Common use of Released Claims Clause in Contracts

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages), damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages), damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nrestitution, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above[of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.113.1 [of the Agreement], the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration of the promises made mutual execution of the Settlement Documents and the mutual agreement to be legally bound by the terms hereof, in this Agreementaddition to the dismissal of the Pending Litigation, as set forth in the Stipulation of Dismissal and the Consent Judgment and Dismissal, Supernus and Actavis make the following releases, which shall be effective upon the grant of the Stipulation of Dismissal and the Consent Judgment and Dismissal by the Court in the Pending Litigation: Supernus and Actavis, with the intention of binding themselves and their respective predecessors, successors, heirs and assigns, directors, officers, employees and representatives, hereby fully, finally and irrevocably release and discharge each other, and upon the Effective Date their respective predecessors, successors, heirs and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amountassigns, each Settlement Participant hereby forever discharges directors, officers, employers and releases the Released Parties representatives, from any and all suits, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, liabilities, controversies, agreements, promises, variances, trespasses, damages, reimbursementsjudgments, unpaid advancesextents, civil and/or statutory penaltiesexecutions, liquidated damagesclaims, punitive damagescounterclaims, multiple damagesdemands, interest, attorneys’ fees, litigation costs, restitut io nexpenses, and/or equitable relief losses, liens and obligations, whatsoever, in any way growing out of their work in a Covered Position for law or equity, whether known or unknown, and waive any and all defenses, occurring before or as of the Effective Date related to the Litigated Patents, solely (i) in connection with the Pending Litigation, (ii) associated with the Actavis ANDA and Actavis Product, and including Supernus’ assertion of the Litigated Patents against Actavis, or (iii) in connection with all other claims that were asserted or could have been asserted in the Lawsuit or that are based on or arise out Pending Litigation. For purposes of clarity, nothing herein shall prevent any Party from enforcing the terms of the facts alleged Settlement Documents; or Supernus from enforcing any patent, including the Litigated Patents against Third Parties; or, notwithstanding the foregoing or anything to the contrary in this Settlement Documents, Actavis from (a) asserting counterclaims or defenses of non-infringement, invalidity, or unenforceability of the Litigated Patents in any version proceeding the subject matter of which is not the complaints filed Actavis Product; (b) filing and/or maintaining Paragraph IV certifications with respect the Actavis ANDA against the Litigated Patents or any other patent owned, licensed to, or subsequently acquired by Supernus that is now or comes to be listed in the Lawsuit Orange Book; and (including those asserted c) in the First Amended Complaint and SAC)event Supernus or its Affiliates initiate suit against Actavis or its Affiliates alleging that a product other than the Actavis Product infringes the Litigated Patents or any other patent owned, from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countylicensed to, or local lawssubsequently acquired by Supernus that is now or comes to be listed in the Orange Book, statutesseeking reexamination, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsinter partes review, or any other form of nonpost-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer grant review of the Collective Period Litigated Patent(s) asserted against Actavis or Applicable Class Periodits Affiliates with respect to a product other than the Actavis Product. THE PARTIES ACKNOWLEDGE THAT THEY MAY HEREAFTER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH THEY NOW KNOW OR BELIEVE TO EXIST WITH RESPECT TO THE RELEASED CLAIMS, THE FACTS AND CIRCUMSTANCES ALLEGED IN THE PENDING LITIGATION, AND/OR THE SUBJECT MATTER OF THIS SETTLEMENT AGREEMENT, WHICH, IF KNOWN OR SUSPECTED AT THE TIME OF EXECUTING THIS SETTLEMENT AGREEMENT, MAY HAVE MATERIALLY AFFECTED THIS SETTLEMENT AGREEMENT. NEVERTHELESS, UPON THE EFFECTIVENESS OF THE RELEASE OF THE RELEASED CLAIMS AS SET FORTH IN THIS SECTION ABOVE, THE PARTIES HEREBY ACKNOWLEDGE THAT THE RELEASED CLAIMS INCLUDE WAIVERS OF ANY RIGHTS, CLAIMS OR CAUSES OF ACTION THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS. THE PARTIES ACKNOWLEDGE THAT THEY UNDERSTAND THE SIGNIFICANCE AND POTENTIAL CONSEQUENCES OF SUCH A RELEASE OF UNKNOWN UNITED STATES JURISDICTION CLAIMS AND OF SUCH A SPECIFIC WAIVER OF RIGHTS. THE PARTIES INTEND THAT THE CLAIMS RELEASED BY THEM UNDER THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE TO THE EXTENT THEY RELATE TO UNITED STATES JURISDICTION CLAIMS. THE PARTIES ARE AWARE 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 if known by him or her, must have materially affected his or her settlement with the debtor. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties” THE PARTIES AGREE TO EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE UNDER THIS CODE SECTION OR UNDER FEDERAL, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowsSTATE OR COMMON LAW STATUTES OR JUDICIAL DECISIONS OF A SIMILAR NATURE, is aware of, or suspects the claims or potential claims being releasedAND KNOWINGLY AND VOLUNTARILY WAIVE SUCH UNKNOWN CLAIMS. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration of the promises made payment by the Company to me of the Severance Pay described in this Section 3.a. of that certain separation agreement between me and Analogic Corporation (the “Separation Agreement”), and in consideration of the Health Benefit and career transition services to be provided at the Company’s expense pursuant to Sections 3.a. and 3.d. of the Separation Agreement, which Severance Pay, Health Benefit and upon the Effective Date and the payment by career transition services I acknowledge I would not otherwise be entitled to receive, I, ▇▇▇▇▇▇ Fargo ▇▇▇▇▇▇, for myself and my heirs, executors, administrators, representatives, successors and assigns, hereby fully, forever, and unconditionally release, acquit, and discharge the Company and its subsidiaries, other affiliated entities, predecessors, successors, and assigns, and the officers, directors, shareholders, holders of any interest, principals, employees, employee benefit plans (except to the Maximum Settlement Amountextent that the Separation Agreement provides for benefits or rights to be provided to me under any such plans), attorneys, fiduciaries, agents and other representatives of or in each Settlement Participant hereby forever discharges of them (the “Released Parties”) of and releases the Released Parties from any and all suitsclaims, charges, complaints, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)rights, debts, sums of money, agreements, covenants, contracts, promises, omissions, representations, accounts, reckonings, obligations, damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nliabilities, and/or equitable relief expenses, and demands (the previously listed items being sometimes referred to collectively in this Release as “Claims”) of any way growing out kind and nature whatsoever, whether known, unknown, presently existing, contingent, or conditional, in law or in equity, which I ever had or now have against the Released Parties, for or by reason of their work in a Covered Position for any and all claims that were matter, cause, or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), thing whatsoever from the beginning of the Collective Period or Applicable Class Period world to the date on which I am signing this Release, including, but not limited to, any and all Claims arising out of my employment at, and/or separation from, the Company (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that canwhich Released Claims shall include, but not be released as a matter of lawlimited to, including that Participating Class Members who are not Participating Collective Members shall not release their claims any Claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth or in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer connection with any or all of the Collective Period or Applicable Class Periodfollowing: i. The Massachusetts Fair Employment Practices Act, which includes Massachusetts General Law, Chapter 15lB, as amended; the Massachusetts Privacy Statute, ▇.▇. ▇. 214, § 1B, as amended; the Massachusetts Wage Payment Statute, ▇.▇. ▇. 149, § 148 et seq., as amended; the Massachusetts Sexual Harassment Statute, ▇.▇. ▇. 214, § 1C, as amended; the Massachusetts Consumer Protection Act, ▇.▇. ▇. 93A, as amended; the Massachusetts Civil Rights Act, ▇.▇. ▇.▇▇, § ▇▇▇ ▇▇▇ § ▇▇▇, as amended; the Massachusetts Equal Rights Act, ▇.▇. ▇. 93, § 102, as amended; and the Massachusetts Workers Compensation Statute, G.L.c. 152; 12.2ii. The Notices of Settlement will state that Age Discrimination in order to grant a full and complete release of all Released Claims in favor of Employment Act, 29 U.S.C. § 621 et seq., as amended by the Released PartiesOlder Workers Benefit Protection Act, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released29 U.S.C. § 626 et seq.; 12.3iii. Upon the Effective Date and the payment by The Americans with ▇▇▇▇▇▇▇▇▇▇▇▇ Fargo ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇ et seq.; iv. The Employee Retirement Income and Security Act, 29 U.S.C. § 1001, et seq.; v. The Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; vi. Sections 1981 through 1988 of Title 42 of the Maximum Settlement AmountUnited States Code, this Agreement will as amended; vii. The Equal Pay Act of 1963, Public Law 88-38; viii. The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.: ix. The National Labor Relations Act, 29 U.S.C. § 151 et seq.; x. The Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; xi. The Rehabilitation Act, 29 USC. § 701 et seq.; xii. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e et seq.; xiii. The Worker Adjustment and Retraining Notification Act of 1988, 29 U.S .C. § 2101 et seq.; xiv. Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. 1514(A), xv. Any other federal, state, or local law, including any attorneys’ fees that could be binding onawarded in connection with these or any other Claims; xvi. Any and all common-law Claims under contract, quasi-contract or tort theories, including, but not limited to: A. Breach of contract, breach of an express or implied promise, breach of the implied covenant of good faith and fair dealing, or breach of fiduciary duty; B. lnterference with contractual relations; C. Promissory estoppel, or quantum meruit; D. Breach of employee handbooks, manuals, or other policies; E. Any Claim under or associated with any of the Company’s equity compensation plans or arrangements, including any Claim with respect to any stock options and restricted stock awards, but excluding any Claims with respect to or arising under the provisions of Section 3(e) of the Separation Agreement, and have res judicata any Claim under or associated with any other employee compensation or benefit plan, including but not limited to the Company’s Severance Plan for Management Employees, but excluding any Claims with respect to or arising under the provisions of Sections 3(a), 3(b), and/or 4(a) of the Separation Agreement; F. Assault or battery; G. Invasion of privacy or disclosure of private or protected personal information; H. False imprisonment; I. Intentional or negligent misrepresentation, or fraud; J. Retaliation, or intentional or negligent infliction of emotional distress; K. Defamation (including all forms of libel, slander, and preclusive effect self-defamation); L. Wrongful discharge, or wrongful discharge in the Lawsuit and any and all violation of public policy; M. Negligence, including negligent hiring, retention, or supervision; N. Any other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding Claim based on any theory, whether developed or undeveloped, arising from or related in any way to my employment or the termination of my employment at the Released ClaimsCompany, or any other fact or matter occurring prior to my signing this Agreement; O. Any other Claim arising under or related to any other federal, state, or local human rights, civil rights, wage-hour, pension, labor or employment laws, rules, or regulations, other public policy; and/or P. Any other Claim arising under common law or in equity. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration Upon the Effective Date, Releasing Persons, including Representative Plaintiffs and each Class Member, shall, by operation of the promises made in this AgreementFinal Judgment, be deemed to have fully, conclusively, irrevocably, forever, and upon the Effective Date finally released, relinquished, and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges discharged Defendants and releases the all other Released Parties Persons from any and all suitsclaims, Unknown Claims, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)debts, sums of money, payments, obligations, reckonings, promises, damages, reimbursementsinterest, unpaid advances, civil and/or statutory penalties, liquidated damagesattorney’s fees and costs, punitive damagesliens, multiple damagesjudgments, interestand demands of any kind whatsoever that each Releasing Person has or may have had prior to the Effective Date and arising from a loss during the Class Periods, whether ex contractu or ex delicto, debts, liens, contracts, liabilities, agreements, attorneys’ fees, litigation costs, restitut io npenalties, and/or equitable relief interest, expenses, or losses (including actual, consequential, statutory, extra-contractual and punitive or exemplary damages), and whether arising under or based on contract, extra-contractual or tort theories, at law or in equity, or under federal, state or local law, statute, ordinance, rule or regulation, whether asserted individually or in a representative capacity, whether past or present, mature or not yet mature, that any of the Representative Plaintiffs or Class Members have or may have had against any of the Released Persons that relate to, concern, arise from, or pertain in any way growing out to: 9.1.1 Nonmaterial Depreciation (including, but not limited to, calculation, deduction, determination, inclusion, modification, omission, and/or withholding of their work Nonmaterial Depreciation) in a the adjustment and/or payment of any Covered Position for Loss; 9.1.2 any and all claims that were or could have been asserted brought pertaining to the calculation, deduction, determination, inclusion, modification, omission, and/or withholding of Nonmaterial Depreciation in the Lawsuit or that are based on or arise out adjustment and/or payment of any Covered Loss; 9.1.3 the facts alleged allegations and claims contained in any version of the complaints filed complaint or amended complaint in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked Action or the regular rate Colby Action concerning the alleged systematic practice of paydeducting Nonmaterial Depreciation through the use of estimating software; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due and 9.1.4 any alleged conspiracy in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement connection with the matters described in subsections 9.1.1 – 9.1.14. (collectively, the “Released Claims”). Notwithstanding This release does not apply to any coverages other than for loss or damage to structures or buildings. For example, this release does not encompass any claims for additional living expenses or contents. Further, this release does not apply to Class Members’ claims for replacement cost benefits under Structural Loss insurance claims that are made after the foregoing, nothing in this provision releases any claim that cannot be released as a matter date of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs Preliminary Approval and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only determined pursuant to the employment terms and conditions of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer policies of the Collective Period or Applicable Class Periodinsurance. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration of the promises made payments and benefits described in this your Retirement Agreement, which you acknowledge includes all benefits and upon the Effective Date other amounts and the payment by ▇▇▇▇▇ Fargo perquisites of the Maximum Settlement Amountany kind owing to you under your Employment Agreement, each Settlement Participant you hereby forever discharges release and releases discharge the Company and its subsidiaries, affiliates, officers, directors, employees, agents, and their successors and assigns (the “Group Released Parties Parties”) from any and all suits, actions, causes of action, claims, allegations, rights, obligations, liabilities, or demands for unpaid wages charges (including overtime wages)collectively, damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims “Claims”) that were you may have or could have been asserted in the Lawsuit future claim to have had, whether known or that are based on or arise out of the facts alleged in unknown, related to any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period Employment Matter (as defined in Paragraphs 1.49 and 1.47 aboveyour Employment Agreement). Without limitation, whichever is released Claims include (1) Claims for compensation, bonuses, or benefits, (2) Claims under any compensation plan or arrangement maintained by any member of the earlier date, through June 20, 2018, Group (including without limitation any claims under the FLSA and Company’s and/or Central Pacific Bank’s long-term executive incentive program or under any applicable stateother contingent, countyperformance-based plan or program of the Company and/or Central Pacific Bank), (3) Claims for wrongful, constructive, or local unlawful discharge, (4) Claims for unlawful discrimination, (5) Claims for unlawful harassment or retaliation for asserting protected rights, (6) Claims related to whistleblowing, (7) Claims for emotional distress, defamation, negligence, misrepresentation, fraud, interference with business relations or economic advantage, unfair or deceptive trade practices, unlawful restraints on competition, infliction of emotional distress, breach of express or implied contract, promissory estoppel, assault, battery, pain and suffering, and loss of consortium, (8) Claims for punitive or exemplary damages, (9) Claims for violations of any of the following acts or laws: the Equal Pay Act, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or Title VII of the regular rate Civil Rights Act of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“Released ClaimsADEA”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to Americans with Disabilities Act of 1991, the employment Employee Retirement Income Security Act of Participating Collective Members and Participating Class Members while they were employed in 1974, the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Fargo Act, the Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, Hawaii’s Whistle Blowers Protection Act, Hawaii’s Employment Practices Law, Hawaii’s Payment of the Maximum Settlement AmountWages Law, this Agreement will be binding onHawaii’s Wage and Hour Law, Hawaii’s Temporary Disability Insurance Law, Hawaii’s Prepaid Health Care Act, Hawaii’s Dislocated Workers’ Act, Hawaii’s Occupational Safety and Health Law, and have res judicata and preclusive effect in the Lawsuit and any and Hawaii’s Family Leave Law (including all other pending and future lawsuits or other proceedings that seek amendments to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4these acts or laws), and (10) Claims for violations of any other federal, state, or municipal fair employment statutes or laws. The Parties acknowledge and agree that the Released This Release applies to all Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement asserted or which could have been reached by asserted up to the Parties without itdate you sign this Release.

Released Claims. 12.1In exchange for the consideration set forth in this Settlement Agreement, Plaintiffs, the Settlement Class Members, and PAGA Members agree to release those claims set forth herein. In further consideration . regardless of whether you opt out of the promises made in this AgreementSettlement. The Settlement Class Members will be bound by the following release: respective former and present representatives, agents, attorneys, heirs, administrators, successors, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amountassigns, each Settlement Participant hereby forever discharges and releases the release Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages)debts, damagesliabilities, reimbursementsdemands, unpaid advancesobligations, civil and/or statutory penalties, liquidated damagespremium pay, punitive damagesguarantees, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nexpenses, and/or equitable relief in any way growing out atto action of their work in a Covered Position for any whatever kind or nature, whether known or unknown, contingent or accrued, and all claims irrespective of theory of recovery, that were or could have been asserted reasonably brought based on the facts or claims alleged in the Lawsuit or that Operative Complaint, arising during the Class Period, irrespective of recovery. The released claims include, but are based on or arise out of the facts not limited to, claims for any alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business- related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely mannerduring employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. . have paid the Gross Settlement, all PAGA Members will be barred from asserting PAGA claims against Defendants, whether or not they exclude themselves from the Settlement. This means that all PAGA Members, including upon employment termination; misclassification those who are Settlements Class Members and those who opt-out of employees as exempt employeesthe Class Settlement, independent contractorscannot sue, continue to sue, or participate in any other form of non-employee workers; and contributions to any 401(k) PAGA claim against Defendants or other retirement or employee benefit plan its related entities based on any payments made the PAGA Period facts alleged in the Action and resolved by reason of this Agreement (collectively, the “Released Claims”)Settlement. Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that The PAGA Members' Releases for Participating and Non-Participating Class Members who are as follows: All PAGA Members and the State of California are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged during the PAGA Period, based on the facts stated in the Operative Complaint and the PAGA Notice, irrespective of theory of recovery, including, but not Participating Collective Members shall not release limited to, claims for civil penalties for any alleged failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business-related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely during employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. Wheel Pros, LLC, and Mobile Hi-Tech Wheels, Inc., and each of their claims predecessors, successors, subsidiaries, parent companies, other corporate affiliates, and assigns, and all of their owners, shareholders, members, officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, successors and assigns, and any other persons acting by, through, under or in concert with any of them. If you do NOT exclude yourself from the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as Class by following the procedures set forth in Paragraph 13.1this Notice and the Court approves the proposed Settlement, you will be deemed to have entered into the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released PartiesSettlement Agreement. If you are also a PAGA Member, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo you opt out of the Maximum Settlement AmountSettlement, this Agreement you will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by release the Released PAGA Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any receive a share of the Released ClaimsPAGA Member Payment. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1​ (i) Genentech. In further consideration of the promises made in this AgreementGenentech hereby irrevocably releases, acquits and forever discharges Coherus, Bioeq, their Affiliates, and upon the Effective Date their respective successors, assigns, directors, officers employees, customers, suppliers, and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties distributors from any and all suitspast and present (as of the Effective Date) disputes, potential disputes, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)arbitrations, charges, complaints, legal responsibilities, damages, reimbursementsjudgments, unpaid advancesclaims, civil and/or statutory injuries, liabilities, penalties, liquidated damagesfines, losses, bonds, bills, expenses, and demands whatsoever, whether at law or in equity, whether known or unknown, suspected or unsuspected, contingent or matured, and whether accrued or unaccrued, including, without limitation, claims for compensatory, equitable or injunctive relief, general, specific or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nlosses, and/or equitable relief expenses and compensation, arising out of or relating to any Licensed Product (“Genentech Released Claims”). This release and this discharge covers all such Genentech Released Claims of every kind whatsoever, existing as of the Effective Date, matured or unmatured, direct or indirect, absolute or contingent, and whether or not contemplated or asserted by Genentech relating in any reasonable way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in to the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC)aforementioned Genentech Released Claims, from the beginning of time through and including the Collective Period or Applicable Class Period Effective Date. ​ (ii) Coherus. Coherus hereby irrevocably releases, acquits and forever discharges Genentech and its respective successors, assigns, directors, officers employees, customers, suppliers, and distributors from any and all past and present (as defined of the Effective Date) disputes, potential disputes, actions, causes of action, suits, arbitrations, charges, complaints, legal responsibilities, damages, judgments, claims, injuries, liabilities, penalties, fines, losses, bonds, bills, expenses, and demands whatsoever, whether at law or in Paragraphs 1.49 equity, whether known or unknown, suspected or unsuspected, contingent or matured, and 1.47 above)whether accrued or unaccrued, whichever is the earlier dateincluding, through June 20without limitation, 2018claims for compensatory, including without limitation any claims under the FLSA equitable or injunctive relief, general, specific or punitive damages, costs, losses, expenses and any applicable statecompensation, county, arising out of or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions relating to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement Licensed Product (collectively, the “Coherus Released Claims”). Notwithstanding the foregoing, nothing in This release and this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the discharge covers all such Coherus Released Claims apply only of every kind whatsoever, existing as of the Effective Date, matured or unmatured, direct or indirect, absolute or contingent, and whether or not contemplated or asserted by Coherus relating in any reasonable way to the employment aforementioned Coherus Released Claims, from the beginning of Participating Collective Members time through and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon including the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement ParticipantsDate. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.​

Released Claims. 12.1. In further consideration of the promises made payment by the Company to me of the Severance Pay described in this Section 3.a. of the separation agreement between me and Analogic Corporation dated and effective as of January 29, 2008 (the “Separation Agreement”), and in consideration of the Health Benefit and career transition services to be provided at the Company’s expense pursuant to Sections 3.a. and 3.c. of the Separation Agreement, which Severance Pay, Health Benefit and upon the Effective Date and the payment by ▇career transition services I acknowledge I would not otherwise be entitled to receive, I, ▇▇▇▇ Fargo ▇. Van Adzin, for myself and my heirs, executors, administrators, representatives, successors and assigns, hereby fully, forever, and unconditionally release, acquit, and discharge the Company and its subsidiaries, other affiliated entities, predecessors, successors, and assigns, and the officers, directors, shareholders, holders of any interest, principals, employees, employee benefit plans (except to the Maximum Settlement Amountextent that the Separation Agreement provides for benefits or rights to be provided to me under any such plans), attorneys, fiduciaries, agents and other representatives of or in each Settlement Participant hereby forever discharges of them (the “Released Parties”) of and releases the Released Parties from any and all suitsclaims, charges, complaints, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)rights, debts, sums of money, agreements, covenants, contracts, promises, omissions, representations, accounts, reckonings, obligations, damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nliabilities, and/or equitable relief expenses, and demands (the previously listed items being sometimes referred to collectively in this Release as “Claims”) of any way growing out kind and nature whatsoever, whether known, unknown, presently existing, contingent, or conditional, in law or in equity, which I ever had or now have against the Released Parties, for or by reason of their work in a Covered Position for any and all claims that were matter, cause, or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), thing whatsoever from the beginning of the Collective Period or Applicable Class Period world to the date on which I am signing this Release, including, but not limited to, any and all Claims arising out of my employment at, and/or separation from, the Company (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that canwhich Released Claims shall include, but not be released as a matter of lawlimited to, including that Participating Class Members who are not Participating Collective Members shall not release their claims any Claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth or in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer connection with any or all of the Collective Period or Applicable Class Periodfollowing: i. The Massachusetts Fair Employment Practices Act, which includes Massachusetts General Law, Chapter 15lB, as amended; the Massachusetts Privacy Statute, ▇.▇. ▇. 214, § 1B, as amended; the Massachusetts Wage Payment Statute, ▇.▇. ▇. 149, § 148 et seq., as amended; the Massachusetts Sexual Harassment Statute, ▇.▇. ▇. 214, § 1C, as amended; the Massachusetts Consumer Protection Act, ▇.▇. ▇. 93A, as amended; the Massachusetts Civil Rights Act, ▇.▇. ▇.▇▇, § ▇▇▇ ▇▇▇ § ▇▇▇, as amended; the Massachusetts Equal Rights Act, ▇.▇. ▇. 93, § 102, as amended; and the Massachusetts Workers Compensation Statute, G.L.c. 152; 12.2ii. The Notices of Settlement will state that Age Discrimination in order to grant a full and complete release of all Released Claims in favor of Employment Act, 29 U.S.C. § 621 et seq., as amended by the Released PartiesOlder Workers Benefit Protection Act, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released29 U.S.C. § 626 et seq.; 12.3iii. Upon the Effective Date and the payment by The Americans with ▇▇▇▇▇▇▇▇▇▇▇▇ Fargo ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇ et seq.; iv. The Employee Retirement Income and Security Act, 29 U.S.C. § 1001, et seq.; v. The Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; vi. Sections 1981 through 1988 of Title 42 of the Maximum Settlement AmountUnited States Code, this Agreement will as amended; vii. The Equal Pay Act of 1963, Public Law 88-38; viii. The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.: ix. The National Labor Relations Act, 29 U.S.C. § 151 et seq.; x. The Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; xi. The Rehabilitation Act, 29 USC. § 701 et seq.; xii. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e et seq.; xiii. The Worker Adjustment and Retraining Notification Act of 1988, 29 U.S .C. § 2101 et seq.; xiv. Any other federal, state, or local law, including any attorneys’ fees that could be binding onawarded in connection with these or any other Claims; xv. Any and all common-law Claims under contract, quasi-contract or tort theories, including, but not limited to: A. Breach of contract, breach of an express or implied promise, breach of the implied covenant of good faith and fair dealing, or breach of fiduciary duty; B. lnterference with contractual relations; C. Promissory estoppel, or quantum meruit; D. Breach of employee handbooks, manuals, or other policies; E. Any Claim under or associated with any of the Company’s equity compensation plans or arrangements, including any Claim with respect to any stock options and restricted stock awards, but excluding any Claims with respect to or arising under the provisions of Section 3(f) of the Separation Agreement, and have res judicata any Claim under or associated with any other employee compensation or benefit plan, including but not limited to the Company’s Severance Plan for Management Employees, but excluding any Claims with respect to or arising under the provisions of Sections 3(a), 3(b), and/or 4(a) of the Separation Agreement; F. Assault or battery; G. Invasion of privacy or disclosure of private or protected personal information; H. False imprisonment; I. Intentional or negligent misrepresentation, or fraud; J. Retaliation, or intentional or negligent infliction of emotional distress; K. Defamation (including all forms of libel, slander, and preclusive effect self-defamation); L. Wrongful discharge, or wrongful discharge in the Lawsuit and any and all violation of public policy; M. Negligence, including negligent hiring, retention, or supervision; N. Any other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding Claim based on any theory, whether developed or undeveloped, arising from or related in any way to my employment or the termination of my employment at the Released ClaimsCompany, or any other fact or matter occurring prior to my signing this Agreement; O. Any other Claim arising under or related to any other federal, state, or local human rights, civil rights, wage-hour, pension, labor or employment laws, rules, or regulations, other public policy; and/or P. Any other Claim arising under common law or in equity. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further addition to the dismissal of the Action, as set forth in the Stipulation And Order, and in consideration of the promises made representations, warranties, and covenants contained in this Settlement Agreement and the License Agreement, Neos and Actavis make the following releases, which shall be effective upon the Effective Date and the payment by ▇▇▇▇▇ Fargo entry of the Maximum Settlement AmountStipulation And Order by the Court in the Action: (a) Actavis for itself and its Affiliates hereby irrevocably releases and discharges Neos and its Affiliates, each Settlement Participant hereby forever discharges predecessors, successors, assigns, directors, officers, employees, agents, suppliers, distributors, importers, manufacturers, and releases the Released Parties customers from any and all suits, actions, causes of action, demands, claims, or demands for unpaid wages (including overtime wages), damages, reimbursementsand liabilities of any nature, unpaid advanceswhether known or unknown, civil arising between Actavis and/or statutory penaltiesits Affiliates and Neos and/or its Affiliates from or in connection with the Action, liquidated damagesANDA 209253, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io nthe generic products described by ANDA 209253, and/or equitable relief in any way growing out of their work in a Covered Position for any Neos’s ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablet products and accruing or occurring prior to the Execution Date, including, without limitation, all claims claims, defenses, and/or counterclaims that were Actavis and/or its Affiliates have asserted or could have been asserted in the Lawsuit Action or in any other court or patent office proceeding in connection with ANDA 209253 or the products described by ANDA 209253 that are based on or arise out any of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC)Licensed Patents, from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 abovethe License Agreement, is invalid, unenforceable, not properly listed in CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Approved Drug Products With Therapeutic Equivalence Evaluations (“the Orange Book”), whichever is not subject to the earlier dateproper use codes in the Orange Book, through June 20, 2018, including without limitation any claims under and/or not infringed by the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal filing of ANDA 209253 and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for the sale of the generic products described by ANDA 209253 in the Territory (all time worked; failure to properly calculate compensable time worked or of the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (above collectively, the “Actavis Released Claims”). Notwithstanding For the foregoingavoidance of doubt, nothing in the release granted under this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members Section 5(a) shall not release their claims under apply to any product aside from the FLSAproducts described by ANDA 209253 or NDA 204326, or to any ANDA other than ANDA 209253. Except for Plaintiffs and Opt-In Plaintiffs as Actavis retains all rights set forth in Paragraph 13.1Section 10 of the License Agreement. (b) Neos for itself and its Affiliates hereby irrevocably releases and discharges Actavis and its Affiliates, predecessors, successors, assigns, directors, officers, employees, agents, suppliers, distributors, importers, manufacturers, and customers from all causes of action, demands, claims, damages, and liabilities of any nature, whether known or unknown, arising between Neos and/or its Affiliates and Actavis and/or its Affiliates from or in connection with the Action, ANDA 209253, the generic products described by ANDA 209253, and/or Neos’s ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablet products and accruing or occurring prior to the Execution Date, including, without limitation, all claims that Neos and/or its Affiliates have asserted or could have asserted in the Action or in any other proceeding that any of the Licensed Patents, as defined in the License Agreement, is infringed by ANDA 209253 and/or the sale of the generic products described by ANDA 209253 in the Territory (all of the above collectively, the “Neos Released Claims”). For the avoidance of doubt, the release granted under this Section 5(b) shall not apply to any product aside from the products described by ANDA 209253 or NDA 204326, or to any ANDA other than ANDA 209253. Neos retains all rights set forth in Section 10 of the License Agreement. (c) this Agreement shall constitute a final settlement between the Parties in the Territory in connection with the Action and ANDA 209253, and neither Actavis nor its Affiliates shall institute any new challenge or litigation against Neos and/or its Affiliates with respect to any of the Licensed Patents, as defined in the License Agreement, and ANDA 209253, or actively assist or cooperate with any other party in any such challenge or litigation unless so ordered by the Court or compelled by law. Notwithstanding this Section 5, Actavis may (1) re-certify and/or maintain a “Paragraph IV Certification” in the Actavis ANDA (as defined in the License Agreement) with respect to the Licensed Patents or amend the Actavis ANDA to contain a “Paragraph IV Certification” with respect to any patent listed in the Orange Book for ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablets (and send corresponding notice of such certification); (2) challenge the infringement, validity, enforceability or patentability of any claim of the Licensed Patents in any litigation or proceeding in any court with respect to any product other than the Licensed Products (as defined in the License Agreement) or any ANDA other than the Actavis ANDA; or (3) file a petition with the U.S. Patent and Trademark Office requesting reexamination, inter partes review, or other post grant review of any claims of any Licensed Patents for which Neos or its Affiliates initiates a district court litigation against Actavis with a claim of infringement with respect to any product other than the Licensed Products, as defined by the License Agreement, or any ANDA other than the Actavis ANDA. Further, notwithstanding this Section 5, the Neos Released Claims apply only to do not preclude Neos from asserting infringement of any of the employment of Participating Collective Members and Participating Class Members while they were employed Licensed Patents, as defined in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that License Agreement, in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on against Actavis and/or any of its Affiliates involving any Actavis product other than the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (Licensed Products, as defined in Paragraph 28 belowthe License Agreement. (d) of this Agreement and that no settlement could have been reached Neither Party shall release any agent or consultant retained by the Parties without itParty in connection with the Action or any attorney who represented such Party in the Action from maintaining the CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. confidentiality of non-public information to which such agent, consultant or attorney had access in connection with the Action or grant any waivers with respect to such maintenance, unless so ordered by the Court or compelled by law; and (e) to the extent necessary, each Party shall cooperate with the other to enforce the obligations of such agents, consultants, or attorneys referred to under Section 5(d) herein.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, 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, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- Wendover Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), 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 Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the Wendover Settlement Class Members’ PCC- Wendover Loans; (2) any activities of the facts Released Persons with respect to the PCC-Wendover Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above)fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute or merchandising practices act, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, 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-employee workers32; 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 contributions to any 401(kthe Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; (3) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectivelythe review, the “Released Claims”). Notwithstanding the foregoingunderwriting, nothing in this provision releases any claim that cannot be released as a matter of laworigination, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1purchase, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer sale, servicing, collection and/or satisfaction of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment PCC-Wendover Loans; and/or (4) any conduct undertaken by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4Persons to defend the Litigation. The Parties acknowledge and agree that It is the intention of the Releasors to provide a general release of the Released Claims is a Material Term (as defined against the Released Persons; provided, however, that anything in Paragraph 28 below) of this Agreement and to the contrary notwithstanding, the term Released Claims does not include: (1) any claims of any kind or type of the Releasors against any person, association or entity that no settlement could have been reached is not a Released Person, whether such claims arise out of or relate to PCC-Wendover 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 Parties without itfact that the loan, in whole or in part, was purchased by, assigned or conveyed to, or otherwise owned and/or held or serviced by Wendover; and/or (3) any claims of any kind or type by any Non-Wendover Plaintiff Borrower with respect to the PCC Loans.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, 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, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- DBNTC Trusts Loans and which any one or more of the Releasors have had, or now have, against the Released Persons, as defined in Paragraph 2.30, from the beginning of time up through and including the Effective Date (“Claims”), 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 Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the DBNTC Trusts Settlement Class Members’ PCC-DBNTC Trusts Loans; (2) any activities of the facts Released 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 in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above)fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, 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-employee workers32; 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 contributions to the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any 401(k) or other retirement or employee benefit plan based on any payments made conduct undertaken by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4Persons to defend the Litigation, including but not limited to, any alleged improper discovery conduct and/or any request for sanctions in this Litigation. The Parties acknowledge and agree that It is the intention of the Releasors to provide a general release of the Released Claims is a Material Term (as defined against the Released Persons; provided, however, that anything in Paragraph 28 below) of this Agreement and to the contrary notwithstanding, the term Released Claims does not include: (1) any claims of any kind or type of the Releasors against any person, association or entity that no settlement could have been reached is not a Released Person, 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 Parties without itfact 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 the PCC Loans.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, 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, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- Preferred Trusts Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.41, from the beginning of time up through and including the Effective Date (“Claims”), 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 Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the Preferred Trusts Settlement Class Members’ PCC-Preferred Trusts Loans; (2) any activities of the facts Released Persons with respect to the PCC-Preferred Trusts Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above)fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, 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-employee workers32; 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 contributions to the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any 401(k) or other retirement or employee benefit plan based on any payments made conduct undertaken by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4Persons to defend the Litigation, including but not limited to, any alleged improper discovery conduct and/or any request for sanctions in this Litigation. The Parties acknowledge and agree that It is the intention of the Releasors to provide a general release of the Released Claims is a Material Term (as defined against the Released Persons; provided, however, that anything in Paragraph 28 below) of this Agreement and to the contrary notwithstanding, the term Released Claims does not include: (1) any claims of any kind or type of the Releasors against any person, association or entity that no settlement could have been reached is not a Released Person, whether such claims arise out of or relate to PCC-Preferred 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 Parties without itfact 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; and/or (3) any claims of any kind or type by any Non-Preferred Trusts Plaintiff Borrower with respect to the PCC Loans.

Released Claims. 12.1. In further consideration For valuable and sufficient consideration, receipt of the promises made in this Agreementwhich is hereby acknowledged, and upon with the Effective Date sole exception of those obligations expressly recited herein or to be performed hereunder and of Executive’s claims to vested interests Executive may have in employee benefit plans, stock options or other equity-based awards as defined exclusively in written documents, and to the payment extent permitted by ▇▇▇▇▇ Fargo of law, Executive and Executive’s heirs, successors and assigns do hereby and forever release and discharge the Maximum Settlement AmountCompany and its affiliated entities and their past and present directors, each Settlement Participant hereby forever discharges officers, employees, agents, accountants, attorneys, representatives, successors and releases the Released Parties assigns from any and all suits, actions, causes of action, claimsactions, or demands for unpaid wages (including overtime wages)judgments, liens, indebtedness, damages, reimbursementslosses, unpaid advancesclaims, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief liabilities and demands of whatsoever kind and character in any way growing manner whatsoever arising prior to the date of this Agreement (all such claims are referred to in this Agreement as “Released Claims”). Released Claims include but are not limited to the following, and Executive agrees that Executive will not commence or maintain any civil proceeding to pursue any of the Released Claims: (a) Any claim arising out of their work in a Covered Position Executive’s employment with the Company or any of its subsidiaries or affiliates or termination of employment, including claims for any and all claims that were breach of contract, breach of implied covenant, breach of oral or could have been asserted in written promise, allegedly unpaid compensation, wrongful termination, retaliation, infliction of emotional distress, defamation, interference with contract relations or prospective economic advantage, negligence, misrepresentation or employment discrimination; (b) Any claim for alleged violations of Title VII of the Lawsuit or that are Civil Rights Act of 1964 prohibiting discrimination based on race, color, religion, sex or arise national origin, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act) prohibiting discrimination based on age over 40, the Americans With Disabilities Act prohibiting discrimination based on disability, the Fair Labor Standards Act, the Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, the Nevada Fair Employment Practices Act (NRS 613.010 et seq.), any state statutory wage claim under Chapter 608 of the Nevada Revised Statutes, or any other federal, state or local labor, fair employment or other law under which a claim might be brought were it not released here, all as amended from time to time; (c) Any claim (irrespective of the theory or nature thereof) arising out of the facts alleged in or relating to Executive’s role, service or status as an officer, director, stockholder (including all direct or derivative claims of any version nature), optionholder, holder of restricted securities or performance stock units, agent or representative of the complaints filed in Company or any of its subsidiaries or affiliates; (d) Any claim arising out of or relating to the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning purchase or sale of any securities of the Collective Period Company; (e) Any other claim relating to Executive’s employment or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above), whichever is the earlier date, through June 20, 2018termination of that employment, including without limitation any claims that arose under the FLSA Employment Agreement; and (f) Any other claim, cause of action, action, judgment, lien, indebtedness, damage, loss, liability or demand of whatsoever kind and any applicable statecharacter against the Company and its affiliated entities and their past and present directors, countyofficers, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsagents, or any other form of non-employee workers; accountants, attorneys, representatives, successors and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Periodassigns. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, 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, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- Countrywide Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), 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 Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the Countrywide Settlement Class Members’ PCC-Countrywide Loans; (2) any activities of the facts Released Persons with respect to the PCC- Countrywide Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above)fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, 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-employee workers32; 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 contributions to the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any 401(k) or other retirement or employee benefit plan based on any payments made conduct undertaken by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4Persons to defend the Litigation, including but not limited to, any alleged improper discovery conduct and/or any request for sanctions in this Litigation. The Parties acknowledge and agree that It is the intention of the Releasors to provide a general release of the Released Claims is a Material Term (as defined against the Released Persons; provided, however, that anything in Paragraph 28 below) of this Agreement and to the contrary notwithstanding, the term Released Claims does not include: (1) any claims of any kind or type of the Releasors against any person, association or entity that no settlement could have been reached is not a Released Person, whether such claims arise out of or relate to PCC-Countrywide 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 Parties without itfact that the loan, in whole or in part, was purchased by, assigned or conveyed to, or otherwise owned and/or held by Countrywide; (3) any claims of any kind or type by any Non-Countrywide Plaintiff Borrower with respect to the PCC Loans; and/or (4) any claims of any kind or type against Countrywide or any other entity, as the purchaser, assignee, owner, holder and/or trustee of a PCC Loan other than the PCC- Countrywide Loans and/or as the servicer and/or master servicer of any PCC Loans other than the PCC-Countrywide Loans.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, 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, multiple damages, interest, attorneys’ fees, litigation costs, restitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC-LaSalle Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), 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 Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the LaSalle Settlement Class Members’ PCC-LaSalle Loans; (2) any activities of the facts Released Persons with respect to the PCC-LaSalle Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 above)fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, 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-employee workers32; 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 contributions to the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any 401(k) or other retirement or employee benefit plan based on any payments made conduct undertaken by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4Persons to defend the Litigation, including but not limited to, any alleged improper discovery conduct and/or any request for sanctions in this Litigation. The Parties acknowledge and agree that It is the intention of the Releasors to provide a general release of the Released Claims is a Material Term (as defined against the Released Persons; provided, however, that anything in Paragraph 28 below) of this Agreement and to the contrary notwithstanding, the term Released Claims does not include: (1) any claims of any kind or type of the Releasors against any person, association or entity that no settlement could have been reached is not a Released Person, whether such claims arise out of or relate to PCC-LaSalle 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 Parties without itfact that the loan, in whole or in part, was purchased by, assigned or conveyed to, or otherwise owned and/or held by LaSalle; (3) any claims of any kind or type by any Non-LaSalle Plaintiff Borrower with respect to the PCC Loans; and/or (4) any claims of any kind or type against LaSalle or any other entity, as the purchaser, assignee, owner, holder and/or trustee of a PCC Loan other than the PCC-LaSalle Loans and/or as the servicer and/or master servicer of any PCC Loans other than the PCC- LaSalle Loans.