Common use of Released Claims Clause in Contracts

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In Upon the Effective Date of this Agreement, and in consideration of these additional benefitsthe provisions of the Agreement, you, on behalf of your heirs, spouse and assigns, hereby completely release the Releasees shall be released and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as discharged by the “Company”) Class Releasors from any and all claims, of any and every kind, nature and character, known claims arising from or unknown, foreseen or unforeseen, based on any act or omission occurring prior relating to the date of you signing this Release AgreementImprelis®, including but not limited to any claims arising out of your offer of employmentthose that were, your employment or termination of your employment with the Company or your right to purchasecould have been, or actual purchase of shares of stock of could be asserted by the Company Class Releasors, subject only to the express exceptions listed herein (including, but not limited to, all rights related to or associated with stock options and restricted stock unitsthe “Released Claims”), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released Released Claims shall include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether causes of action, demands, actions, suits, rights, obligations, controversies or the like, known or unknown, foreseen under state consumer fraud, warranty, or unforeseenunjust enrichment laws. The only claims excluded from this Release shall be that 1) Class 1, except Class 2, or Class 3 Members will not release claims for personal injury, wrongful death, and any environmental claims not related to claimed injuries to Class Member’s property and vegetation; and 2) Class 2 Members will not release any right to seek to recover from DuPont for claims of lost profits for business interruption, and/or suits brought against Class 2 Members arising out of their work relating to the application of Imprelis® brought by those claims expressly described belowwho have opted-out of this Agreement. You expressly waive All Class Releasors covenant and agree that they shall not hereafter seek to establish liability against any rights Releasees based, in whole or benefits under Section 1542 in part, on any of the California Civil CodeReleased Claims. Each Class Releasor expressly waives and fully, finally, and forever settles and releases any known or any equivalent statuteunknown, suspected or unsuspected, contingent or non-contingent Released Claims without regard to the subsequent discovery or existence of different or additional facts. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW IN ADDITION, EACH CLASS RELEASOR HEREBY EXPRESSLY WAIVES AND RELEASES, UPON THIS AGREEMENT BECOMING EFFECTIVE, ANY AND ALL PROVISIONS, RIGHTS, AND BENEFITS CONFERRED BY ANY STATUTE, LAW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME PRINCIPLE OF EXECUTING THE RELEASECOMMON LAW, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH IS SIMILAR, COMPARABLE, OR EQUIVALENT TO § 1542 OF THE DEBTOR.” You fully understand thatCALIFORNIA CIVIL CODE, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.WHICH READS:

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from The Released Claims shall include any and all claims, claims of any nature whatsoever (including claims for any and every kindall losses, damages, unjust enrichment, attorneys’ fees, disgorgement of fees, litigation costs, injunction, declaration, contribution, indemnification, or any other type or nature and characterof legal or equitable relief), that in any way relate to the MRMC ESOP’s investment in the stock of MRMC during the Class Period, whether against Releasees in their capacity as individuals, corporate entities, or in their capacities as fiduciaries, whether known or unknown, foreseen in law or unforeseenequity, based on any act which were or omission occurring prior to could have been asserted in the date of you signing this Release AgreementLawsuit, including but not limited to any claims arising out related to the MRMC ESOP’s acquisition of your offer of employment, your employment MRMC stock or termination of your employment with the Company or your right to purchase, or actual purchase of shares sale of stock by any MRMC shareholder (the “Released Claims”). In the event that any court with original or appellate jurisdiction over the Lawsuit issues a final determination that any portion of Section 3 herein is not enforceable, the Company (includingParties will jointly modify Section 3 herein to conform with such determination, but not limited toand in any event portions of Section 3 herein that are enforceable shall remain enforceable. Plaintiff hereby expressly waives, on his own behalf and on behalf of all Class Members and the MRMC ESOP, any and all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach benefits respectively conferred by the provisions of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil CodeCode and all similar provisions of the statutory or common law of any other State, Territory, or any equivalent statuteother jurisdiction. California Civil Code Section 1542 provides as followsreads in pertinent part: “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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosKLA-Tencor, its past and present parent companies, subsidiaries, affiliates, and each of their past and present agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release Agreement, including but not limited to any claims arising out of your my offer of employment, your my employment or termination of your my employment with the Company Company, or your my right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawCompany. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), and any common law tort tort, contract or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims not released as expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” You I fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you me to be true, you I expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. Claims Not Released The only claims not released through this Release Agreement are any claims that cannot be released by law such as claims for unemployment benefits, workers’ compensation, and/or claims relating to the validity of this Release Agreement under the ADEA as amended by the OWBPA. Enforcement of This Release Agreement I also understand and agree that if any suit, affirmative defense, or counterclaim is brought to enforce the provisions of this Release Agreement, with the exception of a claim brought by me as to the validity of this Release Agreement under the ADEA as amended by the OWBPA, the prevailing party shall be entitled to its costs, expenses, and attorneys’ fees as well as any and all other remedies specifically authorized under the law.

Released Claims. In consideration of these additional benefits(a) Except as provided in paragraph 2 below, youExecutive, on behalf of your himself, his heirs, spouse dependents, and assignsadministrators, hereby completely release absolutely, irrevocably and unconditionally releases and forever discharge Ikanosdischarges the Company, its past which includes all parents, subsidiaries, affiliates, predecessors, successors, assigns and present affiliatestheir respective directors, officers, employees, agents, officersattorneys and shareholders (severally and collectively, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “CompanyReleasees”) from any and all claims, of any known and every kind, nature and character, known or unknown, foreseen or unforeseenunder federal, based on any act or omission occurring prior to the date of you signing this Release Agreementstate and local law (including all common law claims) and all statues, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (ordinances and regulations including, but not limited to, all rights related claims relating to or associated with stock options and restricted stock units)breach of contract, including, without limitation, any claims for fraudbreach of promise, misrepresentation, breach invasion of fiduciary dutyprivacy, breach wrongful discharge, discrimination on account of duty under applicable state corporate age, race, sex, religion, national origin, military status, disability or other such characteristics protected by law, and securities fraud under that Executive may have against any state or federal law. The matters released include, but are not limited of the Releasees relating to, or arising out of, his employment with, or retirement or separation from employment with, the Company whether now apparent or yet to be discovered or which may develop based on events that have transpired from the beginning of time to the Retirement Date, whether or not any claims under federalaction, state claim, compliant, grievance or local lawscharge has been filed by Executive or on Executive’s behalf. Further, including Executive specifically releases the Releasees from any and all claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Americans With Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (“ADEA”) ), as amended byamended, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, as amended, and any similar state or local law, ordinance or regulation prohibiting discrimination in employment, based on events that have transpired from the beginning of time to the Effective Date. In addition, Executive also releases the Releasees and waives any right to or claim for any and all attorney’s fees, including litigation expenses and costs that Executive may claim under any statute, regulation or at common law or in equity, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for to those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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 DEBTORset forth above.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefitsExcept as outlined under Protected Rights (defined below), youin exchange for the above considerations, I, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge Ikanosthe Company, its past past, present and present future parent companies, subsidiaries, affiliates, partners, members, managers, trustees (in their official and individual capacities), employee benefit plans and their fiduciaries (in their official and individual capacities), related entities, and each of their past, present and future agents, officers, directors, shareholders, employees, attorneys, insurers, predecessors, successors and assigns (collectively referred to as collectively, the “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release Agreement, to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your my employment or termination of your my employment with the Company or your Company, my right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)Company, including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law, and any and all claims for wrongful discharge of employment, termination in violation of public policy, discrimination, harassment, retaliation, breach of contract (both express and implied), breach of covenant of good faith and fair dealing (both express and implied), promissory estoppel, negligent or intentional infliction of emotional distress, fraud, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, conversion, and disability benefits. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) ” as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Fair Credit Reporting Act, the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, the Xxxxxxxx- Xxxxx Act of 2002, the Immigration Reform and Control Act, the California Family Rights Act, the California Labor Code, the California Workers’ Compensation Act and the California Fair Employment and Housing Act, each as amended and any common law tort tort, contract or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that with the exception of excluded Protected Rights claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen. I acknowledge and represent that I have no lawsuits, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Codeactions pending in my name, or on behalf of myself or any equivalent statuteother person or entity, against the Released Parties. California Civil Code Section 1542 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 RELEASEI agree that I will not voluntarily provide assistance, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand thatinformation or advice, if any fact with respect directly or indirectly (including through agents or attorneys), to any matter covered person or entity in connection with any actual or potential claim or cause of action of any kind against the Released Parties and I will not induce or encourage any person or entity to do so, unless compelled or authorized to do so by law or as related directly to the ADEA waiver in this Release Agreement. Notwithstanding the foregoing, I understand and agree that I retain the right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) and equivalent state and local agencies, and to cooperate with investigations by any such agencies. I agree that this Release Agreement may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is found hereafter or may be initiated, prosecuted or maintained by me, my descendants, dependents, heirs, executors, administrators or permitted assigns. I acknowledge and represent that I have not suffered any discrimination or harassment by the Company or any of the Released Parties on account of race, gender, age, national origin, religion, marital or registered domestic partner status, sexual orientation, disability, veteran status, medical condition or any other characteristic protected by law. I acknowledge and represent that I have not been denied any leave, benefits or rights to which I have been entitled to under any federal or state law, and that I have not suffered any job-related wrongs or injuries for which I might be other than entitled to compensation or different from the facts now believed by you to be true, you expressly accept and assume that relief. The provisions of this Release Agreement shall be binding upon my heirs, executors, administrators, legal representatives and remain effectiveassigns. A failure of any of the Released Parties to insist on strict compliance with any provision of this Release Agreement shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release Agreement is determined to be so broad as to be unenforceable, notwithstanding such difference provision shall be interpreted to be only so broad as is enforceable, and in the factsevent that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release Agreement shall remain valid and binding upon me and the Released Parties. For the avoidance of doubt, each of the Released Parties shall be a third-party beneficiary to this Release Agreement and shall be entitled to enforce this Release Agreement in accordance with its terms.

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from Released Claims” means any and all claims, demands, actions, causes of action, rights, offsets, setoffs, suits, damages, lawsuits, liens, costs, surcharges, losses, attorney’s fees, expenses or liabilities of any kind whatsoever, in law or in equity, for any relief whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, as well as any and every kindall claims for compensatory, nature and characterpunitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, foreseen alleged or unforeseennot alleged in the Litigation, based on suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that in any act way concern, relate to, or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising arise out of your offer the PCC- DBNTC Trusts Loans and which any one or more of employment, your employment or termination of your employment with the Company or your right to purchaseReleasors have had, or actual purchase now have, against the Released Persons, as defined in Paragraph 2.30, from the beginning of shares of stock of time up through and including the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 Effective Date (“ADEAClaims”) as amended by), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that are or could have been asserted against the Older WorkersReleased Persons in the Litigation in any way relating to the DBNTC Trusts Settlement Class Members’ Benefit Protection Act PCC-DBNTC Trusts Loans; (“OWBPA”2) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 activities of the California Civil CodeReleased Persons with respect to the PCC-DBNTC Trusts Loans including, without limitation, any past, present or future collection of allegedly unlawful fees, directly or indirectly, with respect to the PCC-DBNTC Trusts Loans; any alleged representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (legal or illegal), omissions, failures to act, deceptions, acts of unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or fiduciary duty, conspiracy, excessive fees collected, or violations of any consumer protection statute, any state unfair trade practice statute, or any equivalent other body of case, statutory or common law or regulation, federal or state, including but not limited to the MSMLA, Mo.Rev.Stat. § 408.231, et seq., or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. §§ 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. §§ 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any conduct undertaken by any of the Released Persons to defend the Litigation, including but not limited to, any alleged improper discovery conduct and/or any request for sanctions in this Litigation. California Civil Code Section 1542 provides as followsIt is the intention of the Releasors to provide a general release of the Released Claims against the Released Persons; provided, however, that anything in this Agreement to the contrary notwithstanding, the term Released Claims does not include: “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(1) any claims of any kind or type of the Releasors against any person, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand thatassociation or entity that is not a Released Person, if whether such claims arise out of or relate to PCC-DBNTC Trusts Loans or some other conduct, transaction, loan or occurrence; (2) any claims of any kind or type of the Releasors against any person, association or entity in connection with a loan and/or loan transaction originated or made by a person, association or entity other than PCC, notwithstanding the fact that the loan, in whole or in part, was purchased by, assigned or conveyed to, or otherwise owned and/or held by any one or more of the Settling Defendants or the DBNTC Trusts; and/or (3) any claims of any kind or type by any Non-DBNTC Trusts Plaintiff Borrower with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the factsPCC Loans.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of Section 1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under equivalent to 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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from The Released Claims shall include any and all claims, claims of any nature whatsoever (including claims for any and every kindall losses, nature and characterdamages, known or unknownunjust enrichment, foreseen or unforeseenattorneys’ fees, based on any act or omission occurring prior to the date disgorgement of you signing this Release Agreementfees, including but not limited to any claims arising out of your offer of employmentlitigation costs, your employment or termination of your employment with the Company or your right to purchaseinjunction, declaration, contribution, indemnification, or actual purchase any other type or nature of shares of stock of the Company (including, but not limited to, all rights related to legal or associated with stock options and restricted stock unitsequitable relief), includingwhether against Releasees in their capacity as individuals, without limitationcorporate entities, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) their capacities as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claimsfiduciaries, whether known or unknown, foreseen in law or unforeseenequity, except for those which were or could have been asserted in the Lawsuit (the “Released Claims”) that relate to or arise from the facts and claims alleged in the Complaint. In the event that any court with original or appellate jurisdiction over the Lawsuit issues a final determination that any portion of Section 3 herein is not enforceable, the Parties will jointly modify Section 3 herein to conform with such determination, and in any event portions of Section 3 herein that are enforceable shall remain enforceable. Plaintiffs hereby expressly described below. You expressly waive waive, on their own behalf and on behalf of all members of the Settlement Class and the Sta-Home ESOP, any and all rights or and benefits under respectively conferred upon them by the provisions of Section 1542 of the California Civil CodeCode and all similar provisions of the statutory or common law of any other State, Territory, or any equivalent statuteother jurisdiction. California Civil Code Section 1542 provides as followsreads in pertinent part: “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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of (S)1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 equivalent to ss.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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from The Released Claims shall include any and all claims, claims of any nature whatsoever (including claims for any and every kindall losses, damages, unjust enrichment, attorneys’ fees, disgorgement of fees, litigation costs, injunction, declaration, contribution, indemnification, or any other type or nature and characterof legal or equitable relief), whether accrued or not, whether against Releasees in their capacity as individuals, corporate entities, or in their capacities as fiduciaries, whether already acquired or acquired in the future, whether known or unknown, foreseen in law or unforeseenequity, based on which were or could have been asserted in the Lawsuit, that in any act or omission occurring prior way relate to the date ISCO ESOP’s investment in or divestiture of you signing this Release Agreementthe Stock of ISCO, including but not limited to any claims arising out of your offer of employmentrelated to the ISCO ESOP Transaction, your employment the 2012 ISCO Shareholders, the 2018 ISCO Shareholders, or the termination of your employment the ISCO ESOP (the “Released Claims”). In the event that any court with original or appellate jurisdiction over the Company or your right Lawsuit issues a final determination that any portion of Section 3 herein is not enforceable, the Parties will jointly modify Section 3 herein to purchaseconform with such determination, or actual purchase and in any event portions of shares Section 3 herein that are enforceable shall remain enforceable. Plaintiffs hereby expressly waive, on their own behalf and on behalf of stock all members of the Company (includingSettlement Class and the ISCO ESOP, but not limited to, any and all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach benefits respectively conferred upon them by the provisions of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil CodeCode and all similar provisions of the statutory or common law of any other State, Territory, or any equivalent statuteother jurisdiction. California Civil Code Section 1542 provides as followsreads in pertinent part: “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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The Except as provided in the section titled, “Claims Not Released,” below, the matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The Released Claims are all actions, causes of these additional benefitsaction, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of demands, liabilities, obligations, rights and suits whatsoever, whether equitable, legal or administrative, as well as any and every kindclaim for attorneys’ fees or expenses that any Participant now has, nature and character, known may have or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreementever had, including but claims that the Participant does not limited know or suspect to any claims arising exist in his or her favor at the Effective Date - which if known to him or her, might have naturally affected the decision to accept the Settlement Agreement - that were or might have been brought in the Litigation or that arise out of your offer of employmentof, your employment in whole or termination of your employment with in part, the Company facts, events, transactions or your right to purchase, or actual purchase of shares of stock of occurrences alleged in the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawLitigation. The matters released Released Claims include, but are not limited to, any all claims under federalthat the Cash Balance Amendment, state by its terms, implementation or local lawsadministration, including claims arising under violated ERISA, the Code, the Age Discrimination in Employment Act or any other statute, regulation or source of 1967 law. The Released Claims encompass any claim in connection with benefits earned by any Participant before or after the Effective Date based on claims that the Cash Balance Amendment violated any of the statutes identified above, and include any claims related to the calculation of any Class member’s Settlement Amount, but do not include any claim under the terms of any benefit plan sponsored by the Defendants relating to an alleged miscalculation of any Class member’s benefits where such claim of miscalculation is not related to (“ADEA”i) as amended bythis Settlement or (ii) the matters alleged in the Litigation. The Released Claims expressly include any and all rights any Participant may now have, or in the future may have, under any law relating to the release of unknown claims, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under without limitation Section 1542 of the California Civil Code, which provides: A general release does not extend to the claims which the creditor does not know or any equivalent statutesuspect 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. California Civil Code The Released Claims expressly include a waiver of the rights under Section 1542 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 DEBTORand any comparable law.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of ss.1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 equivalent to ss.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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefitsbeing provided the Severance Benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosPEDEVCO and Insperity, its their past and present parent companies, subsidiaries, affiliates, related entities, and each of their past and present principals, partners, agents, officers, directors, shareholdersplan fiduciaries, employees, attorneys, insurers, successors successors, shareholders and assigns (collectively referred to as the collectively, “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release AgreementAgreement to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your employment my Executive Employment Agreement, dated May 10, 2018, my employment, or termination of your my employment with the Company and Insperity; and any disputed wages, commissions, and bonuses. This release of claims includes, without limitation, claims at law or your right to purchaseequity or sounding in contract (express or implied) or tort, claims arising under any federal, state, or actual purchase local laws, of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)any jurisdiction, including, without limitation, those that prohibit age, sex, race, national origin, color, sexual orientation, pregnancy, disability, religion, veteran status, gender identity or gender expression, or any claims for fraudother form of discrimination, misrepresentationharassment, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawretaliation. The matters released include, but are not limited to, any claims under federal, state state, or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Employee Retirement Income Security Act of 1974; the Civil Rights Act of 1991; the Family and Medical Leave Act of 1993; the California Family Rights Act, the California Fair Employment and Housing Act, the California Labor Code, and any other state or federal law, common law tort contract tort, contract, or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that that, with the exception of excluded claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.”

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. Claims Not Released. The only claims not released through this Release Agreement are any claims that cannot be released by law, such as claims for unemployment benefits, workers’ compensation and/or claims relating to the validity of this Release Agreement under the ADEA as amended by the OWBPA. Enforcement of This Release Agreement. You also understand and agree that if any suit is brought to enforce the provisions of this Release Agreement, with the exception of a claim brought by you as to the validity of this Release Agreement under the ADEA as amended by the OWBPA, the prevailing party shall be entitled to its costs, expenses, and attorneys’ fees as well as any and all other remedies specifically authorized under the law.

Released Claims. In consideration of these additional benefitsbeing provided the Severance Benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosPEDEVCO and Insperity, its their past and present parent companies, subsidiaries, affiliates, related entities, and each of their past and present principals, partners, agents, officers, directors, shareholdersplan fiduciaries, employees, attorneys, insurers, successors successors, shareholders and assigns (collectively referred to as the collectively, “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release AgreementAgreement to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your my employment letter agreement, dated June 16, 2012, as amended April 25, 2016, my employment, or termination of your my employment with the Company and Insperity; and any disputed wages, commissions, and bonuses. This release of claims includes, without limitation, claims at law or your right to purchaseequity or sounding in contract (express or implied) or tort, claims arising under any federal, state, or actual purchase local laws, of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)any jurisdiction, including, without limitation, those that prohibit age, sex, race, national origin, color, sexual orientation, pregnancy, disability, religion, veteran status, gender identity or gender expression, or any claims for fraudother form of discrimination, misrepresentationharassment, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawretaliation. The matters released include, but are not limited to, any claims under federal, state state, or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Employee Retirement Income Security Act of 1974; the Civil Rights Act of 1991; the Family and Medical Leave Act of 1993; the California Family Rights Act, the California Fair Employment and Housing Act, the California Labor Code, and any other state or federal law, common law tort contract tort, contract, or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that that, with the exception of excluded claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” You I fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you me to be true, you I expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. Claims Excluded from Release Notwithstanding the foregoing, claims challenging the validity of this Release Agreement under the ADEA as amended by the OWBPA, and any claims that cannot be released as a matter of law as set forth under the Protected Rights section below, are not released (collectively, “Excluded Claims”).