (other than Parent and all claims, demands MergerSub) or causes otherwise under any theory of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or (the “Released Claims”), other than Non-Prohibited Claims and claims against Parent and MergerSub under any state or federal law or otherwisethe Merger Agreement, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from shall be the beginning of time to sole and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention exclusive remedy of the Company and any Company Related Party against Limited Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true and/or any other Parent Related Party with respect to such claimsthe Released Claims. The Company hereby covenants and agrees that it shall not institute, demandsdirectly or indirectly, and shall cause its Company Related Parties not to institute, any proceeding or bring any other claim arising under, or causes in connection with, the Merger Agreement or the transactions contemplated thereby or hereby or otherwise relating hereto, against any Parent Related Party, except claims against Limited Guarantor under this Limited Guaranty (subject to the limitations contained herein) and claims for specific performance of action the Limited Guarantor under the Equity Commitment Letter solely in Limited Guarantor’s capacity as a party to the Equity Commitment Letter (subject to the terms and agree that this instrument shall be and remain effective conditions set forth therein and/or in all respects notwithstanding any such differences or additional factsthe Merger Agreement).

Release. Company In consideration of the severance benefits offered to me by MeadWestvaco Corporation (the “Company”) under the Employment Agreement dated as of , 2008, (the “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan, nature (ii) any claim for compensation and benefits to be provided to me under the Agreement, (ii) any claim for vested benefits or descriptionbenefits that I am otherwise entitled to receive under any plan, whether arising policy, practice or program of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the-Date of Termination, (iii) any claim related to my indemnification as an officer, director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws, or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up, any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company and Each of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Loan Parties hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has the Loan Parties have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor Loan Parties in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor Loan Parties each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Each Seller hereby acknowledges that the Indemnified Party (as defined below) are expressly relying on this release provision in consummating the transactions contemplated by this Agreement, and would not consummate such transactions but for this release provision. Each Seller hereby acknowledges, confirms and agrees that such Seller (a) is the exclusive owner of the Company Shares being sold by such Seller to the Buyer hereunder, (b) does not have any equity interest in the Company other than the Company Shares being sold to the Buyer hereunder, and (c) does not have any rights to any additional shares of the capital stock or any other securities of the Company, including any options, warrants, conversion privileges, preemptive rights or other rights or agreements. Each Seller, on behalf of such Seller and each of such Seller’s respective Affiliates (if any), hereby releases and forever discharges each Buyer, the Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorstheir respective Affiliates, officers, agentsdirectors, attorneysemployees and agents (collectively, and employees of any of the foregoing, “Indemnified Party”) from any and all claims, demands or demands, judgments, proceedings, causes of action of any kindaction, nature or descriptionorders, obligations, contracts, agreements, liens, accounts, costs and expenses (including attorney’s fees and court costs), debts and liabilities whatsoever, whether arising known or unknown, suspected or unsuspected, matured or un-matured, both at law (including federal and state securities laws) and in law or equity or upon contract or tort or under any state or federal law or otherwiseequity, which Company such Seller or Guarantor has hadany of such Seller’s respective Affiliates now have, now has have ever had or has made claim to may hereafter have against any such person for the Indemnified Party arising contemporaneously with or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time prior to and including the date of this AmendmentAgreement or on account of or arising out of any matter, cause, event or omission occurring contemporaneously with or prior to the date of this Agreement, including, but not limited to, any rights to indemnification or reimbursement from the Company, whether such claimspursuant to the Company’s articles of organization, demands resolution, contract or otherwise and causes whether or not relating to claims pending on, or asserted after, the date of action are matured or unmatured or known or unknown. It is the intention this Release; provided, however, that nothing contained herein shall operate to release any obligations of the Company and Guarantor in executing this release that Buyer to the same shall be effective Sellers arising exclusively as a bar to each and every claim, demand and cause of action specified and in furtherance result of this intention Agreement. Each Seller hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Indemnified Party, based upon any matter purported to be released hereby. Without in any way limiting any of the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaremedies otherwise available to any Indemnified Party, which provides: “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 RELEASEeach Seller shall indemnify and hold harmless each Indemnified Party from and against all actions, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, security interests, taxes, liens, losses, lost value, expenses and fees arising directly or causes indirectly from or in connection with (i) the assertion by or on behalf of action such Seller or such Seller’s Affiliates of any claim or other matter purported to be released pursuant to this provision and agree that (ii) the assertion by any third party of any claim or demand against any Indemnified Party which claim or demand arises directly or indirectly from, or in connection with, any assertion by or on behalf of such Seller, or any of such Seller’s Affiliates against any third party of any claims or other matters purported to be released pursuant to this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprovision.

Release. Company Upon payment in full of the Indebtedness or the satisfaction by Guarantors of their obligations hereunder and any Loan Documents executed by any of the Guarantor signing Guarantors pursuant to the Acknowledgment and Credit Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothereto, and when Guarantors are no longer subject to any and all participantsobligation hereunder or thereunder, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all the Agent shall deliver to each of the present Guarantors, upon written request therefor, (i) a written release of this Guaranty and former directors(ii) appropriate discharges of any Collateral provided by such Guarantor for this Guaranty; provided however that the effectiveness of this Guaranty and such Collateral shall continue or be reinstated, officersas the case may be, agentsin the event: (x) that any payment received or credit given by the Agent or the Banks, attorneysor any of them, is returned, disgorged, rescinded or required to be recontributed to any Person as an avoidable preference, impermissible setoff, fraudulent conveyance, restoration of capital or otherwise under any applicable state, federal or national law of any jurisdiction, including without limitation laws pertaining to bankruptcy or insolvency, and employees this Guaranty shall thereafter be enforceable against each of the Guarantors as if such returned, disgorged, recontributed or rescinded payment or credit had not been received or given by the Agent or the Banks, and whether or not the Agent or any Bank relied upon such payment or credit or changed its position as a consequence thereof or (y) that any liability is imposed, or sought to be imposed against the Agent or the Banks, or any of them, relating to the environmental condition of any of property mortgaged or pledged to Agent on behalf of the foregoingBanks by any of the Guarantors, from Borrower, or any and all claims, demands other party as collateral (in whole or causes of action of part) for any kind, nature indebtedness or description, whether arising in law obligation evidenced or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or secured by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentGuaranty, whether such claimscondition, demands and causes of action are matured claim or unmatured or matter is known or unknown. It is the intention , now exists or subsequently arises (excluding only conditions which arise from and after acquisition by Agent or any Bank of any such property, in lieu of foreclosure or otherwise and not caused by Borrower, any of its Subsidiaries or any of their agents, employees or representatives) in which event this Guaranty shall thereafter be enforceable against each of the Company Guarantors to the extent of all liabilities, and Guarantor in executing this release that all reasonable costs and expenses (including reasonable attorneys fees) incurred by Agent or Banks as the same shall be effective as a bar to each and every claim, demand and cause direct or indirect result of action specified and in furtherance any such environmental condition. For purposes of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaGuaranty “environmental condition” includes, which provides: “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 RELEASEwithout limitation, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true conditions existing with respect to such claimsthe surface or ground water, demandsdrinking water supply, land surface or causes of action subsurface strata and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe ambient air.

Release. Company For purposes of this Paragraph 6, the term “Borrower Parties” shall mean Borrowers and Guarantors collectively and the Guarantor signing the Acknowledgment term “Lender Parties” shall mean Administrative Agent, Lenders and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoIssuing Bank, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorsshall include each of their respective predecessors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysassigns, and employees each past and present, direct and indirect, parent, subsidiary and affiliated entity of any each of the foregoing, from and each past and present employee, agent, attorney in fact, attorney at law, representative, officer, director, shareholder, partner and joint venturer of each of the foregoing, and each heir, executor, administrator, successor and assign of each of the foregoing; references in this paragraph to “any” of such parties shall be deemed to mean “any one or more” of such parties; and all references in this sentence to “each of the foregoing” shall mean and refer cumulatively to each party referred to in this sentence up to the point of such reference. Each Borrower and each Guarantor hereby acknowledges, represents and agrees: that, as of the date hereof, Borrowers and Guarantors have no defenses, setoffs, claims, demands counterclaims or causes of action of any kind, kind or nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such the Credit Agreement, the Subsidiary Guaranty Agreement, the other Loan Documents or the Obligations, or with respect to any other documents or instruments now or heretofore evidencing, securing or in any way relating to the Obligations (all of said defenses, setoffs, claims, demands, counterclaims or causes of action being hereinafter referred to as “Loan Related Claims”); that, to the extent that Borrowers or Guarantors may be deemed to have any Loan Related Claims as of the date hereof, Borrowers and agree Guarantors do hereby expressly waive, release and relinquish any and all such Loan Related Claims, whether or not known to or suspected by Borrowers and Guarantors; that Borrowers and Guarantors shall not institute or cause to be instituted any legal action or proceeding of any kind based upon any Loan Related Claims; and that Borrowers and Guarantors shall indemnify, hold harmless and defend all Lender Parties from and against any and all Loan Related Claims and any and all losses, damages, liabilities and related reasonable expenses (including reasonable fees, charges and disbursements of any counsel for any Lender Parties) suffered or incurred by any Lender Parties as a result of any assertion or allegation by any Borrower Parties of any Loan Related Claims or as a result of any legal action related thereto, provided that such indemnity shall not, as to any Lender Parties, be available to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from (i) the gross negligence or willful misconduct of such Lender Parties or (ii) a claim brought by any Borrower or Guarantor against any Lender Parties for breach in bad faith of such Lender Parties’ obligations under any Loan Document. Notwithstanding the foregoing provisions of this instrument shall be Paragraph 8, Borrowers and remain effective in all respects notwithstanding Guarantors make no such releases, representations, warranties, standstills or agreements with respect to any such differences or additional factsfuture Loan Related Claims.

Release. Company At or prior to the Closing, subject to Section 7.12 and the Guarantor signing provisions of the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoother Transaction Documents, as applicable, and any other Contract that may be entered into among the parties following the Closing, (a) Seller Bank and all participantsits Subsidiaries shall execute releases acquitting, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors releasing and assigns thereof, together with all of the present discharging Parent Seller and former directors, officers, agents, attorneys, and employees of any of its Affiliates or Representatives (including the foregoing, directors of Seller Bank) from any and all claims, demands liabilities to Seller Bank and its Subsidiaries that exist as of the Closing Date or causes that arise in the future from events or occurrences taking place prior to or as of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim the Closing Date (provided that the foregoing shall not apply to have against the extent that any such person for Person is a Purchaser Indemnified Party exercising rights under Section 10.1), and (b) Parent Seller shall execute releases acquitting, releasing and discharging Seller Bank and its Subsidiaries and their respective Representatives from any and all liabilities to Parent Seller or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to its Affiliates (other than Seller Bank and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention its Subsidiaries) that exist as of the Company and Guarantor Closing Date or that arise in executing this release that the same shall be effective future from events or occurrences taking place prior to or as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code Closing Date and from any obligations under Contracts to which Parent Seller or any of its Affiliates (other than Seller Bank and its Subsidiaries) is a party (x) under which Seller Bank and its Subsidiaries are provided with services, property or other assets that are used in the State conduct of Californiatheir respective businesses, which provides: “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(y) that contain any exclusive dealing or third party referral arrangements imposed on Seller Bank or any of Seller Bank’s Subsidiaries, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge or any non-competition or non-solicitation covenants that each may hereafter discover facts different purport to limit the freedom from and after the Closing of Seller Bank and its Subsidiaries to compete in any line of business or with any Person or in addition to those now known or believed to be true with respect to such claims, demandsany area, or causes (z) for which there are any costs or expenses that would be incurred by Seller Bank and its Subsidiaries from and after the Closing in connection with the termination of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsContracts.

Release. Company (a) Effective as of the Closing Date, except with respect to ordinary course trade payables and accrued royalties existing as of the Guarantor signing Closing Date and owed to Purchaser or its Affiliates irrespective of the Acknowledgment transactions contemplated by this Agreement, if any, Purchaser, on behalf of itself, Holdings and Agreement their Subsidiaries, and each of Guarantor set forth below the Conveyed Companies (the “Purchaser Releasors”), hereby absolutely and unconditionally release releases, acquits and forever discharge Xxxxx Fargodischarges, to the fullest extent permitted by Law, each of Seller, the stockholders of Seller and each of their respective past, present or future officers, managers, directors, stockholders, partners, members, Affiliates, employees, counsel and agents (each, a “Seller Releasee”) of, from and against any and all participantsactions, parent corporationscauses of action, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes demands, damages, judgments, debts, dues and suits of action of any every kind, nature or descriptionand description whatsoever, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has such Purchaser Releasor ever had, now has or has made claim to may in the future have against any such person for on or by reason of any act, omission, matter, cause or thing whatsoever arising from related to the beginning of time Business, the Purchased Assets, Assumed Liabilities or Conveyed Companies prior to the Closing Date (other than any Assumed Intercompany Payables or Assumed Intercompany Receivables) but only to the extent that such cause, matter or thing does not otherwise constitute fraud. Each Purchaser Releasor covenants and including the date of this Amendmentagrees not to, whether such claimsnor shall any Purchaser Releasor cause its respective Subsidiaries to, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORassert any claim released hereby against any Seller Releasee.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company By this Agreement, Borrower, Guarantor, Christie Tyler, Keenan Cheung, CRD Holdings, and the Guarantor signing the Acknowledgment CRD Arizona ("Releasxxx") xxx xxxxsexxxx, xxxxx xuccessors and Agreement of Guarantor set forth below hereby absolutely and unconditionally release assigns, release, acquit and forever discharge Xxxxx FargoLender, and any and all participantsits agents, parent corporationsservants, subsidiary corporationssuccessors, affiliated corporationsheirs, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsexecutors, officers, agentsdirectors, shareholders, employees, attorneys, and employees of or any of the foregoingparent, subsidiary or affiliate entity, past, present or future, from any and all rights, claims, demands or demands, losses, debts, damages, obligations, costs, including attorneys' fees, liabilities, rights of action, causes of action action, suits, liens, expenses, compensation, indemnities, responsibilities or damage of any kind, nature or descriptionevery kind and nature, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, or suspected or unsuspected, which Releasors ever had or now have or make claim to or have against Lender of any type, nature or description arising out of, relating to, or in any way connected with the Loan Documents, the Action or the Gisa Transaction. It is the intention of the Company and Guarantor in executing Releasors that this release that the same Agreement shall be effective as a bar to full and final release of each and every claim, demand obligation and cause of action specified and in matter included within the claims released herein. In furtherance of this intention intention, Releasors hereby expressly waive the Company provisions of California Civil Code section 1542 or any similar state or federal law, which provides that: 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. Releasors acknowledge, warrant and Guarantor each waives and relinquishes all rights and benefits under Section represent that they are familiar with section 1542 of the California Civil Code and that the effective import of that provision has been fully explained to them by their attorneys, and specifically waive and relinquish any right or benefit which they may have under California Civil Code section 1542 to the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties full extent they may lawfully waive such right or benefit. In connection with such waiver and relinquishment Releasors acknowledge that each they fully understand that they may hereafter discover facts different from or in addition to or different from those which they now known know or believed believe to be true with respect to such the subject matter of this Agreement, but that it is their intention hereby to fully, finally and forever release the claims, demandsreleased herein, known or causes unknown, suspected or unsuspected, which now exist, may exist in the future and heretofore have existed, and that in furtherance of action and agree that this instrument such intention, the release given herein shall be and remain effective in all respects effect as a full and complete release of the matters released herein, notwithstanding the discovery or existence of any such differences additional or additional different facts.

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Released Parties”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “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 MIGHT HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. Effective upon the Closing, each Seller, on behalf of itself and its current and former controlled affiliates (other than, in respect of such Seller, the other Sellers) and their respective successors and assigns (collectively, the “Seller Releasing Parties”), hereby releases and discharges the Company and the Guarantor signing the Acknowledgment Company Subsidiaries and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present their respective current and former managers, directors, officers, agentsemployees, attorneysmembers, shareholders, partners, benefit plan fiduciaries and employees of any of administrators and their respective successors and assigns (the foregoing, “Seller Released Parties”) from and against any and all claimsliabilities, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured actions of such Seller, of any kind or unmatured nature whatsoever in each case solely arising out of such Seller’s ownership of the Company (whether directly or known indirectly) solely as to facts, conditions, transactions, events or unknowncircumstances prior to the Closing (the “Seller Released Matters”), and each Seller shall not, and shall cause the other Seller Releasing Parties not to, seek to recover any amounts in connection with such Seller Released Matters from any Seller Released Party; provided, however, that nothing contained in this Section 7.22 shall waive, release or discharge any Seller Released Party from, and the Seller Released Matters shall in no event include, any liability such person may have to any Seller Releasing Party with respect to (i) obligations under this Agreement or the Transaction Documents, (ii) any right to indemnification or exculpation under any agreements or Organizational Documents of the Company or the Company Subsidiaries, (iii) with respect to any compensation, salary, bonuses, vacation pay or any other employee benefits accrued pursuant to an Employee Benefit Plan or any expense reimbursement pursuant to a policy of the Company and (iii) any Interested Party Transactions set forth on Section 7.22 of the Company Disclosure Schedule. It is the intention of the Company and Guarantor each Seller in executing the release contained in this Section 7.22 and in giving and receiving the consideration called for in this Agreement, that this release that the same shall be effective as a bar to each full and every claim, demand final accord and cause satisfaction and general release of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes from all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSeller Released Matters.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and Lessee unconditionally release waives, releases, acquits and forever discharge Xxxxx Fargodischarges Lessor and its trustees, and any and all participantsofficers, parent corporationsemployees, subsidiary corporations, affiliated corporations, insurers, indemnitorsaffiliates, successors and assigns thereof(collectively, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, “Lessor Parties”) from any and all actions, omissions, losses, claims, demands or causes of action actions, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, liquidated or unliquidated, foreseen or unforeseen, which may at any time be associated with the Leasehold Interest or which Lessee may now have or which may arise in the future on account of or in any kindway related to, nature connected with or descriptionarising from any value, whether arising nature, quality, feature, characteristic, circumstance, communication, term or condition about or of the Property, the Lease, the Leasehold Interest, the terms and conditions of the Lease or the Leasehold Interest, or Lessor’s decision to offer the Amendment to its lessees, including without limitation the extension rights described in law Recital D above, the timing and the terms upon which the extension rights are offered, Lessor’s requirement that in exchange for the foregoing Lessor be granted the right of first offer described in Recital D above or equity Lessor’s decision not to offer any different benefits or terms (all of which are collectively referred to in this Release as the “Released Claims”). In connection with such release and to the extent of the Released Claims, Lessee waives any and all rights and benefits conferred upon contract it by the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or tort suspect to exist in his or under 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,” and all rights and benefits conferred by any analogous state or federal law or otherwise, which Company regulation or Guarantor has had, now has or has made claim to have against any such person for or by reason common law principles of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORsimilar effect.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Upon the Effective Date, Plaintiffs named in this Settlement Agreement and Release and every Settlement Class Member (except those who timely opt-out), for themselves, their attorneys, spouses, beneficiaries, executors, representatives, heirs, successors, and assigns, in consideration of the Guarantor signing the Acknowledgment and Agreement of Guarantor relief set forth below hereby absolutely in the Settlement Agreement, fully and unconditionally finally release and forever discharge Xxxxx FargoRMCHCS, and any and all participantssubsidiary, parent corporationsand related entities, subsidiary corporationsall officers, affiliated corporationsdirectors, shareholders, employees, attorneys, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneyssuccessors, and employees of any of the foregoing, persons who acted on their behalf from any and all claimsclaims or causes of action, demands whether known or unknown, that concern, refer or relate to (a) the Data Breach; and (b) all other claims or causes of action that were pleaded, or that could have been pleaded based on the Data Breach and/or RMCHCS’s response to the Data Breach in the Lawsuit. The claims released in this paragraph are referred to as the “Released Claims,” and the parties released are referred to as the “Released Parties.” Plaintiffs waive any principles of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time similar to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “A GENERAL RELEASE REELASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties DEBTOR OR RELEASED PARTY. Plaintiffs agree that Section 1542 and all similar federal or state laws, rules, or legal principles of any other jurisdiction are knowingly and voluntarily waived in connection with the claims released in the Settlement Agreement, and agree that this is an essential term of the Settlement Agreement. Plaintiffs and the Settlement Class Members acknowledge that each they may hereafter later discover claims presently unknown or suspected, or facts different from or in addition to or different from those which they now known or believed believe to be true with respect to such claimsthe matters released in the Settlement Agreement. Nevertheless, demandsPlaintiffs and Settlement Class Members fully, or causes of action finally, and agree that this instrument shall be forever settle and remain effective in all respects notwithstanding any such differences or additional factsrelease the Released Claims against the Released Parties.

Release. Company and In consideration for the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Payment described in section 1 above, Employee hereby absolutely irrevocably and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Company, its predecessors, successors, subsidiaries, affiliates and benefit plans, and any each and all participantsevery past, parent corporationspresent and future officer, subsidiary corporationsdirector, affiliated corporationsemployee, insurersrepresentative and attorney of the Company, indemnitorsits predecessors, successors, subsidiaries, affiliates and benefit plans, and their successors and assigns thereof(collectively referred to herein as the "Releasees"), together from any, every, and all charges, complaints, claims, causes of action, and lawsuits of any kind whatsoever, including, to the extent permitted under the law, all claims which Employee has against Releasees, or any of them, arising from or in any way related to circumstances or events arising out of Employee's employment by the Company. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST RELEASEES BASED ON STATE OR FEDERAL AGE ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, THE AGE DISCRIMINATION AND EMPLOYMENT ACT OF 1967, AS AMENDED, WHETHER SUCH CLAIM BE BASED UPON AN ACTION FILED BY EMPLOYEE OR A GOVERNMENTAL AGENCY. Provided, however, that nothing in the foregoing or otherwise in this Agreement is intended to waive any of Employee's rights to have the Company defend and/or indemnify him in accordance with all the General Corporation Law of Delaware and the Bylaws of the present Company, as the same now exist or may hereafter be amended, against expenses (including attorneys' fees), judgments, fines and former directorsamounts paid in settlement actually and reasonably incurred in connection with any threatened, officerspending or completed action, agentssuit, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature proceeding in which Employee was or description, whether arising in law is a party or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has is threatened to be made claim to have against any such person for or a party by reason of any act, omission, matter, cause the fact that Employee is or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured was a director or unmatured or known or unknown. It is the intention officer of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCompany.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company The Borrower, for itself and on behalf of its predecessors, ------- successors and assigns (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below "Borrower Releasors"), does hereby absolutely and unconditionally release and forever discharge Xxxxx Fargorelease, discharge, and any acquit the Bank and all participantsits past and present employees, parent corporationsagents, subsidiary corporationsofficers, affiliated corporationsdirectors, insurers, indemnitorspredecessors, successors and assigns thereofassigns, together with all (collectively, the "Bank Releasees") of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all rights, claims, demands or causes of action action, contracts, agreements, duties, demands, or liabilities whatsoever of every kind and nature, including without limitation any kindso-called "lender liability" claims or defenses, nature or description, whether arising in at law or equity in equity, known or upon contract unknown, matured or tort unmatured, foreseeable or under any state or federal law or otherwiseunforeseeable (collectively, "Claims"), which Company or Guarantor has the Borrower Releasors have, ever had, now has or has made claim may have had prior to have the Closing against any such person for or the Bank Releasees by reason of any liability, act, omission, matter, cause thing or thing whatsoever circumstance arising out of or related to the execution, administration and enforcement of the Original Loan Documents, and the assertion and treatment of the Bank's claims in the chapter 11 cases. The Borrower represents and warrants that there has been no assignment or other transfer of any interest in any Claim which it may have against any of the Bank Releasees and which was released by this Agreement, and the Borrower agrees to indemnify and hold harmless the Bank Releasees, and each of them, from any Claims, including attorneys' fees, incurred by the beginning Bank Releasees, or any of time them, as a result of any person asserting any such assignment or transfer or any rights or Claims under any such assignment or transfer. The Borrower acknowledges that there is a risk that subsequent to and including the date execution of this AmendmentAgreement, whether the Borrower will discover or suffer damage, loss or injury to persons or property which is in some way caused by or connected with the Claims, but which is unknown or unanticipated at the time of the execution of this Agreement. The Borrower does hereby specifically assume such claimsrisk and agrees that this release shall and does apply to all unknown or unanticipated Claims, demands and causes of action are matured or unmatured or as well as those currently known or unknownanticipated. It is Accordingly, the intention Borrower acknowledges that it has read the provisions of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of Californiasection 1542, which providesprovides as follows: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . and knowingly and expressly waives, relinquishes and forfeits all rights and benefits accorded by the provisions of California Civil Code section 1542, or any similar federal or state statutes, and furthermore waives any rights that each may hereafter discover facts different from it might have to invoke said provision now or in addition to those now known or believed to be true the future with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe release contained herein.

Release. Company (a) Holdings and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below each other Loan Party hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges the Administrative Agent and the Lenders, and any and all of their respective participants, members, related funds, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoingforegoing (each a “Released Party”), from any and all claims, demands suits, investigations, proceedings, demands, obligations, liabilities, damages, losses, costs, expenses, or causes of action of any kind, nature or description, whether arising based in law law, equity, contract, tort, implied or equity express warranty, strict liability, criminal or upon contract or tort civil statute, common law, or under any state or federal law or otherwise, of any kind or character, known or unknown, past or present, liquidated or unliquidated, suspected or unsuspected, matured or unmatured, known or unknown, in each case, which Company Holdings or Guarantor such other Loan Party has had, now has has, or has made claim to have against any such person Released Party for or by reason of any act, omission, matter, cause or thing whatsoever arising from which relates, directly or indirectly to the beginning Credit Agreement or any other Loan Document, provided, however, that the foregoing shall not effect or otherwise constitute a release of time to and including the date of any duties or obligations set forth in this Amendment, whether such claims, demands and causes of action are matured the Credit Agreement or unmatured or known or unknownthe other Loan Documents. It is the intention of the Company Holdings and Guarantor each other Loan Party in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Holdings and each other Loan Party acknowledges that each it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Holdings and each other Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below I, Xxxx X. Xxxxx, do hereby absolutely and unconditionally release and forever discharge Xxxxx FargoHealthier Choices Management Corp. and each of its parent companies, and any and all participantssubsidiaries, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present respective direct and former directors, officers, agents, attorneys, and employees indirect equity owners of any of the foregoing, each of the respective Affiliates of any of the foregoing, and each of the respective officers, directors, members, managers, partners, equity owners, employees, representatives and agents of any of the foregoing (collectively, the “Employer Affiliates”, and each an “Employer Affiliate”) from any and all claims, demands or causes of action of any kindliabilities whatsoever, nature known or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisesuspected to exist by me, which Company I ever had or Guarantor has had, may now has or has made claim to have against any such person for or by reason of any actEmployer Affiliate, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentEffective Date (as defined below), whether such including, without limitation, any claims, demands or liabilities in connection with my employment, including wrongful termination, constructive discharge, breach of express or implied contract, unpaid wages, benefits, attorneys’ fees or pursuant to any federal, state, or local employment laws, regulations, or executive orders prohibiting inter alia, age, race, color, sex, national origin, religion, handicap, veteran status, and causes of action are matured or unmatured or known or unknown. It is disability discrimination, including, without limitation, the intention of the Company and Guarantor Age Discrimination in executing this release that the same shall be effective as a bar to each and every claimEmployment Act, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Title VII of the Civil Code Rights Act of 1964, as amended by the State Civil Rights Act of California1991, which provides: “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 RELEASEthe Civil Rights Act of 1866, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, and any similar state statute or any state statute relating to employee benefits or pensions but specifically excluding claims, demands or liabilities related to my ownership of equity in Holdings or for indemnification in connection with my service as a director or officer of Company or any of its Affiliates. I fully understand that each may hereafter discover facts different from or in addition to those now known or believed to be true if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts believed by me to be true, I expressly accept and assume the risk of such claims, demands, or causes of action possible difference in fact and agree that this instrument the release set forth herein shall be and remain effective notwithstanding such difference in all respects notwithstanding fact. I acknowledge and agree that no consideration other than as provided for by the Amended and Restated Employment Agreement has been or will be paid or furnished by any such differences or additional factsEmployer Affiliate.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Borrower fully, finally and forever discharge Xxxxx Fargo, releases and any discharges Lender and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, each Lender Party from any and all actions, causes of action, claims, demands debts, demands, liabilities, obligations and suits, of whatever kind or causes of action of any kindnature, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseequity, which Company or Guarantor has had, now that Borrower has or has made claim to have against any such person for in the future may have, whether known or by reason unknown (i) in respect of any actthe Loan, omissionthis Modification, matter, cause the other Loan Documents or thing whatsoever the actions or omissions of Lender in respect of the Loan or the Loan Documents and (ii) arising from the beginning of time events occurring prior to and including the date of this AmendmentModification. BORROWER EXPRESSLY WAIVES ANY PROVISION OF STATUTORY OR DECISIONAL LAW TO THE EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN SUCH PARTY’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, whether such claimsWHICH, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimIF KNOWN BY SUCH PARTY, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section MUST HAVE MATERIALLY AFFECTED SUCH PARTY’S SETTLEMENT WITH THE RELEASED PARTIES, INCLUDING PROVISIONS SIMILAR TO SECTION 1542 of the Civil Code of the State of CaliforniaOF THE CALIFORNIA CIVIL CODE, which providesWHICH PROVIDES: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.”

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Borrower hereby absolutely and unconditionally release fully, finally and forever discharge Xxxxx Fargoacquits, quitclaims, releases and any discharges Agent and all participantsLenders and their respective officers, parent corporationsdirectors, subsidiary corporationsemployees, affiliated corporations, insurers, indemnitorsagents, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all obligations, claims, demands liabilities, damages, demands, debts, liens, deficiencies or cause or causes of action to, of any kindor for the benefit (whether directly or indirectly) of Borrower, nature or description, whether arising in at law or equity in equity, known or upon contract or tort or under any state or federal law unknown, contingent or otherwise, which Company whether asserted or Guarantor has hadunasserted, whether now has known or has made claim hereafter discovered, whether statutory, in contract or in tort, as well as any other kind or character of action now held, owned or possessed (whether directly or indirectly) by Borrower on account of, arising out of, related to have against or concerning, whether directly or indirectly, proximately or remotely (i) the negotiation, review, preparation or documentation of the Loan Documents or any other documents or agreements executed in connection therewith, (ii) the administration of the Loan Documents, (iii) the enforcement, protection or preservation of Agent’s and Lenders’ rights under the Loan Documents, or any other documents or agreements executed in connection therewith, (iv) the negotiation, review, preparation and documentation of this Amendment or any other documents or agreements executed in connection herewith, and/or (v) any action or inaction by Agent or Lender in connection with any such person for or by reason documents, instruments and agreements. Borrower acknowledges having read and understood and hereby waives the benefits of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code Code, which provides as follows (and hereby waives the benefits of any similar law of the State of California, which provides: state that may be applicable): “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 RELEASEgeneral 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, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORif known by him or her, would have materially affected his or her settlement with the debtor or released party.” The parties acknowledge Borrower acknowledges that each may hereafter discover facts different from or in addition to those now known or believed the foregoing provisions of this Section 5(c) are intended to be true a general release with respect to such claims, demands, or causes of action the matters described therein. Borrower does hereby expressly acknowledge and agree that the waivers and releases contained in this instrument Amendment shall not be construed as an admission of and/or the existence of any claims of Borrower against Agent or Lender. Borrower does hereby acknowledge and remain effective agree that the value to Borrower of this Amendment and of the covenants and agreements on the part of Lender contained in this Amendment substantially and materially exceeds any and all respects notwithstanding value of any such differences kind or additional factsnature whatsoever of any claims or liabilities waived or released by Borrower hereunder.

Release. Company From and after the Effective Time, each Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A)such Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action such Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or Claims as are contemplated by reason this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless such Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, each Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions 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, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, such Stockholder expressly waives any rights with respect to any of the Released Claims, which such Stockholder may have. In connection with such waivers, such Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company such Stockholder, and Guarantor in executing each of them, through this release, fully, finally and forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by each Stockholder.

Release. Company Effective at the Closing, each Seller releases and discharges each of the Guarantor signing the Acknowledgment RFG Family Entities and Agreement their subsidiaries, officers, directors, employees, equity holders, agents, attorneys and predecessors and successors in interest, heirs, executors and assigns, from any and all claims for relief, including all causes of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoactions, suits, petitions or demands in law or equity, direct, derivative, or otherwise, and any and all participantsallegations of liability, parent corporationsincluding any allegation of debts, subsidiary corporationsobligations, affiliated corporationspromises, insurersguarantees, indemnitorsdamage awards, successors or for any equitable, legal and assigns thereofadministrative relief that have been, together with all could have been, or may be asserted in any court action, whether federal or state, or otherwise, or before any administrative body, tribunal, arbitrator or arbitration panel, regardless of whether known or unknown, foreseen or unforeseen, or fixed or contingent at the time of the present and former directorsClosing, officers, agents, attorneys, and employees of that any Seller may have against any of the foregoing, from any RFG Family Entities. The release contained herein is intended to be complete and all final and to cover not only claims, demands or causes of action of any kinddemands, nature or descriptionliabilities, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisedamages, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands actions and causes of action which are matured known, but also claims, demands, liabilities, damages, actions and causes of action which are unknown or unmatured or which the Seller does not suspect to exist in its favor which, if known or unknown. It is at the intention time of executing this Agreement, might have affected its actions, and therefore the Seller expressly waives the benefit of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause provisions of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Each Seller hereby waives and relinquishes all rights and benefits that each he or it has or may hereafter discover facts different from have had under Section 1542 of the California Civil Code or in addition to those now known or believed to be true with respect to such claimsthe law of any other state, demandscountry, or causes of action and agree jurisdiction to the same or similar effect to the full extent that this instrument shall be and remain effective in all respects notwithstanding any he may lawfully waive such differences or additional factsrights.

Release. Company As a material inducement to Buyer to enter into this Agreement, effective as of the Closing, each of Parent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoSeller agrees not to xxx, and any fully releases and all participantsdischarges Buyer, parent corporationsthe Company, subsidiary corporationsthe Subsidiaries and each of their respective Affiliates, affiliated corporationsrepresentatives, insurersdirectors, indemnitorsofficers, employees, successors and assigns thereof(collectively, together the "Releasees"), with all of the present respect to and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, rights, liens, Contracts, covenants, causes of action action, obligations, debts, and Losses of any kindwhatever kind or nature in law, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, whether now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, which such party now owns or holds or has at any time owned or held against the Releasees with respect to the operations of the Company and the Subsidiaries and in Seller's and Parent's capacity as direct and indirect equity holders of the Company; provided, however, that nothing in this Section 7.5 will be deemed to constitute a release by either Parent or Seller of (i) any claim, demand or cause of action for which the facts and circumstances giving rise thereto first arise following the Closing, (ii) any right that Parent or Seller may have to enforce its rights under this Agreement or any Seller Ancillary Agreement or Buyer Ancillary Agreement or (iii) any claim, demand or cause of action in connection with or arising out of the transactions contemplated by this Agreement or any Seller Ancillary Agreement or Buyer Ancillary Agreement. It is the intention of the Company each of Parent and Guarantor in executing this Seller that such release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in hereinabove specified, except with respect to the foregoing exceptions. In furtherance of this intention intention, each of Parent and Seller hereby expressly waives, effective as of the Company Closing, to extent permitted by Requirements of Law and Guarantor each waives subject to the exceptions set forth in this Section 7.5, any and relinquishes all rights and benefits under Section 1542 conferred upon such party by Requirements of the Civil Code Law, and expressly consents that this release will be given full force and effect according to each and all of the State of Californiaits express terms and provisions, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition including those related to those now known or believed to be true with respect to such unknown claims, demandsdemands and causes of action, or if any, and those relating to any other claims, demands and causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factshereinabove specified.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any In consideration of the foregoing, Buyer hereby releases Seller and its direct and indirect members, managers, partners, officers, directors, shareholders, trustors, trustees, beneficiaries, agents, affiliates, employees and successors and assigns from and against any and all complaints, claims, demands or charges, claims for relief, demands, suits, actions and causes of action of any kind, nature or descriptionaction, whether arising in law or equity in equity, which Buyer asserts or upon contract or tort could assert at common law or under any statute, rule, regulation, order or law, whether federal, state or federal law local, on any ground whatsoever, whether or otherwisenot known, which Company suspected, liquidated, contingent or Guarantor has hadmatured, now has or has made claim with respect to have against any such person for or by reason of any act, omissionevent, matter, cause claim, occurrence, damages or thing whatsoever injury (collectively, “Claims”), to the extent arising from out of or in connection with the beginning of time Property. Buyer agrees that there is a risk that subsequent to and including the date execution of this AmendmentAgreement, whether Buyer will suffer losses, damages or injuries which are unknown and unanticipated at the time this Agreement is signed. Buyer hereby assumes such claims, demands risk and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release agrees that the same shall be effective as a bar to each and every claimrelease contained in this Paragraph 11(b) SHALL APPLY TO ALL UNKNOWN OR UNANTICIPATED CLAIMS, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaAS WELL AS THOSE KNOWN AND ANTICIPATED, which providesAND BUYER DOES HEREBY WAIVE ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SEC. 1542, WHICH SECTION HAS BEEN DULY EXPLAINED AND READS AS FOLLOWS: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” ____________ Buyer’s Initials The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed foregoing release shall be effective as of the Effective Date and shall be deemed to be true remade and reaffirmed as of the Contingency Date and as of the Close of Escrow. Notwithstanding anything stated to the contrary in this Agreement, the foregoing release shall not extend to (and shall expressly exclude) claims arising from (i) Seller’s intentional fraud, (ii) Seller’s breach of its express representations, warranties, covenants and obligations (including indemnity obligations) under this Agreement and the documents executed by Seller upon the Close of Escrow or (iii) any third party breach of contract claims (with respect to such claimscontracts to which Seller is a party, demandsbut only to the extent of any obligations and liabilities thereunder that were not expressly assumed by Buyer) or third party tort claims brought against Buyer for personal injury, wrongful death or personal property damage, in each case arising out of events occurring during Seller’s ownership of the Property (provided that, in no event will Seller be required to repair or remediate, or causes pay for the repair or remediation of, physical or environmental conditions on the Property after Close of action and agree that Escrow). The provisions of this instrument Paragraph 11 shall be and remain effective in all respects notwithstanding any such differences or additional factssurvive the Close of Escrow.

Release. Company You release us and our Affiliates and Service Providers and the Guarantor signing the Acknowledgment employees and Agreement contractors of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present and former directors, officers, agents, attorneys, and employees of any of the foregoingthese, from any and all claims, demands demands, and damages (actual and consequential) of every kind and nature arising out of or causes in any way connected with any dispute that may arise between you or one or more other users of action Online Banking or the Service. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him, must have materially affected his settlement with the debtor. Waiver: We have the right to waive the enforcement of any kind, nature term or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim condition of this Agreement. We will not be deemed to have against waived any of our rights or remedies under this Agreement unless such person for waiver is in writing and signed by us. No delay or by reason omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any act, omission, matter, cause other rights or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownremedies. It is the intention of the Company and Guarantor in executing this release that the same shall A waiver on any one occasion will not be effective construed as a bar to each or waiver of any rights or remedies on future occasions. No such waiver will modify the terms and every claim, demand and cause of action specified and in furtherance conditions of this intention Agreement. Exclusions of Warranties: ONLINE BANKING AND THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR ONLINE BANKING MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Limitation of Liability: THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN THE DISPUTES AND ARBITRATION SECTIONS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD-PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500.00 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Complete Agreement: You agree that this Agreement is the Company complete and Guarantor each waives and relinquishes all rights and benefits under Section 1542 exclusive statement of the Civil Code of agreement between us, sets forth the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true entire understanding between us and you with respect to such claimsthe Service and the portion of Online Banking through which the Service is offered, demandsand supersedes any proposal or prior agreement, oral or causes written, and any other communications between us. If there is a conflict between the terms of action this Agreement and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences something stated by an employee or additional factscontractor of ours (including, but not limited to, its customer care personnel), the terms of the Agreement will prevail.

Release. Company From and after the Effective Time, the Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A) Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or by reason Claims arising under this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless the Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, the Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions 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, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, the Stockholder expressly waives any rights with respect to any of the Released Claims, which the Stockholder may have. In connection with such waivers, the Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company Stockholder through this release, fully, finally and Guarantor in executing this forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by the Stockholder.

Release. Company Except for any breach by Seller of any its covenants, representations or warranties contained herein (which shall be subject to the provisions of Section 11.6 below) or in any document executed and delivered by Seller at Closing, Buyer, for itself and its successors and assigns, as of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Closing, releases and forever discharge Xxxxx Fargodischarges Seller and its successors and assigns from, and waives any right to proceed against Seller and its successors or assigns for, any and all participantscost, parent corporationsexpense, subsidiary corporationsclaim, affiliated corporations, insurers, indemnitors, successors liabilities and assigns thereof, together with all of the present and former directors, officers, agents, demands (including reasonable attorneys, and employees of any of the foregoing, from any and all claims, demands ’ fees) at law or causes of action of any kind, nature or descriptionin equity, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, arising out of the physical, environmental, economic, legal or other condition of the Property, including, without limitation, any claims for contribution pursuant to any environmental law (collectively, “Claims”), which Buyer or Buyer’s successors or assigns has or may have in the future. It is the intention of the Company and Guarantor in executing this release parties that the same foregoing release shall be effective as a bar of the Closing with respect to each all matters, past and every claimpresent, demand known and cause unknown, suspected and unsuspected. Buyer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to losses, damages, liabilities, costs and expenses which are presently unknown, unanticipated and unsuspected, and Buyer further agrees that as of action specified the Closing the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release, discharge and acquit Seller from any such unknown losses, damages, liabilities, costs and expenses. In furtherance of this intention intention, the Company Buyer hereby expressly waives as of the Closing any and Guarantor each waives and relinquishes all rights and benefits under Section 1542 conferred upon it by the provisions of the Civil Code any statute or principal of the State of California, law which providesprovides substantially as follows: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Buyer hereby specifically acknowledges that each may hereafter discover facts different from or in addition Buyer has carefully reviewed this Section, and has had ample opportunity to those now known or believed discuss its import with legal counsel, is fully aware of its consequences, and that the provisions of this Section are a material part of the consideration inducing Seller to be true with respect to such claims, demands, or causes of action and agree that enter into this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.Agreement. Buyer’s Initials: DD

Release. Company In accordance with the terms of this Agreement, Class Members who elect to join and participate in this Settlement (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely “Releasing Parties”) shall be deemed to have irrevocably and unconditionally released and discharged the Released Parties with respect to the Released Claims when the Approval becomes final and no longer appealable. This release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time is intended to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a release of and bar to each and every claimall Released Claims, demand and cause of action specified and in furtherance including claims that the Releasing Parties know about or suspect, as well as those that the Releasing Parties do not know about or do not suspect. The Releasing Parties shall be deemed to understand the significance of this intention the Company release of unknown and Guarantor each waives unsuspected claims and relinquishes their waiver of statutory protection against a release of unknown and/or unsuspected claims. The Releasing Parties expressly waive all rights and benefits under afforded by any statute which limits the effect of a release with respect to unknown or unsuspected claims. Further, to the extent it is otherwise applicable, the Releasing Parties in California expressly waive the protection of Section 1542 of the Civil Code of the State of California, California which providesstates as follows: “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 RELEASEgeneral 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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” Further, to the extent it is otherwise applicable, with respect to the Released Claims, the Releasing Parties shall be deemed to acknowledge and agree that California Labor Code Section 206.5 is not applicable to the settlement of the Released Claims. That section provides in pertinent part as follows: “No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of such wage has been made.” The parties acknowledge Releasing Parties shall be deemed to acknowledge, agree, represent and warrant to the Released Parties, and each of them, that each may hereafter discover facts different from or in addition at all times relevant to those now known or believed to be true their employment with any of the Released Parties, there is and has at all times been a genuine, reasonable and good faith dispute between the Releasing Parties and the Released Parties with respect to such claimswhether the Releasing Parties have been fully and properly paid all monies owed relating to their employment with Released Parties and received all required breaks in accordance with federal, demandsstate and local laws through and including the later of (a) the date of Approval or (b) the date of electing to join and participate in this Settlement. Upon payment of the LWDA PAGA Settlement Amount to the LWDA, all PAGA Employees shall be deemed to have irrevocably and unconditionally released and discharged the Released Parties with respect to any claim for civil penalties, attorneys’ fees, or causes of action any other remedy or right pursuant to PAGA with respect to the Released Claims when the Approval becomes final and agree that this instrument no longer appealable. This release is intended to and shall be effective as a release of and remain effective in bar to all respects notwithstanding any such differences PAGA penalties (and other rights and remedies) arising out of or additional factsrelated to the Released Claims, including claims that the Releasing Parties know about or suspect, as well as those that the Releasing Parties do not know about or do not suspect.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below I, Xxxxxxxxxxx Xxxxx, do hereby absolutely and unconditionally release and forever discharge Xxxxx FargoHealthier Choices Management Corp. and each of its parent companies, and any and all participantssubsidiaries, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present respective direct and former directors, officers, agents, attorneys, and employees indirect equity owners of any of the foregoing, each of the respective Affiliates of any of the foregoing, and each of the respective officers, directors, members, managers, partners, equity owners, employees, representatives and agents of any of the foregoing (collectively, the “Employer Affiliates”, and each an “Employer Affiliate”) from any and all claims, demands or causes of action of any kind, nature or descriptionliabilities whatsoever, whether arising in law known or equity unknown or upon contract or tort or under any state or federal law or otherwisesuspected to exist by me, which Company I ever had or Guarantor has had, may now has or has made claim to have against any such person for or by reason of any actEmployer Affiliate, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentEffective Date (as defined below), whether such including, without limitation, any claims, demands or liabilities in connection with my employment, including wrongful termination, constructive discharge, breach of express or implied contract, unpaid wages, benefits, attorneys’ fees or pursuant to any federal, state, or local employment laws, regulations, or executive orders prohibiting inter alia, age, race, color, sex, national origin, religion, handicap, veteran status, and causes disability discrimination, including, without limitation, the Age Discrimination in Employment Act, Title VII of action are matured the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, and any similar state statute or unmatured any state statute relating to employee benefits or known pensions but specifically excluding claims, demands or unknown. It is the intention liabilities related to my ownership of equity in Holdings or for indemnification in connection with my service as a director or officer of the Company and Guarantor in executing this release or any of its Affiliates. I fully understand that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts believed by me to be true, I expressly accept and assume the risk of such claims, demands, or causes of action possible difference in fact and agree that this instrument the release set forth herein shall be and remain effective notwithstanding such difference in all respects notwithstanding fact. I acknowledge and agree that no consideration other than as provided for by the Amended and Restated Employment Agreement has been or will be paid or furnished by any such differences or additional factsEmployer Affiliate.

Release. Pledgor hereby releases the LLC and the Company and the Guarantor signing the Acknowledgment their respective managers, officers, directors and Agreement of Guarantor set forth below hereby absolutely employees from any claim by Pledgor or any person claiming through Pledgor, whether sounding in tort, contract or otherwise, for any and unconditionally release all losses, liabilities, claims, damages and forever discharge Xxxxx Fargoexpenses whatsoever (including but not limited to income tax liabilities, attorneys’ fees and any and all expenses whatsoever incurred in investigating, preparing or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all participantsamounts paid in settlement of any claim or litigation), parent corporationsto which Pledgor may become subject, subsidiary corporationsinsofar as such losses, affiliated corporationsliabilities, insurersclaims, indemnitorsdamages or expenses (or actions in respect thereof) arise out of or are based upon any Released Claim, successors as defined in the following sentence. As used herein, “Released Claim” means any claim based on any act or omission to act by the LLC and assigns thereofthe Company undertaken at the request or demand of Lender to the LLC and/or the Company in connection with this Agreement, together with all the Pledge or the Pledged Collateral, except for those acts or omissions arising from the gross negligence or willful misconduct of the present and former directors, officers, agents, attorneysCompany or the LLC. Pledgor specifically acknowledges the risk that Lender may request a redemption of the Pledged Units, and employees that compliance by the LLC and the Company with such request may result in Pledgor incurring significant income tax liabilities, and that claims by Pledgor on account of any such action by the LLC and/or the Company and resulting tax liabilities of Pledgor are explicitly included within the definition of Released Claims (to the extent that such action by the LLC and/or the Company fall within the definition of Released Claims). Pledgor acknowledges that the Released Claims will arise, if at all, only in the future, and thus by their nature will include claims, rights, demands, causes of action, liabilities or suits that are not known or suspected to exist as of the date of this Agreement. Without limiting the generality of the foregoing, from but limited to only the Released Claims, Pledgor waives the rights afforded by any and all claims, demands applicable law which may provide that a general release does not extend to claims which the creditor does not know or causes suspect to exist in his favor at the time of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseexecuting the release, which Company or Guarantor has had, now has or has made claim to if known by him must have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from materially affected his settlement with the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORdebtor.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company (a) Holdings and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below each other Loan Party hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges the Administrative Agent and the Lenders, and any and all of their respective participants, members, related funds, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoingforegoing (each a “Released Party”), from any and all claims, demands suits, investigations, proceedings, demands, obligations, liabilities, damages, losses, costs, expenses, or causes of action of any kind, nature or description, whether arising based in law law, equity, contract, tort, implied or equity express warranty, strict liability, criminal or upon contract or tort civil statute, common law, or under any state or federal law or otherwise, of any kind or character, known or unknown, past or present, liquidated or unliquidated, suspected or unsuspected, matured or unmatured, known or unknown, in each case, which Company Holdings or Guarantor such other Loan Party has had, now has has, or has made claim to have against any such person Released Party for or by reason of any act, omission, matter, cause or thing whatsoever arising from which relates, directly or indirectly to the beginning Credit Agreement or any other Loan Document, provided, however, that the foregoing shall not effect or otherwise constitute a release of time to and including any duties or obligations set forth in this Waiver, the date of this Amendment, whether such claims, demands and causes of action are matured Credit Agreement or unmatured or known or unknownthe other Loan Documents. It is the intention of the Company Holdings and Guarantor each other Loan Party in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Holdings and each other Loan Party acknowledges that each it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Holdings and each other Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release.

Release. Company and Upon the Guarantor signing satisfaction of the Acknowledgment and Agreement obligations of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe Guarantors hereunder, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all when none of the present Guarantors is subject to any obligation hereunder or under the Credit Agreement or any of the other Loan Documents, Agent shall deliver to the Guarantors, upon written request therefor, (i) a written release of this Guaranty and former directors(ii) appropriate discharges of any Collateral provided by the Guarantors for this Guaranty; provided however that, officersthe effectiveness of this Guaranty shall continue or be reinstated, agentsas the case may be, attorneysin the event: (x) that any payment received or credit given by Agent or the Lenders, or any of them, is returned, disgorged, rescinded or required to be recontributed to any party as an avoidable preference, impermissible setoff, fraudulent conveyance, restoration of capital or otherwise under any applicable state, federal or national law of any jurisdiction, including laws pertaining to bankruptcy or insolvency, and employees this Guaranty shall thereafter be enforceable against the Guarantors as if such returned, disgorged, recontributed or rescinded payment or credit has not been received or given by Agent or the Lenders, and whether or not Agent or any Lender relied upon such payment or credit or changed its position as a consequence thereof or (y) that any liability is imposed, or sought to be imposed against Agent or the Lenders, or any of them, relating to the environmental condition of any of property mortgaged or pledged to Agent on behalf of the foregoingLenders by any Guarantor, from Noble, or any and all claimsother party as collateral (in whole or part) for any indebtedness or obligation evidenced or secured by this Guaranty, demands whether such condition is known or causes of action unknown, now exists or subsequently arises (excluding only conditions which arise after acquisition by Agent or any Lender of any kindsuch property, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law lieu of foreclosure or otherwise, due to the wrongful act or omission of Agent or such Lenders) in which Company event this Guaranty shall thereafter be enforceable against the Guarantors to the extent of all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Agent or Guarantor has had, now has Lenders as the direct or has made claim to have against indirect result of any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date environmental condition. For purposes of this AmendmentGuaranty “environmental condition” shall include, whether such claimswithout limitation, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true conditions existing with respect to such claimsthe surface or ground water, demandsdrinking water supply, land surface or causes of action subsurface strata and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe ambient air.

Release. Company In consideration of the agreements of Administrative Agent and Pass Creek contained herein and for other good and valuable consideration, the Guarantor signing receipt and sufficiency of which is hereby acknowledged, each Borrower and Parent (collectively, the Acknowledgment “Loan Parties”) hereby unconditionally and Agreement of Guarantor set forth below hereby absolutely irrevocably remises, acquits, and unconditionally release fully and forever discharge Xxxxx Fargo, releases and any discharges Administrative Agent and Pass Creek and all participantsrespective affiliates and subsidiaries of Administrative Agent and Pass Creek, parent corporationstheir respective officers, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersemployees, agents, attorneys, principals, advisors, directors and employees of any of shareholders, and their respective heirs, legal representatives, successors and assigns (collectively, the foregoing, “Released Lender Parties”) from any and all claims, demands or demands, causes of action action, obligations, remedies, suits, damages and liabilities (collectively, the “Loan Party Claims”) arising out of any kindor related to the Credit Agreement, nature the other Loan Documents, or descriptionthe transactions contemplated therein, whether now known, suspected or claimed, whether arising under common law, in law or equity or upon contract or tort or under any state or federal law or otherwisestatute, which Company any Loan Party ever had or Guarantor has had, now has against the Released Lender Parties which may have arisen at any time on or has made claim prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment. Each Loan Party covenants and agrees never to commence, whether such claimsvoluntarily aid in any way, demands and causes of action are matured prosecute or unmatured cause to be commenced or known or unknown. It is the intention prosecuted against any of the Company Released Lender Parties any action or other proceeding based upon any of the Loan Party Claims which may have arisen at any time on or prior to the date of this Amendment. Each Loan Party acknowledges and Guarantor in executing this release agrees that the same Released Lender Parties have acted in good faith in negotiating and entering into this Amendment and that the provisions hereof are not in breach or violation of any duty or obligation, express or implied, of the Released Lender Parties to any such Loan Party. The agreements of each Loan Party set forth in this Section 15 shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance survive the termination or expiration of this intention Amendment and the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 termination of the Civil Code Loan Documents and the repayment, satisfaction or discharge of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORObligations.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Licensor acknowledges and agrees that the Guarantor signing Fee (defined in Section 5.1) made hereunder by Licensee constitutes full, complete and final settlement of any and all current and/or future patent infringement claims by or on behalf of Licensor against Licensee based on the Acknowledgment manufacture, use, sale, offer for sale and Agreement import of Guarantor set forth below hereby absolutely Licensed Products and unconditionally release Permitted Products at any time prior to the Effective Date. Licensor, itself and forever discharge Xxxxx Fargoon behalf of its Affiliates, and their respective owners, officers, directors, agents, employees, successors and assigns, and any and all participantsrelated, parent corporations, affiliated or subsidiary corporations, entities or businesses, hereby irrevocably and absolutely releases, acquits, and forever discharges Licensee, and any related, affiliated or subsidiary corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoingentities or businesses, from any and all claims, demands or demands, damages, debts, liabilities, actions, causes of action of any kindaction, nature or descriptionsuits, contracts, controversies, agreements, accounts, reckonings, obligations and judgments, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company they, or Guarantor has any of them, may have, or their successors or assigns had, owned or held, or now has have, own or has made claim to have against hold, or hereafter may have, own or hold which arise out of the Permitted Products falling within any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from patent claims within the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownPatent Rights and/or Additional Patent Rights. It is the intention of the Company and Guarantor in executing Parties that, with respect to payment by Licensee of the Fee, this release that the same Agreement shall be effective as a bar to each full and every claim, demand final accord and cause satisfactory release of action specified and in the foregoing patent infringement matters. In furtherance of this intention the Company intention, Licensor and Guarantor each waives its Affiliates waive any and relinquishes all rights under California Civil Code Section 1542, which reads as follows: “A general release does not extend to claims which the creditor does not know of 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.” Licensor, itself and benefits under Section 1542 on behalf of its Affiliates, acknowledges having read all of this release, including the above Civil Code Section, and fully understands both the release and the Civil Code Section. In connection with such waiver and release, Licensor, itself and on behalf of the State of Californiaits Affiliates, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge acknowledges and affirms that each it is aware that it or its attorneys or accountants may hereafter discover facts different from or in addition to or different from those which it now known knows or believed believes to be true exist with respect to such the subject matter of this release, but that it is its intention hereby fully, finally and forever to settle and release all of the claims, demandsdisputes and differences, known or causes unknown, suspected or unsuspected, which now exist or may exist, and/or which any of action them may hold, acquire or become vested with against another party on account of the above described matter or payment by Licensee of the Fee. This release is, shall be, and agree that this instrument shall be remain in effect as a full and remain effective in all respects complete release related to such matters notwithstanding the discovery or existence of any such differences additional or additional different facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all Effective as of the present Closing, the Merger Consideration Recipient hereby irrevocably waives and releases all known and unknown claims it may have, in such Merger Consideration Recipient's capacity as a shareholder of the Company, against the Company, the Surviving Company, Purchaser, or Acquisition Sub, or any present, future and former directors, officers, agents, attorneys, affiliates and employees of any of the foregoingCompany, the Surviving Company, Purchaser or Acquisition Sub, from any and all actions, claims, demands or causes of action or liabilities of any kindnature, nature or description, whether arising in law or equity equity, known or upon contract unknown, and whether or tort or under any state or federal law or otherwisenot heretofore asserted, which Company or Guarantor has such Merger Consideration Recipient ever had, now has or has made claim to hereafter can, shall or may have against any such person for of the foregoing entities or persons for, upon or by reason of any act, omission, matter, cause or thing whatsoever arising relating to the Merger Consideration Recipient's status as a shareholder of the Company, provided that this release shall not be deemed to limit or release any party from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention provisions of the Company and Guarantor Merger Agreement or the Escrow Agreement or the provisions of any of the agreements referred to at A.23, A.24 or A.28 through 35, inclusive, in executing this Schedule 1.2 of the Disclosure Schedules of the Merger Agreement. The release that set forth in the same foregoing sentence shall be effective as a bar to each binding upon all beneficiaries, heirs, executors, administrators, trustees in bankruptcy, legatees, distributes, successors, assigns and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 legal representatives of the Civil Code Merger Consideration Recipient, and shall not be affected by, and shall survive the death, incapacity, dissolution, bankruptcy, liquidation or reorganization of the State of CaliforniaMerger Consideration Recipient. SO LONG AS THERE IS AT LEAST ONE DEFERRED EXCHANGE AGENT, which provides: “A GENERAL RELEASE DOES NOT EXTEND THE MERGER CONSIDERATION RECIPIENT ACKNOWLEDGES THAT THE PURCHASER AND THE SURVIVING COMPANY SHALL HAVE NO OBLIGATION TO DEAL WITH ANY INDIVIDUAL MERGER CONSIDERATION RECIPIENT REGARDING ANY ISSUE ARISING UNDER THE ESCROW AGREEMENT OR THE MERGER AGREEMENT. SO LONG AS THERE IS AT LEAST ONE DEFERRED EXCHANGE AGENT, THE MERGER CONSIDERATION RECIPIENT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIMS WHICH OR CAUSES OF ACTION UNDER THE CREDITOR DOES NOT KNOW MERGER AGREEMENT OR SUSPECT THE ESCROW AGREEMENT. GOVERNING LAW; CONSENT TO EXIST JURISDICTION. THE MERGER CONSIDERATION RECIPIENT AGREES THAT THE LETTER OF TRANSMITTAL AND THE AGREEMENTS SET FORTH HEREIN SHALL BE GOVERNED BY, CONSTRUED, INTERPRETED, AND THE RIGHTS OF THE PARTIES ENFORCED IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT ACCORDANCE WITH THE DEBTORINTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. THE MERGER CONSIDERATION RECIPIENT (A) CONSENTS TO SUBMIT HIMSELF OR 8 72 HERSELF TO THE PERSONAL JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA IN THE EVENT ANY DISPUTE ARISES UNDER THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY, (B) AGREES THAT HE OR SHE WILL NOT ATTEMPT TO DENY OR DEFEAT SUCH PERSONAL JURISDICTION OR VENUE BY MOTION OR OTHER REQUEST FOR LEAVE FROM SUCH COURT, AND (C) AGREES THAT HE OR SHE WILL NOT BRING ANY ACTION RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY COURT OTHER THAN A STATE OR FEDERAL COURT SITTING IN THE COMMONWEALTH OF PENNSYLVANIA.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. (a) Buyer agrees that, effective as of the Closing Date, the Company shall be deemed to have released and the Guarantor signing the Acknowledgment discharged each Member and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, such Member’s successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, liabilities, damages, debts, obligations, assessments, liens, penalties, costs, fees and causes of action of any kind, nature or descriptionaction, whether known or unknown, liquidated or contingent, relating to, arising out of or in law or equity or upon contract or tort or under any state or federal law or otherwise, which way connected with the dealings of the Company or Guarantor has had, now has or has made claim to have against any and such person for or by reason of any act, omission, matter, cause or thing whatsoever arising Person from the beginning of time through the Closing Date, it being understood, however, that such release shall not operate to and including the date release such Person from any indemnity obligations, if any, under Article 8 or any other obligations of such Person pursuant to this Amendment, whether such claims, demands and causes of action are matured Agreement or unmatured or known or unknownany Transaction Document. It is the intention of the Company and Guarantor in executing this release Buyer acknowledges that the same shall be effective as a bar to each and every claim, demand and cause Laws of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under many states (including Section 1542 of the California Civil Code of Code) provide substantially the State of California, which providesfollowing: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge Buyer acknowledges that each such provisions are designed to protect a party from waiving claims which it does not know exist or may hereafter discover facts different from exist. Nonetheless, Buyer agrees that, effective as of the Closing Date, the Company and Buyer shall be deemed to waive any such provision. Buyer further agrees that neither Buyer nor the Company shall, nor permit any Affiliate thereof to, (a) institute a lawsuit or in addition other legal proceeding based upon, arising out of, or relating to those now known or believed to be true with respect to such any of the released claims, demands(b) participate, assist, or causes of action and agree that this instrument shall be and remain effective cooperate in all respects notwithstanding any such differences proceeding or additional facts(c) encourage, assist and/or solicit any third party to institute any such proceeding.

Release. Company Each signatory to this Amendment, on behalf of itself and its Affiliates and their respective successors and assigns, hereby (i) agrees that the Guarantor signing payment by the Acknowledgment and Agreement Corporation of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and the TRA Payment is in full satisfaction of any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all payment obligations of the present and former directorsCorporation or Switch, officers, agents, attorneysLtd. under the TRA, and employees of releases the Corporation and Switch, Ltd. from any other obligation to make payments pursuant to the TRA and (ii) irrevocably waives, acquits, remises, discharges and forever releases each of the foregoingCorporation, Switch, Ltd. and each of their respective Affiliates (collectively, the “Corporation Released Parties”) from and against any and all claims, demands or causes of action liabilities and obligations of any kind, kind or nature whatsoever arising with respect to the TRA or descriptionthis Amendment, whether absolute or contingent, liquidated or unliquidated, known or unknown, matured or unmatured or determined or determinable, and whether arising in under any applicable law, contract, agreement, arrangement, commitment, undertaking or understanding, whether written or oral or otherwise at law or equity in equity, and each signatory hereto, on behalf of itself and its Affiliates and their respective successors and assigns, further covenants that it shall not institute or upon contract participate in any administrative proceeding, suit or tort or under any state or federal action, at law or otherwisein equity, which Company or Guarantor has had, now has or has made claim to have against any such person for or Corporation Released Party by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of claim released in this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownSection 4. It is the intention of the Company understood and Guarantor in executing this release agreed that the same shall be effective Corporation Released Parties may plead and invoke the releases provided in this Amendment as a bar defense to each any claims released in this Section 4 brought by a signatory hereto. Each signatory hereto, on behalf of itself and every claimits Affiliates and their respective successors and assigns, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each expressly waives and relinquishes releases any and all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any similar law), which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company The Stockholder (who for purposes of this Section 5.3.4 shall be referred to as a “Releasor” on behalf of Releasor and the Guarantor signing the Acknowledgment Releasor’s successors, heirs, and Agreement of Guarantor set forth below assigns, hereby absolutely and unconditionally release fully and forever discharge Xxxxx Fargoreleases and discharges RBIS, Ltd. and SYS and their respective successors, heirs, and any assigns, and all participantstheir respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysrepresentatives, employees and employees of any of the foregoing, attorneys from any and all claims, demands or demands, actions, agreements, suits, causes of action action, obligations, controversies, debts, costs, attorneys’ fees, expenses, damages, judgments, orders and liabilities of any kindwhatever kind or nature in law, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company past, present or Guarantor has hadfuture, now has known or has made claim to have against any such person for unknown, suspected or by reason of any actunsuspected, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date through execution of this AmendmentAgreement, whether excepting only any claims arising out of this Agreement and enforcement thereof (collectively, the “Claims”). The Releasor acknowledges that there is a possibility that subsequent to the execution of this Agreement, he will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by the Releasor at that time may have materially affected the Releasor’s decision to execute this Agreement. The Releasor acknowledges and agrees that by reason of this Section 5.3.4, he is assuming any risk of such unknown facts and such unknown and unsuspected claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention The Releasor has been advised of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause existence of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of California(“Section 1542”), which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, this Section 5.3.4 shall constitute a full release in accordance with its terms. Each Releasor hereby knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Each Stockholder (who for purposes of this Section 5.3.4 shall be referred to as a “Releasor” on behalf of Releasor and the Guarantor signing the Acknowledgment Releasor’s successors, heirs, and Agreement of Guarantor set forth below assigns, hereby absolutely and unconditionally release fully and forever discharge Xxxxx Fargoreleases and discharges Logic and SYS and their respective successors, heirs, and any assigns, and all participantstheir respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysrepresentatives, employees and employees of any of the foregoing, attorneys from any and all claims, demands or demands, actions, agreements, suits, causes of action action, obligations, controversies, debts, costs, attorneys’ fees, expenses, damages, judgments, orders and liabilities of any kindwhatever kind or nature in law, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company past, present or Guarantor has hadfuture, now has known or has made claim to have against any such person for unknown, suspected or by reason of any actunsuspected, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date through execution of this AmendmentAgreement, whether excepting only any claims arising out of this Agreement and enforcement thereof (collectively, the “Claims”). Each Releasor acknowledges that there is a possibility that subsequent to the execution of this Agreement, he or she will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by such Releasor at that time may have materially affected such Releasor’s decision to execute this Agreement. Each Releasor acknowledges and agrees that by reason of this Section 5.3.4, he or she is assuming any risk of such unknown facts and such unknown and unsuspected claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention Each Releasor has been advised of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause existence of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of California(“Section 1542”), which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, this Section 5.3.4 shall constitute a full release in accordance with its terms. Each Releasor hereby knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company As a material inducement to Buyer to enter into this Agreement, Founder and the Guarantor signing the Acknowledgment Seller, on his or its own behalf and Agreement on behalf of Guarantor set forth below hereby absolutely his or its Affiliates, agrees not to sxx and unconditionally release fully releases and forever discharge Xxxxx Fargo, discharges Buyer and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former its respective directors, officers, employees, members, managers, shareholders, agents, assigns and successors, past and present (collectively, the “Released Persons”), with respect to and from any and all Proceedings, demands, rights, liens, Contracts, covenants, Liabilities, debts, expenses (including reasonable attorneys’ fees) and Losses of whatever kind or nature in law, equity or otherwise, whether now known or unknown, and employees whether or not concealed or hidden; provided, that nothing in this Section 13.19 shall prohibit Seller or Founder from enforcing his or its rights under this Agreement; provided, further, that nothing in this Section 13.19 shall constitute a release by Founder of Founder’s right to receive any unpaid salary, expense reimbursement and/or other employment-related compensation accrued in the Ordinary Course of Business after the Closing pursuant to the Founder Employment Agreement. Without limiting the generality of the foregoing, from Founder and Seller hereby waive, release and agree not to make any and all claimsclaim or bring any contribution, demands cost recovery or causes of other action of any kindagainst Buyer, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownexcept as provided above. It is the intention of the Company Founder and Guarantor in executing this Seller that such release that the same shall be effective as a bar to each and every claim, demand and cause of action Proceeding hereinabove specified and in furtherance of this intention such intention, Seller and Founder, on his or its own behalf and on behalf of his or its Affiliates, hereby expressly waives, effective as of the Company Closing, any and Guarantor each waives and relinquishes all rights and benefits under Section 1542 conferred upon such Person by the provisions of applicable Law (except as provided above) and expressly agrees that this release will be given full force and effect according to each and all of its express terms and provisions, including those related to unknown and unsuspected demands and Proceedings, if any, as those relating to any other demands and Proceedings hereinabove specified, but only to the extent such provision is applicable to releases such as this. [The remainder of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORpage is intentionally left blank.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.]

Release. Company In consideration of and conditioned upon the Guarantor signing fulfillment of the Acknowledgment and Agreement terms of Guarantor this Agreement, each of the Parties, on its own behalf, and, except as set forth below herein, on behalf of each of its respective principals, founders, members, officers, directors, employees, agents, subsidiaries, successors, and assigns (“Releasors”) does hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe other Party and each of its respective principals, founders, officers, directors, employees, agents, subsidiaries, successors, and assigns (the “Released Parties”) from the claims, actions, causes of action, damages, losses, costs and expenses, asserted in the Action. Moreover, notwithstanding the foregoing, the releases set forth in this Section 2 do not include a release of any agreements, rights, or obligations created in this Agreement. In furtherance of the intention of the releases granted by the Parties under the Agreement, the Parties hereby expressly and mutually waive any and all participantsclaims conferred upon the Parties by the provisions of Section 1542 of the California Civil Code, parent corporationsor comparable provision of other state law, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with each Party expressly consents that the Agreement shall be given full force and effect according to each and all of the present its express terms and former directorsprovisions, officers, agents, attorneys, including those related to unknown and employees of any of the foregoing, from any and all unsuspected claims, demands or and causes of action of action, if any, as well as those relating to any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such other claims, demands and causes of action are matured or unmatured or known or unknownhereinabove specified. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “"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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” " The parties Parties acknowledge that each Party may hereafter discover claims or facts different from or in addition to or different from those which each Party now known knows or believed believes to be true exist with respect to such claimsthe subject matter of the Agreement and which, demandsif known or suspected at the time of executing the Agreement, or causes of action and agree that this instrument shall be and remain effective may have materially affected the settlement embodied in all respects notwithstanding any such differences or additional facts.the Agreement. Each Party

Release. Company and As of the Guarantor signing Effective Date, the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Releasing Persons are deemed to have fully released and forever discharge Xxxxx Fargodischarged the Released Persons of and from all Released Claims, in accordance with the terms of this Settlement Agreement, by operation of entry of the Final Order And Judgment. All Settlement Class Members shall be bound by this Settlement Agreement and all of their claims shall be dismissed with prejudice and released, irrespective of whether they received actual notice of the Litigation or this Settlement Agreement. Without in any way limiting the scope of the Release, this Release covers any and all participantsclaims for attorneys’ fees, parent corporationscosts, subsidiary corporationsor disbursements incurred by Settlement Class Counsel or any other counsel representing the Named Plaintiffs or Settlement Class Members, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of or any of them, in connection with or related in any manner to the foregoingLitigation, from the Settlement Agreement, the administration of such Settlement Agreement and/or the Released Claims as well as any and all claims, demands claims for any Incentive Award or causes any Attorneys’ Fees and Costs Award. The Releasing Persons and the Released Persons expressly acknowledge that they are familiar with principles of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A GENERAL RELEASE DOES NOT EXTEND DTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW KOW OR SUSPECT TO O EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED AFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties . California or other law notwithstanding, the Releasing Persons and the Released Persons hereby expressly agree that the provisions, rights, and benefits of Section 1542 and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction that may be applicable herein are hereby knowingly and voluntarily waived, released, and relinquished to the fullest extent permitted by law solely in connection with unknown claims that are the same as, substantially similar to, or overlap the Released Claims, and the Releasing Persons acknowledge that each this is an essential term of the Release. In connection with the Release, the Releasing Persons acknowledge that they are aware that they may hereafter discover claims presently unknown and unsuspected or facts different from or in addition to or different from those which they now known know or believed believe to be true with respect to the Released Claims, and that such QUESTIONS? CALL 1-XXX-XXX-XXXX TOLL-FREE OR VISIT XXX.XXXXXXX.XXX claims, demandsto the extent that they are the same as, substantially similar to, or causes overlap the Released Claims, are hereby released, relinquished, and discharged. Nothing in the Releases shall preclude any action to enforce the terms of action and agree that this instrument shall be and remain effective Settlement Agreement, including, without limitation, participation in all respects notwithstanding any such differences or additional factsof the processes detailed herein.

Release. Company Employee, individually and the Guarantor signing the Acknowledgment for Employee’s heirs, successors, administrators and Agreement of Guarantor set forth below assigns, hereby absolutely waives and unconditionally release and forever discharge Xxxxx Fargoreleases Employer, its Affiliates, and any and all participants, parent corporations, subsidiary corporations, affiliated corporationsof their respective shareholders, insurers, indemnitorssuccessors, successors assigns, and assigns thereofcurrent or former employees, together with all of the present and former directorsemployee benefit plans, agents, officers, agents, attorneys, directors, partners and employees all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties”) with respect to any and all known and unknown claims, damages, charges of discrimination, demands, losses, liabilities and causes of action, of any type that Employee may have against the Released Parties, which arose or occurred on or before the date Employee executes this Agreement. This general release of all claims by Employee against the Released Parties includes, but is not limited to, any claims in connection with or arising from Employee’s employment relationship with, or separation of employment from, Employer or any of its Affiliates, whether or not currently known to Employee or suspected to exist at the time of execution hereof, subject to Section 10 below. This general release excludes any claims or rights that cannot be waived by law. This Agreement is intended as a full settlement and compromise of each, every, and all claims of every kind and nature arising on or before the date this Agreement is executed by Employee, whether known or unknown, actual or contingent, asserted or unasserted, arising under common law, statutory law, or otherwise, and no claim of any sort is reserved, subject to Section 10 below. Other than the payments and benefits set forth in this Agreement, Employee has received all compensation due to Employee and there are no other sums or benefits payable to Employee by the Released Parties, whether for services provided to Employer or any of its Affiliates or otherwise. Without limitation of the foregoing general release, Employee expressly acknowledges that this release by Employee specifically includes, but is not limited to, a waiver and release by Employee of the Released Parties for all known or unknown claims arising on or before the date this Agreement is executed by Employee for any alleged violation by Employer or any of the foregoing, from any and all claims, demands or causes of action Released Parties of any kindfederal, nature state, or descriptionlocal statutes, whether arising ordinances, or common laws, including but not limited to the Age Discrimination in law or equity or upon contract or tort or under any state or federal law or otherwiseEmployment Act of 1967, which Company or Guarantor has hadthe Older Workers Benefit Protection Act of 1990, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Title VII of the Civil Code Rights Act of 1964, the Equal Pay Act of 1963, the Worker Adjustment and Retraining Notification Act, Sections 1981 and 1983 of the State Civil Rights Act of California1866, the Americans with Disabilities Act, the Family Medical Leave Act, the Employee Retirement Income Security Act, the Families First Coronavirus Relief Act, the wage and hour, wage payment and/or fair employment practices laws and statutes of Wisconsin and any other state or states in which provides: “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 RELEASEEmployee has provided services to Employer or any of its Affiliates, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now and for any known or believed to be true with respect to such claimsand unknown claims under any other federal, demandsWisconsin, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences other applicable state or additional factslocal statute, common law, acts, rules, ordinance, regulations, or other laws.

Release. Company Borrower represents and warrants that Borrower has no claims, counterclaims, defenses, or offsets with respect to the Guarantor signing enforcement by Lender against Borrower of the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Loan or the Loan Documents. Borrower further fully, finally and forever discharge Xxxxx Fargoreleases and discharges Lender and its respective successors, and any and all participantsassigns, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, employees, agents, attorneys, and employees of any of the foregoing, representatives from any and all actions, causes of action, claims, demands debts, demands, liabilities, obligations, and suits, of whatever kind or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now that it has or has made claim in the future may have, whether known or unknown, with respect to have against any the Loan and the Loan documents or the actions or omissions of Lender in respect thereof to the extent such person for claims, counterclaims, defenses or by reason of any act, omission, matter, cause or thing whatsoever arising offsets arose from the beginning of time events occurring prior to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release Borrower that the same above release shall be effective as a bar to full and final release of each and every claim, demand matter specifically and cause generally referred to in this paragraph. Borrower acknowledges and represents that it has been advised by independent legal counsel with respect to the agreements contained herein and with respect to the provisions of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides as follows: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER THE SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each Borrower, being aware of said code section, expressly waives any and all rights its may hereafter discover facts different from have thereunder, as well as under any other statute or in addition to those now known or believed to be true common law principle of similar effect, with respect to any of the matters released herein. The Amendment shall act as a release of all included claims, rights and causes of action, whether such claims are currently known, unknown, foreseen or unforeseen and regardless of any present lack of knowledge as to such claims. Borrower understands and acknowledges the significance and consequence of this waiver of California Civil Code Section 1542, demandsand hereby assumes full responsibility for any injuries, damages, losses or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsliabilities released herein.

Release. Company Assignee shall rely solely upon Assignee’s own knowledge of the Property based on its investigation of the Property and the Guarantor signing the Acknowledgment Seller’s express representations and Agreement of Guarantor warranties set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoin Section 14 of the Purchase Agreement, and any its own inspection of the Property in determining the Property’s physical condition. Except for a claim by Assignee against Seller for a breach of the Purchase Agreement by Seller, Assignee and all participantsanyone claiming by, parent corporationsthrough or under Assignee hereby waives its right to recover from and fully and irrevocably releases Seller, subsidiary corporationsits employees, affiliated corporationsofficers, insurersdirectors, indemnitorsrepresentatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, (“Released Parties”) from any and all claimsclaims that it may now have or hereafter acquire against any of the Released Parties for any costs, demands loss, liability, damage, expenses, demand, action or causes cause of action of arising from or related to any kindconstruction defects, nature errors, omissions or descriptionother conditions, whether arising in law or equity or upon contract or tort or under any state or federal law latent or otherwise, including environmental matters, affecting the Property, or any portion thereof. This release includes claims of which Company Assignee is presently unaware or Guarantor has hadwhich Assignee does not presently suspect to exist which, now has or has made claim if known by Assignee, would materially affect Assignee’s release to have against any such person for or by reason Seller. Assignee specifically waives the provision of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY TO HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge In this connection and to the extent permitted by law, Assignee hereby agrees, represents and warrants that each Assignee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter discover facts different from or in addition give rise to those now known or believed to be true with respect to such causes of action, claims, demands, or debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Assignee further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Assignee nevertheless hereby intends to release, discharge and acquit Seller from any such unknown causes of action action, claims, demands, debts, controversies, damages, costs, losses and agree that expenses which might in any way be included as a material portion of the consideration given to Seller by Assignee in exchange for Seller’s performance hereunder. Seller has given Assignee material concessions regarding this instrument shall be transaction in exchange for Assignee agreeing to the provisions of this Section 5. Assignee has initialed this Section 5 to further indicate its awareness and remain effective in all respects notwithstanding any such differences or additional factsacceptance of each and every provision hereof.

Release. (a) In further consideration of the compensation provided to Employee pursuant to Section 6 of the Employment Agreement dated February 8, 2017 between Employee and Radian (the “Employment Agreement”) , Employee hereby agrees, subject to and without waiving any rights identified in Paragraph 2, Permitted Conduct, of this Agreement, to the maximum extent permitted by law, to irrevocably and unconditionally RELEASE AND FOREVER DISCHARGE the Company and each of its and their past or present parents, subsidiaries and affiliates, their past or present officers, directors, stockholders, employees and agents, their respective successors and assigns, heirs, executors and administrators, the Guarantor signing pension and employee benefit plans of the Acknowledgment Company and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe Company’s past or present parents, subsidiaries or affiliates, and any and all participantsthe past or present trustees, parent corporationsadministrators, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and agents or employees of all such pension and employee benefit plans (hereinafter collectively included within the term the “Released Parties”), acting in any capacity whatsoever, of the foregoing, and from any and all claims, demands or manner of actions and causes of action of any kindactions, nature or descriptionsuits, whether arising debts, claims and demands whatsoever in law or equity in equity, whether known or upon contract or tort or under any state or federal law or otherwiseunknown, which Company Employee may have, or Guarantor has hadwhich Employee’s heirs, now has executors or has made claim to administrators may have against any such person for or the Released Parties, by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time Employee’s employment with the Company to and including the date of on which Employee executes this AmendmentAgreement, whether such claimsand particularly, demands and causes of action are matured or unmatured or known or unknown. It is the intention but without limitation of the Company and Guarantor foregoing general terms, any claims arising from or relating in executing this release that any way to Employee’s employment relationship and/or the same shall termination of Employee’s employment relationship with the Company, including but not limited to, any claims which have been asserted, could have been asserted, or could be effective as a bar to each and every claimasserted now or in the future, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits which includes any claim or right based upon or arising under Section 1542 any federal, state or local fair employment practices or equal opportunity laws, including, but not limited to, any claims under Title VII of the Civil Code Rights Act of 1964, the Family and Medical Leave Act of 1993, the Equal Pay Act, the Employee Retirement Income Security Act (“ERISA”) (including, but not limited to, claims for breach of fiduciary duty under ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefit Protection Act, Pennsylvania Human Relations Act, Pennsylvania Equal Pay Law, Pennsylvania Pregnancy Guidelines of the State of CaliforniaHuman Relations Commission, including all amendments thereto, and any other federal, state or local statutes or common law under which provides: “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 RELEASEEmployee can waive Employee’s rights, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORany contracts between the Released Parties and Employee, and all claims for counsel fees and costs.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Each Stockholder who accepts payment of his, her or its portion of the Stockholder Merger Consideration pursuant to Section 1.6 shall be deemed to have, and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and does, unconditionally release and forever discharge Xxxxx Fargothe Company, Parent, Merger Sub and any other subsidiary of Parent, including their respective officers, directors, employees, attorneys, agents and Affiliates from (a) any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors obligations or duties the Company might have to such Stockholder and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from (b) any and all claims, demands or causes claims of action of any kind, nature or descriptionliability, whether arising in law legal or equity or upon contract or tort or under any state or federal law or otherwiseequitable, of every kind and nature, which Company or Guarantor has such Stockholder ever had, now has or has made may claim against the Company in each case arising out of facts or circumstances occurring at any time on or prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendmenthereof; provided, whether however, that such release shall exclude (i) those claims, demands liabilities, obligations and causes duties of action are matured or unmatured or known or unknown. It is the intention Company, Parent and Merger Sub under this Agreement (ii) those claims, liabilities, obligations and duties of the Company and Guarantor in executing this release pursuant to any Related Agreement that is not terminated pursuant to the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance terms of this intention Agreement and (iii) to the extent applicable with respect to any Stockholder who is a director, officer or employee of the Company, (A) compensation not yet paid (including any amounts payable in connection with the consummation of the transactions contemplated by this Agreement), (B) reimbursement for expenses incurred by any such Stockholder in the ordinary course of his or her employment which are reimbursable under the Company’s expense reimbursement policies, (C) accrued vacation, subject to the Company’s policies on accrual and carryforward, and (D) any remaining obligations of the Company and Guarantor to indemnify any officer or director. For the purposes of this release, each Stockholder hereby expressly waives and relinquishes all rights and the benefits under of Section 1542 of the California Civil Code of the State of California, which providesreads as follows: “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, RELEASE WHICH IF KNOWN BY TO HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” . The parties acknowledge that each may hereafter discover facts different from or in addition terms and provisions of this release are specific terms of the Merger, and the approval and adoption of this Agreement and approval of the Merger by the Stockholders pursuant to those now known or believed the Stockholders’ Written Consent shall constitute approval by such Stockholders, as specific terms of the Merger, and the irrevocable agreement of such Stockholders to be true with respect to bound by such claims, demands, or causes of action terms and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprovisions.

Release. Company Buyer shall rely solely upon Buyer's own knowledge of the Property based on its investigation of the Property and its own inspection of the Guarantor signing Property in determining the Acknowledgment Property's physical condition. Buyer, for itself and Agreement of Guarantor set forth below anyone claiming by, through or under Buyer hereby absolutely waives its right to recover from and unconditionally release fully and forever discharge Xxxxx Fargoirrevocably releases Seller, and any and all participantsits employees, parent corporationsofficers, subsidiary corporationsdirectors, affiliated corporationsrepresentatives, insurersagents, indemnitorsservants, attorneys, affiliates, parent, subsidiaries, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysassigns, and employees of any of the foregoingall Persons, firms, corporations and organizations in its behalf ("Released Parties") from any and all claimsclaims that it may now have or hereafter acquire against any of the Released Parties for any costs, demands loss, liability, damage, expenses, demand, action or causes cause of action of arising from or related to any kindconstruction defects, nature errors, omissions or descriptionother conditions, whether arising in law known or equity or upon contract or tort or under any state or federal law unknown, latent or otherwise, including environmental matters, affecting the Property, or any portion thereof. Without limiting the foregoing, this release includes claims of which Company Buyer is presently unaware or Guarantor has hadwhich Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer's release to Seller. This release shall not extend to acts of fraud committed by the Released Parties. In this connection and to the extent permitted by law, Buyer hereby agrees, represents and warrants, which agreements, representations and warranties shall survive the Closing and not be merged with the Deed, that (i) Buyer realizes and acknowledges that factual matters now has unknown to it may have given or has made claim may hereafter give rise to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimaction, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and (ii) Buyer further agrees, represents and warrants, which representation and warranty shall survive the Closing Date and not be merged with the Deed, that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release, discharge and acquit Seller from any such unknown causes of action action, claims, demands, debts, controversies, damages, costs, losses and agree that expenses. Seller has given Buyer material concessions regarding this instrument transaction in exchange for Buyer agreeing to the provisions of this Section 26. The releases given in this Section 26 shall survive the Closing and shall not be and remain effective in all respects notwithstanding any such differences or additional factsmerged into the Deed.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoAs a material inducement to Buyer to enter into this Agreement, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all effective as of the present Closing, each Seller agrees not to bring any claim of any nature nor to commence any proceeding of any nature and former fully, unconditionally and irrevocably releases and discharges Parent LLC, the Parent, Buyer, the Target Companies and their respective directors, managers, officers, agentsassigns and successors, attorneyspast and present (collectively, the “Releasees”), with respect to and employees of any of the foregoing, from any and all claims, demands or demands, rights, Liens, contracts, covenants, proceedings, causes of action action, obligations, debts, and Losses of any kindwhatever kind or nature in law, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, whether now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, and whether or not concealed or hidden, all of which such Seller now owns or holds or has at any time owned or held against Releasees, including with respect to any and all payments pursuant to Section 1 of the 2014 Purchase Agreement; provided, however, that nothing in this Section 6.4 will be deemed to constitute a release by such Seller of any right to enforce its rights under this Agreement and the agreements entered into in connection herewith (including the Promissory Notes and the amended employment agreements between SFM and each Seller), the 2014 Purchase Agreement (other than payments due under Section 1 of the 2014 Purchase Agreement) and the agreements entered into in connection therewith (other than that certain letter agreement terminated pursuant to Section 1.4 hereof) or for any accrued compensation and/or employee benefits owed to such Seller in his capacity as an employee of any Target Company that remains unpaid as of the date hereof. It is the intention of the Company and Guarantor in executing this each Seller that such release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in hereinabove specified. In furtherance of this intention each Seller hereby expressly waives, effective as of the Company Closing, any and Guarantor each waives and relinquishes all rights and benefits under Section 1542 conferred upon him or her by the provisions of the Civil Code applicable Law and expressly consents that this release will be given full force and effect according to each and all of the State of Californiaits express terms and provisions, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition including those related to those now known or believed to be true with respect to such unknown and unsuspected claims, demandsdemands and causes of action, or if any, as those relating to any other claims, demands and causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any hereinabove specified, but only to the extent such differences or additional factssection is applicable to releases such as this.

Release. Company Each of the Borrowers and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below New Loan Parties hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company Borrowers or Guarantor has New Loan Parties have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrowers and Guarantor New Loan Parties in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company Borrowers and Guarantor New Loan Parties each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company For good and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below valuable consideration, Borrower hereby absolutely and unconditionally release and forever discharge Xxxxx Fargorelieves, releases, and any discharges Bank and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the its present and or former directorsemployees, officers, directors, agents, representatives, attorneys, and employees each of any of the foregoingthem, from any and all claims, demands or debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action action, of any every type, kind, nature nature, description or descriptioncharacter whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in law any manner whatsoever connected with or equity related to facts, circumstances, issues, controversies or upon contract claims existing or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to through and including the date of this Amendmentexecution hereof (collectively “Released Claims”). Without limiting the foregoing, whether such claimsthe Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Documents, demands and causes of action are matured any instruments, agreements or unmatured or known or unknown. It is the intention documents executed in connection with any of the Company foregoing or the origination, negotiation, administration, servicing or enforcement of any of the foregoing. Borrower expressly acknowledges and Guarantor in executing this release that the same shall be effective as a bar to each waives any and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which providesprovides that: “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 RELEASEgeneral 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, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORif known by him or her, would have materially affected his or her settlement with the debtor or released party.” The parties acknowledge By entering into this release, Borrower recognizes that each no facts or representations are ever absolutely certain and it may hereafter discover facts different from or in addition to or different from those now which it presently knows or believes to be true, but that it is the intention of Borrower hereby to fully, finally and forever settle and release all matters, disputes and differences, known or believed unknown, suspected or unsuspected; accordingly, if Borrower should subsequently discover that any fact that it relied upon in entering into this release was untrue, or that any understanding of the facts was incorrect, Borrower shall not be entitled to be true set aside this release by reason thereof, regardless of any claim of mistake of fact or law or any other circumstances whatsoever. Borrower acknowledges that it is not relying upon and has not relied upon any representation or statement made by Bank with respect to the facts underlying this release or with regard to any of such claimsparty’s rights or asserted rights. This release may be pleaded as a full and complete defense and/or as a cross-complaint or counterclaim against any action, demandssuit, or causes other proceeding that may be instituted, prosecuted or attempted in breach of action this release. Borrower acknowledges that the release contained herein constitutes a material inducement to Bank to enter into the Deferral Agreement, and agree that this instrument shall be Bank would not have done so but for Bank’s expectation that such release is valid and remain effective enforceable in all respects notwithstanding events. Borrower hereby represents and warrants to Bank, and Bank is relying thereon, that (a), except as expressly stated herein, neither Bank nor any agent, employee or representative of Bank has made any statement or representation to Borrower regarding any fact relied upon by Borrower in entering into the Deferral Agreement, (b) Borrower has made such differences investigation of the facts pertaining hereto and all of the matters appertaining thereto, as it deems necessary; (c) the terms hereof are contractual and not a mere recital; (d) the Deferral Agreement has been carefully read by Borrower, the contents hereof are known and understood by Borrower, and the Deferral Agreement is signed freely, and without duress, by Borrower and (e) Borrower represents and warrants that it is the sole and lawful owner of all right, title and interest in and to every claim and every other matter which it releases herein, and that it has not heretofore assigned or additional facts.transferred, or purported to assign or transfer, to any person, firm or entity any claims or other matters herein released. Borrower shall indemnify Bank, defend and hold it harmless from and against all claims based upon or arising in connection with prior assignments or purported assignments or transfers of any claims or matters released herein. Terms and Conditions Deferral Agreement

Release. (a) Subject to Section 8.1(b) below, each Seller, on behalf of such Seller, and such Seller’s Affiliates (other than the any member of the Company Group), Representatives, successors, heirs, assigns and all other Persons claiming by, through, for or under such Seller or on behalf of such Seller (such other persons collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below “Seller Related Parties”), hereby absolutely irrevocably and unconditionally release releases, settles, cancels, discharges and forever discharge Xxxxx Fargoacknowledges to be fully and finally satisfied, and any and all participantsClaims that such Seller or any of such Seller’s Seller Related Parties may have had or may now have or assert, parent corporationsas of the Closing, subsidiary corporationsagainst any member of the Company Group or any of its present or former officers, affiliated corporationsdirectors, insurersRepresentatives, indemnitorsAffiliates, predecessors, successors and assigns thereof(collectively, together with all of the present and former directors“Released Parties”), officers, agents, attorneys, and employees that are on account of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing matter whatsoever arising from prior to the beginning of time Closing or attributable to and including the date of this Amendment, such period (whether such claims, demands and causes of action Claims are matured or unmatured or known or unknown, knowable or unknowable, suspected or unsuspected) (all Claims released in this Section 8.1(a) are referred to as the “Released Seller Party Claims”). It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimTO THE FULLEST EXTENT PERMITTED BY LAW, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “EACH SELLER WAIVES THE BENEFIT OF ANY PROVISION OF LAW TO THE EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER THE RELEASING PARTY’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT THE RELEASING PARTY MAY HAVE MATERIALLY AFFECTED HIS OR HER ITS SETTLEMENT WITH THE DEBTOR.” The parties acknowledge RELEASED PARTY. Each Seller represents and warrants that each may hereafter discover facts different from such Seller has not sold, assigned, transferred, conveyed or in addition otherwise disposed of, to those now known any other person or believed to be true with respect to such entity, any of the claims, demandscauses of action, or causes of action and agree other matters that are released by this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsSection 8.1(a).

Release. Effective as of the Closing and without the requirement of taking any further action, each Seller hereby fully and forever remises, releases, acquits and discharges the Company (for the benefit of the Company and the Guarantor signing the Acknowledgment Buyer) of and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, agreements, contracts, covenants, promises, actions, compensation and benefits (including without limitation current and future severance compensation; but excluding any unpaid wages and salary compensation), suits, causes of action action, obligations, controversies, debts, costs, expenses, accounts, damages, judgments, losses and liabilities of any kindwhatever kind or nature, nature or description, whether arising in at law or in equity or upon contract or tort or under any state or federal law or otherwise, whether known or unknown, which against the Company he or Guarantor has it may have had, now has or has made claim to have against any such person can, shall or may now or in the future have, for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time the world to and including the date of this Amendmentthese presents, whether including without limitation all matters relating in any way to any future termination of employment with the Company; provided that the foregoing release shall in no way affect the rights of a Seller to seek indemnification from the Company pursuant to the Company's Articles of Incorporation and Bylaws for a claim against such claimsSeller with respect to which such Seller would be entitled to be so indemnified by the Company ("D&O Indemnity") (i) to the extent that such claim does not arise out of or relate to a matter for which the Company is entitled to indemnification from such Seller pursuant to Section 8 hereto, demands and causes or (ii) if such claim does arise out of action are matured or unmatured or known or unknown. It relate to a matter for which the Company is entitled to indemnification from such Seller pursuant to Section 8 hereto, then the intention amount of any D&O Indemnity obligation of the Company and Guarantor in executing this release that the same shall be effective as a bar limited to each and every (x) the amount by which the Deductible has not been exceeded by all Buyer Indemnified Party claims that would apply against the Deductible, plus (y) if but only after the Sellers have made payments under Section 8 equal to the Cap, any remaining amount of such D&O Indemnity claim, demand and cause of action specified and in furtherance of this intention . Any indemnification payments made by the Company and Guarantor each waives and relinquishes all rights and benefits to any Seller for a D&O Indemnity claim under Section 1542 clause (ii)(x) of the Civil Code preceding sentence shall thereafter be included for the purpose of determining whether the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDeductible has been reached.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the severance benefits offered to me by Ingevity Corporation (the "Company") under the Severance and Change of Control Agreement dated as of March 1, 2017 (the Guarantor signing "Agreement") and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Acknowledgment and Agreement of Guarantor set forth below "Releasors"), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, "Releasees") from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan; (ii) any claim for compensation and benefits to be provided to me under the Agreement; (ii) any claim for vested benefits or benefits that I am otherwise entitled to receive under any plan, nature policy, practice or descriptionprogram of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination; (iii) any claim related to my indemnification as an officer, whether arising director and employee of the Affiliated Companies under the Company's Certificate of Incorporation or By-Laws; or (iv) any rights or claims that may arise after the date on which I sign this release (the "Release"). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company Assignee shall rely solely upon Assignee’s own knowledge of the Property based on its investigation of the Property and the Guarantor signing the Acknowledgment Seller’s express representations and Agreement of Guarantor warranties set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoin Section 14 of the Purchase Agreement, and any its own inspection of the Property in determining the Property’s physical condition. Except for a claim by Assignee against Seller for a breach of the Purchase Agreement by Seller, Assignee and all participantsanyone claiming by, parent corporationsthrough or under Assignee hereby waives its right to recover from and fully and irrevocably releases Seller, subsidiary corporationsits employees, affiliated corporationsofficers, insurersdirectors, indemnitorsrepresentatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, (“Released Parties”) from any and all claimsclaims that it may now have or hereafter acquire against any of the Released Parties for any costs, demands loss, liability, damage, expenses, demand, action or causes cause of action of arising from or related to any kindconstruction defects, nature errors, omissions or descriptionother conditions, whether arising in law or equity or upon contract or tort or under any state or federal law latent or otherwise, including environmental matters, affecting the Property, or any portion thereof. This release includes claims of which Company Assignee is presently unaware or Guarantor has hadwhich Assignee does not presently suspect to exist which, now has or has made claim if known by Assignee, would materially affect Assignee’s release to have against any such person for or by reason Seller. Assignee specifically waives the provision of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY TO HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER THE SETTLEMENT WITH THE DEBTOR.” The parties acknowledge In this connection and to the extent permitted by law, Assignee hereby agrees, represents and warrants that each Assignee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter discover facts different from or in addition give rise to those now known or believed to be true with respect to such causes of action, claims, demands, or debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Assignee further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Assignee nevertheless hereby intends to release, discharge and acquit Seller from any such unknown causes of action action, claims, demands, debts, controversies, damages, costs, losses and agree that expenses which might in any way be included as a material portion of the consideration given to Seller by Assignee in exchange for Seller’s performance hereunder. Seller has given Assignee material concessions regarding this instrument shall be transaction in exchange for Assignee agreeing to the provisions of this Section 5. Assignee has initialed this Section 5 to further indicate its awareness and remain effective in all respects notwithstanding any such differences or additional facts.acceptance of each and every provision hereof. ASSIGNEE’S

Release. In consideration of the Required Holder(s) entering into this letter, each of the Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Guarantors hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges each Holder, and any and all participantseach of such Holder’s predecessors, parent corporationssuccessors, subsidiary corporationsassigns, affiliated corporationsofficers, insurersmanagers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersemployees, agents, attorneys, representatives, and employees of any affiliates (hereinafter all of the foregoingabove collectively referred to as the “Holder Group”), from any and all claims, demands or counterclaims, demands, damages, debts, suits, liabilities, actions and causes of action of any kindnature whatsoever, nature in each case to the extent arising in connection with the Note Agreement, the Notes, any Guaranty Agreement or descriptionany documents related thereto (collectively, the “Note Documents”) or any of the negotiations, activities, events or circumstances arising out of or related to the Note Documents through the date of this letter, whether arising in at law or equity in equity, whether known or upon contract unknown, whether liability be direct or tort indirect, liquidated or under any state unliquidated, whether absolute or federal law contingent, foreseen or otherwiseunforeseen, and whether or not heretofore asserted, which the Company or Guarantor has had, now has any of the Guarantors may have or has made claim to have against any such person for of the Holder Group; provided, that nothing herein will constitute a release or by reason discharge of any act, omission, matter, cause the agreements set forth herein or thing whatsoever arising of the effectiveness of the Note Documents from the beginning of time to and including after the date of this Amendmenthereof. Very Truly Yours, whether such claimsPRUDENTIAL INVESTMENT MANAGEMENT, demands INC. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: XXXXXXX XXXXXXXXX Vice President PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY By: XXXXXXX XXXXXXXXX Assistant Vice President PRUDENTIAL ANNUITIES LIFE ASSURANCE CORPORATION PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY By: Prudential Investment Management, Inc. (as (Investment Manager) By: XXXXXXX XXXXXXXXX Vice President FORETHOUGHT LIFE INSURANCE COMPANY MODERN WOODMEN OF AMERICA ZURICH AMERICAN INSURANCE COMPANY COMPANION LIFE INSURANCE COMPANY UNITED OF OMAHA LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: XXXXXXX XXXXXXXXX Vice President Accepted and causes of action are matured or unmatured or known or unknownAgreed: WAUSAU PAPER CORP. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimBy: XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: SVP/CFO WAUSAU PAPER TOWEL & TISSUE, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaLLC By: XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: SVP/CFO, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.LLC Manager 04926-0299 CH2\14435439.4

Release. Company Borrower hereby indenmifies and the Guarantor signing the Acknowledgment holds harmless Agent, each Revolving Loan Lender and Agreement of Guarantor set forth below hereby absolutely each Issuer from and unconditionally release and forever discharge Xxxxx Fargo, and against any and all participantsclaims and damages, parent corporationslosses, subsidiary corporationsliabilities, affiliated corporationscosts or expenses which Agent, insurerssuch Lender or such Issuer may incur (or which may be claimed against Agent, indemnitorssuch Lender or such Issuer by any Person whatsoever). REGARDLESS OF WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, successors in connection with the execution and assigns thereofdelivery of any Letter of Credit or transfer of or payment or failure to pay under any Letter of Credit; provided that Borrower shall not be required to indemnify any party seeking indemnification for any claims, together with all damages, losses, liabilities, costs or expenses to the extent, but only to the extent, caused by (i) the willful misconduct or gross negligence of the present party seeking indemnification, or (ii) the failure by the party seeking indemnification to pay under any Letter of Credit after the presentation to it of a request required to be paid under applicable law. Borrower hereby releases, waives and former directorsdischarges Agent, officers, agents, attorneys, each Revolving Loan Lender and employees of any of the foregoing, each Issuer from any and all claims, demands or causes of action of any kindaction, nature damages, losses, liabilities, reasonable costs or descriptionexpenses which may now exist or may hereafter arise, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseREGARDLESS OF WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of or in connection with the failure of any actother Revolving Loan Lender to fulfill or comply with its obligations to Agent, omissionsuch Lender or such Issuer, matteras the case may be, cause or thing whatsoever arising from hereunder (but nothing herein contained shall affect any rights Borrower may have against such defaulting Lender). Nothing in this Section 2.2(c) is intended to limit the beginning obligations of time to and including the date Borrower under any other provision of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORAgreement.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of pay and the Guarantor signing the Acknowledgment and Agreement of Guarantor benefits provided to me by Crown Holdings, Inc. as set forth below in my Employment Agreement, dated 25 October, 2022, and other good and valuable consideration to which I would not otherwise be entitled, I, Xxxxxxx X. Xxxxxxxx, on behalf of myself, my heirs, assigns, executors, agents and representatives, hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCrown Holdings, Inc. and its affiliates, parents, subsidiaries, successors, and any predecessors, and all participantsof their respective shareholders, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersemployees, agents, attorneys, officers and employees of any of directors (hereinafter collectively referred to as the foregoing, “Company”) from any and all claims, demands or demands, charges, complaints and/or causes of action of any kindaction, nature known or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseunknown, which Company I may have or Guarantor has had, now has or has made could claim to have against the Company arising at any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time up to and including the date of my signing of this AmendmentGeneral Release. This General Release includes, whether but is not limited to, all claims arising from or during my employment or as a result of the termination of my employment and all claims arising under federal, state or local laws prohibiting employment discrimination based upon age, race, sex, religion, disability, handicap, national origin or any other protected characteristic, including, but not limited to any and all claims arising under the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, and all similar state or local laws, and/or any claims arising out of any legal restrictions, expressed or implied, on the Company’s right to control or terminate the employment of its employees. Notwithstanding the foregoing, this General Release does not apply to claims for (i) amounts payable to me under Section 5 of my Employment Agreement or (ii) payments due to me under any outstanding stock option, restricted stock or other equity award agreement between me and the Company. I further agree that I will not file (or join, or accept any relief in) a lawsuit against the Company pleading or asserting any claims released in this General Release. If I breach this promise, and the action is found to be barred in whole or in part by this General Release, I agree to pay the attorneys’ fees and costs, or the proportions thereof, incurred by the Company in defending against those claims that are found to be barred by this General Release. Nothing in this paragraph precludes me from challenging the validity of this General Release under the requirements of the Age Discrimination in Employment Act, and I shall not be responsible for reimbursing the attorneys’ fees and costs of the Company in connection with such claimsa challenge to the validity of the release. However, demands I acknowledge that this General Release applies to all claims I have under the Age Discrimination in Employment Act, and causes that, unless this General Release is held to be invalid, all of action my claims under that Act shall be extinguished. I further acknowledge and agree that nothing in this General Release precludes or prevents me from filing a charge with the U.S. Equal Employment Opportunity Commission or other government agency. I agree that I will not seek or accept any relief obtained on my behalf by any government agency, private party, class, or otherwise with respect to any claims released in this General Release, provided that this General Release does not limit my right to receive an award for information provided to any government agency. I further acknowledge and agree that nothing in this General Release, or the confidentiality and non-disparagement provisions of the employment agreement prohibit me or the Company or any person or entity from (i) reporting possible violation of federal law or regulation to any governmental agency or entity or self-regulatory organization or making disclosures that are matured protected under the whistleblower provisions of federal law or unmatured regulation, or known (ii) supplying truthful information to any governmental authority or unknownin response to any lawful subpoena or other legal process. Further, nothing in this General Release shall preclude or prevent me from filing a charge with, providing information to, communicating with or cooperating with any governmental agency, including but not limited to the U.S. Equal Employment Opportunity Commission. I agree that I will not seek or accept any relief obtained on my behalf by any governmental agency, private party, class, or otherwise with respect to any claims released in this General Release provided that this General Release does not limit my right to receive an award for information provided to any governmental agency. By signing below, I acknowledge that I have carefully read and fully understand the provisions of this General Release. I further acknowledge that I am signing this General Release knowingly and voluntarily and without duress, coercion or undue influence. This General Release constitutes the total and complete understanding between me and the Company relating to the subject matter covered by this General Release, and all other prior or contemporaneous written or oral agreements or representations, if any, relating to the subject matter covered by this General Release are null and void. Neither the Company nor its agents, representatives or attorneys have made any representations to me concerning the terms or effects of this General Release other than those contained herein. It is also expressly understood and agreed that the intention terms of this General Release may not be altered except in a writing signed by both me and the Company. I agree and acknowledge that I have carefully read and understand this General Release, including the Section labeled “Notice” on the top of the Company first page; that I understand, in particular that I am agreeing to release all legal claims against the Company; that I sign this General Release knowingly and Guarantor in executing this release voluntarily; that the same shall be effective as a bar I have been advised to each consult with an attorney before signing it; and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument General Release shall not be and remain effective in all respects notwithstanding any such differences or additional facts.subject to claims of fraud, duress and/or mistake. INTENDING TO BE LEGALLY BOUND, I hereby set my hand below: SIGNED BY: _______________________ ___________________ _______________ Date WITNESSED BY: _______________________ ___________________

Release. Company Upon the date each Settling State becomes bound by this Agreement, for good and sufficient consideration as described herein, each Settling State and each Attorney General thereof shall for the Guarantor signing the Acknowledgment duration or term of this Agreement (whichever is shorter) be deemed to and Agreement of Guarantor set forth below hereby absolutely does release, dismiss and unconditionally release discharge each and forever discharge Xxxxx Fargoevery civil claim, right, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes cause of action of (including, without limitation, all claims for damages, restitution, medical monitoring, or any kindother legal or equitable relief), nature known or descriptionunknown, whether arising in law asserted or equity unasserted, direct or upon contract or tort or under any state or federal law or otherwiseindirect, which Company or Guarantor has they had, now has have or has made claim to may hereafter have against each Settling Defendant (including its past and present parents, subsidiaries, present affiliates, employees, directors and shareholders, but only in such capacities, vis-a-vis, each such Settling Defendant, and downstream distribution entities of Settling Defendant, but only to the extent that such downstream distribution entities would have cross-claims against Settling Defendant), but does not in any fashion release any Non-settling Tobacco Companies or other defendants in any Attorney General Action except as provided for in Section 17 hereof, (i) which was asserted in that State's Attorney General Action, and/or (ii) which was not asserted in said Action but which is smoking-related or otherwise arises out of, or concerns, the acts, facts, transactions, occurrences, representations, or omissions set forth, alleged, referred to or otherwise embraced in the complaint of that Settling State's Attorney General Action. Upon the date each Settling State becomes bound by this Agreement, for good and sufficient consideration as described herein, each such person Settling Defendant shall for the duration or by reason term of any act, omission, matter, cause or thing whatsoever arising from the beginning of time this Agreement (whichever is shorter) be deemed to and including the date of this Amendmenthereby does release, whether such claims, demands dismiss and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to discharge each and every claim, demand right, and cause of action specified and in furtherance (including, without limitation, all claims for damages, restitution, fees, expenses, or any other legal or equitable relief), whether known or unknown, asserted or unasserted, which they had, now have or may hereafter have as of the effective date of this intention Agreement against each such Settling State, its public officials and employees in connection with, arising out of or related to the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 acts, facts, transactions, occurrences, representations, or omissions set forth, alleged or referred to or otherwise embraced in the complaints of the Civil Code of the State of CaliforniaSettling States' Attorney General Actions. Provided, which provides: “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 RELEASEhowever, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.as follows:

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereofXxxxxxxx voluntarily accepts this position, together with all an increase to his prior annual base salary in the amount of twenty-two thousand five hundred dollars ($22,500.00); thus, Xxxxxxxx’x annual salary shall now be two hundred twenty-five thousand dollars ($225,000.00). Xxxxxxxx acknowledges and agrees that his current compensation is not being adversely modified in any material respect without his effective consent and that his authority or duties are not being materially changed without his effective consent. Xxxxxxxx also acknowledges that there is no diminution or adverse modification to his title, status, overall position or responsibilities. In consideration of the present aforementioned, Xxxxxxxx fully and former directorsforever releases and discharges the Company from, officersand covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against the Company with respect to, any matter arising out of or relating to this change in compensation and title and responsibilities or any acts of the Company, including, without limitation, any claims and causes of action against the Company which relate to conduct occurring before and up to the date this Agreement is executed. Moreover, Xxxxxxxx hereby releases, acquits, and discharges the Company, and each of its agents, attorneys, and employees of any of the foregoing, predecessors and/or successors in interest from any and all rights, actions, claims, demands or demands, costs, contracts, allegations, liabilities, obligations, damages and causes of action of any kind, nature or descriptionaction, whether arising in law known, suspected or equity or upon contract or tort or under any state or federal law or otherwiseunknown, which Company Xxxxxxxx had or Guarantor has had, now has or has made may claim to have against any such person for or had by reason of any act, omission, matter, cause act or thing whatsoever arising omission from the beginning of time to through and including the date of this AmendmentAgreement. In addition, whether such and in further consideration of the foregoing, Xxxxxxxx hereby agrees that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by the Company, which liability the Company expressly denies. Xxxxxxxx further represents that he has neither filed any claims, demands and causes of action are matured charges, complaints or unmatured actions against the Company, nor has he assigned any charges, complaints, claims or known or unknown. It is actions against the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCompany.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company ‌ Effective from and after the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Closing Date, Developer hereby absolutely and unconditionally release waives, releases, acquits, and forever discharge Xxxxx Fargodischarges Successor Agency to the maximum extent permitted by law, of and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or actions, causes of action of any kindaction, nature demands, rights, liabilities, damages, losses, costs, expenses, or descriptioncompensation whatsoever, whether arising in law direct or equity or upon contract or tort or under any state or federal law or otherwiseindirect, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , foreseen or unforeseen, that it now has because of or in any way growing out or connected with this Agreement and the intention Public Parcel, including, without limitation, the condition of the Company and Guarantor in executing this release that Public Parcel (including any such claim which arose prior to the same shall be effective as a bar to each and every claimClosing Date, demand and cause of action specified and in furtherance but is discovered thereafter), except (i) matters arising from Successor Agency’s fraud or intentional misrepresentation, or (ii) any breach of this intention Agreement by Successor Agency prior to the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaClosing Date. DEVELOPER EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE § 1542, which providesAND ANY OTHER PROVISION OF LAW, THAT PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DEVELOPER DOES NOT KNOW OR SUSPECT EXPECT TO EXIST IN HIS OR HER ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT TO IT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH ITS AGREEMENT TO RELEASE SUCCESSOR AGENCY. BY PLACING ITS INITIALS BELOW, DEVELOPER SPECIFICALLY ACKNOWLEDGES AND CONFIRMS THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsVALIDITY OF THE RELEASES MADE ABOVE AND THE FACT THAT DEVELOPER WAS REPRESENTED BY COUNSEL WHO EXPLAINED, demandsAT THE TIME THIS AGREEMENT WAS MADE, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.THE CONSEQUENCES OF THE ABOVE RELEASES. SUCCESSOR AGENCY: DEVELOPER:

Release. Company Each Party hereby releases the other Party, its successors and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoassigns, and their respective Representatives, in each case from and against any and all participantsgrievances, parent corporationsrights, subsidiary corporationsactions, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kindaction, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, complaints, obligations, liabilities or causes controversies of action any and agree all kinds, nature and character whatsoever, legal and equitable, whether known or unknown, foreseen or unforeseen, that a Party has or shall or may have under any Law, arising out of, related to, or in [ * ] = Certain information on this instrument shall be page has been redacted and remain effective filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. connection with the Existing License Agreements (the “Released Claims”). EACH PARTY HEREBY EXPRESSLY WAIVES THE BENEFIT OF ANY STATUTE OR RULE OF LAW THAT, IF APPLIED TO THIS AGREEMENT, WOULD OTHERWISE EXCLUDE FROM ITS BINDING EFFECT ANY RELEASED CLAIMS NOT KNOWN BY SUCH PARTY TO EXIST WHICH AROSE PRIOR TO THE SIGNING OF THIS AGREEMENT. Each Party understands and acknowledges that it may not currently know of losses or claims or may have underestimated the severity of losses. Part of the consideration provided by this Agreement was given in all respects notwithstanding exchange for the release of such claims. Each Party hereby waives any such differences rights or additional factsbenefits under California Civil Code Section 1542 (or any similar statute in any other jurisdiction), which provides that: “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 debtor.” [ * ] = Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Release. Company and Except for the Guarantor signing rights or obligations as have been created under this Agreement, the Acknowledgment and Agreement of Guarantor set forth below Parties hereby absolutely and unconditionally release fully, completely, finally and forever release, relinquish and discharge Xxxxx Fargoeach other and each of their respective parent companies, and any and all participantspredecessor companies, parent corporations, subsidiary corporationssubsidiaries, affiliated corporationscompanies, related entities, agents, consultants, present and former employees, present and former officers and directors, attorneys, insurers, indemnitors, successors and assigns thereof(which said aforementioned released parties shall hereinafter be referred to collectively as "Releasees"), together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or actions, causes of action of any kindaction, nature or descriptiondemands, rights, debts, agreements, promises, liabilities, damages, accountings, costs and expenses, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , suspected or unsuspected, fixed or contingent, of every nature whatsoever, which relate to the intention delay in filing the Shelf Registration Statement prior to the date hereof, and the issuance of the Company and Guarantor in executing this release that Securities. Notwithstanding the same foregoing, the matters released hereunder shall be effective exclude damages arising as a bar to each and every claim, demand and cause result of action specified and any remedy required by Nasdaq in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 event that Nasdaq determines that stockholder approval was necessary for the consummation of the Civil Code transactions contemplated by the Purchase Agreement (such exclusion shall not include any damages arising out of any alleged breaches of the State Purchase Agreement to the extent that such breaches would result in damages in excess of Californiaany remedy required by Nasdaq). All matters released hereunder shall sometimes hereinafter be referred to as the "Released Claims." IT IS THE INTENTION OF THE PARTIES HERETO THAT THIS AGREEMENT, which providesTOGETHER WITH ITS EXHIBIT, SHALL BE EFFECTIVE AS A FULL AND FINAL ACCORD AND SATISFACTION AND RELEASE OF EACH AND EVERY RELEASED CLAIM. IN FURTHERANCE OF THIS INTENTION, THE PARTIES HERETO, AND EACH OF THEM, ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY LEGAL COUNSEL AND ARE FAMILIAR WITH THE PROVISIONS 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH WHICH, IF KNOWN BY HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” " THE PARTIES HERETO, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW DOCTRINES OF SIMILAR EFFECT. The parties Parties hereto, and each of them, acknowledge that each they may hereafter discover facts different from or in addition to to, or different from, those which they now known know or believed believe to be true with respect to such claimsthe subject matter of this Agreement and the Released Claims, demandsbut that notwithstanding the foregoing, or causes of action and agree it is their intention that this instrument release operate to fully, finally, completely and forever settle and release each Releasee from each, every and all of the Released Claims, and that in furtherance of such intention, the releases herein given shall be and remain effective in all respects effect as full and complete releases, notwithstanding the discovery or existence of any such differences additional or additional different facts. The Parties hereto warrant and represent to each other that as to any Released Claim, the Party releasing same is the sole and absolute owner thereof, free and clear of all other rights and interests therein and has the right, ability and sole power to release such Released Claims, and the releasing Party agrees to hold harmless and indemnify the released Parties from any liability or claim asserted against a released Party which is based on a claim which the releasing Party purported to release hereunder.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all Effective as of the Closing, each Seller and Seller Owner releases and discharges each other Seller’s past, present and former and/or future Affiliates, directors, managers, officers, employees, agents, attorneys, and employees of any of the foregoingequity holders, members, insurers, successors and/or assigns (collectively “Released Parties”), from any and all claims, demands or and causes of action of any kind, nature or descriptionaction, whether known or unknown, liquidated or contingent, relating to, arising out of or in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against way connected with the dealings of the Acquired Assets and any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising Released Party from the beginning of time through the Closing Date, it being understood, however, that such release shall not operate to and including the date of this Amendment, whether release such claims, demands and causes of action are matured or unmatured or known or unknownReleased Party from any indemnity obligations under Article VIII. It is the intention of the Company and Guarantor in executing this release Each Seller acknowledges that the same shall be effective as a bar to each and every claim, demand and cause Laws of action specified and in furtherance of this intention many states provide substantially the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which providesfollowing: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge Each Seller acknowledges that such provisions are designed to protect a party from waiving claims which it does not know exist or may exist. Nonetheless, each may hereafter discover facts different from Seller agrees that, effective as of the Closing Date, each Seller shall waive any such provision. Each Seller further agrees that none of each such Seller or in addition to those now known or believed to be true with respect to such claimsits Affiliates, demandsshall: (a) institute a Legal Proceeding based upon, arising out of, or causes relating to any of action and agree that this instrument shall be and remain effective the released claims; (b) participate, assist or cooperate in all respects notwithstanding any such differences Legal Proceeding; or additional facts(c) encourage, assist and/or solicit any other Person to institute any such Legal Proceeding.

Release. Company (a) Effective on and as of the Guarantor signing the Acknowledgment Third Amendment Effective Date, Borrower, for itself and Agreement on behalf of Guarantor set forth below its successors, assigns, and present and future stockholders, officers, directors, Affiliates, employees, agents and attorneys, hereby absolutely and unconditionally release remises, releases and forever discharge Xxxxx Fargo, discharges Lender and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the its present and former officers, directors, officerspartners (general and limited), stockholders, employees, agents, attorneys, successors and employees of any of the foregoing, assigns from and against any and all claims, demands or rights, actions, causes of action action, suits, liabilities, defenses, damages, losses, costs and expenses (including attorneys' fees), of any kindwhatever nature, nature type or description, that are based upon, relate to or arise out of any facts, acts, omissions, events or circumstances existing or occurring on or prior to the Third Amendment Effective Date, whether arising in law out of or equity otherwise related to this Amendment, the Loan Agreement or upon contract any other Loan Document, any of the transactions contemplated hereby or tort thereby, the administration or under enforcement of the Obligations, any state related discussions or federal law negotiations or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, in each case whether such claims, demands and causes of action are matured or unmatured or known or unknown, existing or potential or suspected or unsuspected. It is the intention of the Company Borrower waives any and Guarantor in executing this release that the same shall be effective as a bar to each and every claimall claims, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits it may have under Section any law of any jurisdiction that would render ineffective a release made by a creditor of claims that the creditor does not know or suspect to exist in its favor at the time of executing the release and that, if known by it, would have materially affected its settlement with the applicable debtor. Borrower acknowledges that it is aware of the following provisions of section 1542 of the California Civil Code of the State of California, which providesCode: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Borrower expressly and voluntarily waives each and all claims, rights, or benefits it has or may have under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction, to the full extent that each it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to lawfully waive such claims, demandsrights and benefits in connection with this release. Borrower acknowledges that (a) it has been represented by independent legal counsel of its own choice throughout all of the negotiation that preceded the execution of this Amendment and that it has executed this Amendment after receiving the advice of such independent legal counsel, and (b) it and its respective counsel have had an adequate opportunity to make whatever investigation or causes of action and agree that inquiry they deem necessary or desirable in connection with the release contained in this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsSection 10.

Release. Company and the Guarantor signing the Acknowledgment and Agreement Each of Guarantor set forth below and Issuer (each a “Releasing Party”) hereby absolutely irrevocably and unconditionally release releases, acquits and forever discharge Xxxxx Fargodischarges the Secured Party, and any and all participantsits partners, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsshareholders, officers, agentsdirectors, attorneysemployees, advisors and employees of any of the foregoingagents (collectively, its “Related Parties”), from any and all actual or alleged claims, demands or actions, charges, complaints, causes of action action, rights, demands, debts, accountings, expenses or damages (including attorneys’ fees and costs), of any kindnature whatsoever, nature past or descriptionpresent, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected, whether under federal or state statutory or common law and whether arising prior to or after the date hereof (the “Released Claims”), which the Releasing Party may have against the Secured Party or its Related Parties under the Pledge. It Each of Pledgor and Issuer acknowledges that it has had the opportunity to seek legal counsel and that it is familiar with the intention provisions of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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, WHICH AND THAT IF KNOWN BY HIM OR HER MIGHT WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge that each may hereafter discover facts different from Unless otherwise specifically provided herein, the Pledgor and the Issuer hereby waive and relinquish all rights and benefits conferred by Section 1542 of the California Civil Code, by any laws of any state or in addition to those now known or believed to be true with respect to such claimsterritory of the United States, demandsby any laws of the United States, or causes by any principle of action and agree common law that this instrument shall be and remain effective provides that a release does not extend to claims that a party does not know of or expect to exist in all respects notwithstanding any such differences or additional factsthe party’s favor at the time of executing the release, which, if known to the party may have materially affected the settlement.