Common use of Settlement and Release Clause in Contracts

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing release.

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, FastFunds and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) Company Affiliates hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, Note Holders and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) Note Holder Affiliates from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders FastFunds or the Note Holder Company Affiliates now have or may hereafter accrue against FastFunds, Equitex Note Holders or the Company Note Holder Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds Note Holders or the Company Note Holder Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders FastFunds or the Note Holder Company Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex the Note Holders or the Company Note Holder Affiliates (all of which are hereinafter referred to as the "Released Note Holder Company Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex the Note Holders to perform this Agreement are specifically excluded from the foregoing release. The Released Note Holder Claims and the Released Company Claims may hereafter be referred to together as the “Released Claims.”

Settlement and Release. In consideration (a) Employee hereby fully and completely releases and waives and forever discharges the Company from any and all claims, complaints, causes of action or demands of whatever kind, known or unknown, suspected or unsuspected, which exist or may exist as of the forgoing securitieseffective date of this Agreement arising out of any actions, each conduct, decisions, behavior, or events occurring prior to the execution of this Agreement, including without limitation any and all claims, complaints, causes of action or demands relating in any way to the terms, conditions and circumstances of Employee's employment, the resignation by Employee as an officer of the Note HoldersCompany and other capacities in which he served at the request of the Company, or Employee's ownership of shares of common stock of the Company or options or other rights to purchase shares of such common stock, whether based on state or federal statutory or common law claims for employment discrimination (including age, sex and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933disability discrimination), wrongful discharge, breach of contract, negligence or other breach of duty, fraud, negligent or intentional misrepresentation, negligent or intentional infliction of emotional distress, defamation, promissory estoppel, breach of express or implied promise, breach of public policy, failure to pay wages or other benefits, or any other theory, whether legal or equitable. Employee makes this release on behalf of himself, his estate and his heirs, personal representatives, administrators, executors, successors and assigns, and his release of the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporationsCompany extends to its successors, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, insurers and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any affiliates and all pastpast and present directors, present or future claimsofficers, demands, liabilities, actions, causes employees and agents of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits such persons and companies. (b) Employee hereby agrees to sign and deliver to Company at the end of every kind or nature which the Note Holders or work day on the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or effective date of resignation specified in Section 1 a Release in the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or same language as that used in any way related to the Section 9 (a) above. The "effective date" of this Agreement shall be the Notes; first working day following the expiration of the twenty-one (b21) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection day rescission period associated with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment first release set forth in Section 9(a), provided Employee does not exercise his right of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing releaserescission.

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) FastFunds hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) Note Holders from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates FastFunds now have or may hereafter accrue against FastFunds, Equitex or the Company AffiliatesNote Holders, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company AffiliatesNote Holders; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates FastFunds asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates Note Holders (all of which are hereinafter referred to as the "Released Note Holder Company Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex the Note Holders to perform this Agreement are specifically excluded from the foregoing release. The Released Note Holder Claims and the Released Company Claims may hereafter be referred to together as the “Released Claims.”

Settlement and Release. In For the consideration of expressed in this Separation Agreement, Employee hereby fully and completely releases and waives and forever discharges the forgoing securitiesCompany, each of the Note Holdersits predecessors, and their successors, assigns, parents, affiliates, subsidiaries, related companies, officers, directors, employeesshareholders, agents, attorneysservants, stockholderscounsel, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officersexecutives, directors, employeesshareholders, agents, attorneysemployees, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under any retirement or welfare benefit plans offered by the Securities Act Company and any trustee or administrator of 1933), representatives, successors and assignsany such plans, and the heirs, successors and assigns thereof insurers (collectively, the collectively referred to as “Company AffiliatesReleased Parties”) from any and all past, present or future claims, demands, liabilities, actionscomplaints, causes of actionaction or demands of whatever kind, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliates, whether known or unknown, asserted suspected or unassertedunsuspected, absolute which exist or contingentmay exist up through the date Employee signs this Separation Agreement arising out of any actions, accrued conduct, decisions, behavior, or events occurring up through the execution of this Separation Agreement, including without limitation any and all claims, complaints, causes of action or demands relating in any way to the hiring of Employee, the terms, conditions and circumstances of Employee’s employment, Employee’s compensation WHILE employed with the Company, the cessation of Employee’s employment with the Company, and any other actions, decisions, alleged omissions, or events occurring up through the date Employee signs this Separation Agreement. Employee understand and agrees that Employee’s release of claims in this Separation Agreement includes, but is not accruedlimited to, any claims Employee may have under: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Family and Medical Leave Act; the Age Discrimination in Employment Act; the Minnesota Human Rights Act; Minn. Stat. § 176.82; Minn. Stat. § 181.81; or any other federal, state, or local statute, ordinance, or law. Employee also understands that Employee is giving up all other claims, whether grounded in contract or tort theories, including but not limited to: wrongful discharge; breach of contract; tortious interference with contractual relations; promissory estoppel; detrimental reliance; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self-publication defamation; discharge in violation of public policy; whistleblower; negligence; intentional or negligent infliction of emotional distress; attorney’s fees; or any other theory, whether legal or equitable, with the exception of those claims which cannot be released under applicable state or federal law. Employee also understands and agrees that Employee is waiving the right to those arising out of, based upon, monetary damages or in other individual legal or equitable relief awarded by any way governmental agency related to any claim against the (a) Released Parties arising from or relating to the Notes; (b) any obligations to make any paymentsCompany’s hiring of Employee, Employee’s employment with the Company, the cessation of Employee’s employment with the Company, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any actions, decisions, alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligenceomissions, or alleged intentionalevents occurring prior to Employee’s signing of this Separation Agreement. Employee makes this release on behalf of Employee, willful or wanton misconduct resulting in any alleged loss; (f) any lost profitsEmployee’s estate and Employee’s heirs, loss of business opportunitiespersonal representatives, lost investment returnsadministrators, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conductexecutors, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; successors and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing releaseassigns.

Settlement and Release. In consideration of the forgoing payments and securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby completely, unconditionally and forever completely and unconditionally release, acquit and forever discharge FastFunds and Equitex and their its officers, directors, employees, agents, attorneys, stock-holdersstockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex the FastFunds or the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes, including the warrants issued with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or which could have asserted against FastFunds, Equitex FastFunds or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing release.

Settlement and Release. In consideration (a) NAS hereby agrees to pay to Covad $450,000.00 in cash (the "SETTLEMENT PAYMENT") in full, final and complete settlement of the forgoing securitiesany and all claims Covad may have against CapuNet and/or NAS and any of their respective past and present affiliates, each of the Note Holders, and their officers, directors, owners, employees, limited or general partners, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, arising out of or in any way connected with the liabilities of CapuNet and/or NAS under, in connection with or with respect to the CapuNet Agreements through the date hereof (the "PRIOR LIABILITIES"). (b) Covad hereby covenants not to sue on, and the heirsfully and forever releases and discharges CapuNet a▇▇ NAS, executorsand any of their respective past and present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any and all pastclaims, present or future claimsliabilities, damages, demands, liabilities, actions, and causes of action, debts, losses, counterclaims, set-offs, liabilities, damages action or suits liabilities of every kind any nature or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliateskind, whether now known or unknown, asserted past, present, or unassertedfuture, absolute arising out of or contingentin any way connected with any action, accrued failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements. This release includes but is not accruedlimited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any and all claims premised on contract, tort, or any other legal theory. Covad expressly waives all rights it may have under Section 1542 of the Civil Code of the State of California, which reads as follows, or any similar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (c) Covad hereby agrees that it will not encourage or assist any individual or entity to assert, prosecute or litigate any claims, liabilities, damages, demands, or causes of action or liabilities of any nature or kind, or to assert, prosecute or file or litigate any judicial or administrative charges or claims arising out of or in any way connected with any action, failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements, including but not limited to those shareholder derivative claims, against CapuNet or NAS or their respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that Covad will provide each other Party with prior notice of any such subpoena or other legal process, and shall give them the opportunity to seek a protective order or take such other similar action to protect against such disclosure. (d) Covad hereby agrees to release the Collateral (as defined in the Note) and to execute and file all documents and take any and all other action that may be necessary or desirable to terminate any security interests or other claims or rights Covad may have in or to the Collateral. (e) CapuNet hereby covenants not to sue on, and fully and forever releases and discharges Covad, an▇ ▇ny of its respective past and present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns from any and all claims, liabilities, damages, demands, and causes of action or liabilities of any nature or kind, whether now known or unknown, past, present, or future, arising out of, based upon, of or in any way related connected with any action, failure to act or obligation occurring, existing or arising prior to the (a) date hereof with respect to the Notes; (b) CapuNet Agreements. This release includes but is not limited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any obligations to make any paymentsand all claims premised on contract, tort, or any other monetary legal theory. CapuNet expressly waives all rights it may have under Section 1542 of non-monetary obligation or performance the Civil Code of any sort arising under Notes the State of California, which reads as follows, or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interestsimilar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (f) CapuNet hereby agrees that it will not encourage or assist any lost profitsindividual or entity to assert, loss of business opportunitiesprosecute or litigate any claims, lost investment returnsliabilities, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claimsdamages, demands, actions, or causes of action or suits which the Note Holders liabilities of any nature or the Note Holder Affiliates assertedkind, attempted or to assert assert, prosecute or could have asserted against FastFundsfile or litigate any judicial or administrative charges or claims arising out of or in any way connected with any action, Equitex failure to act or the Company Affiliates (all of which are hereinafter referred obligation occurring, existing or arising prior to as the "Released Note Holder Claims") up to and including the date hereof; providedhereof with respect to the CapuNet Agreements, howeverincluding but not limited to shareholder derivative claims, against Covad or its respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that CapuNet will provide Covad with prior notice of any such subpoena or other legal process, and shall give them the obligations opportunity to seek a protective order or take such other similar action to protect against such disclosure. (g) NAS hereby covenants not to sue on, and fully and forever releases and discharges Covad, an▇ ▇ny of FastFunds its respective past and Equitex present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns from any and all claims, liabilities, damages, demands, and causes of action or liabilities of any nature or kind, whether now known or unknown, past, present, or future, arising out of or in any way connected with any action, failure to perform this Agreement are specifically excluded from act or obligation occurring, existing or arising prior to the foregoing releasedate hereof with respect to the CapuNet Agreements. This release includes but is not limited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any and all claims premised on contract, tort, or any other legal theory. NAS expressly waives all rights it may have under Section 1542 of the Civil Code of the State of California, which reads as follows, or any similar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (h) NAS hereby agrees that it will not encourage or assist any individual or entity to assert, prosecute or litigate any claims, liabilities, damages, demands, or causes of action or liabilities of any nature or kind, or to assert, prosecute or file or litigate any judicial or administrative charges or claims arising out of or in any way connected with any action, failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements, including but not limited to shareholder derivative claims, against Covad or its respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that NAS will provide Covad with prior notice of any such subpoena or other legal process, and shall give them the opportunity to seek a protective order or take such other similar action to protect against such disclosure.

Settlement and Release. In consideration exchange for payment of salary (in the forgoing securitiesamount of ________) and bonus (in the amount of _________) to ___________ ("Employee"), each of by Storage Technology Corporation ("Company") and other good and valuable consideration, Employee hereby irrevocably and unconditionally releases and discharges the Note HoldersCompany, its past and their present subsidiaries, divisions, officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assignssuccessors, and the heirs, successors assigns (separately and assigns thereof (collectively, the “Company Affiliates”"releasees") jointly and individually, from any and all pastclaims, present known or future unknown, which he/she, his/her heirs, successors or assigns have or may have against releasees and any and all liability which releasees may have to him/her whether denominated claims, demands, liabilities, actions, causes of action, debtsobligations, lossesdamages, counterclaimsor liabilities arising from any and all bases, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accruedhowever denominated, including but not limited to those arising out ofto, based uponany claims of discrimination under the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act, the Rehabilitation Act, the Family Medical Leave Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991 or any federal or state civil rights act, claims for wrongful discharge, breach of contract, or in for damages under any way related to the (a) the Notes; (b) any obligations to make any paymentsother federal, state or local law, rule or regulation, or common law under any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereoftheory; provided, however, that this release does not affect (1) any claims for benefits which have vested or shall vest on or before the obligations effective date of FastFunds this Settlement and Equitex Release ("Release") under any of the Company's benefit plans; (2) any claims for indemnification for acts of Employee which have occurred or may occur as an officer or employee of the Company; or (3) any claims which may arise after the execution of this Release. This release specifically excepts any claim Employee may wish to perform this Agreement make for unemployment compensation, and the Company agrees not to contest any claim made by Employee for unemployment compensation. This release is for any relief, no matter how denominated, including, but not limited to, back pay, front pay, compensatoy damages, punitive damages, or damages for pain and suffering. Employee further agrees that he/she will not file or permit to be filed on his/her behalf any such claim, will not permit himself/herself to be a member of any class seeking relief against the releasees and will not counsel or assist in the prosecution of claims against the releasees, whether those claims are specifically excluded from the foregoing releaseon behalf of himself/herself or others, unless he/she is under a court order to do so.

Settlement and Release. In consideration A. As of the forgoing securitiesEffective Date, NABI, on behalf of itself and each of the Note Holdersits past or present, and their agents, employees, representatives, partners, licensees, attorneys, transferees, predecessors, successors, assigns, owners, shareholders, officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assignsparents, and the heirs, executors, successors and assigns thereof Affiliates (the “Note Holder AffiliatesNABI Releasors”) does hereby forever completely and unconditionally irrevocably release, acquit and forever discharge FastFunds FRESENIUS and Equitex and their each of its past or present agents, employees, representatives, partners, licensees, attorneys, transferrees, predecessors, successors, assigns, owners, shareholders, officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assignsparents, and the heirs, successors and assigns thereof Affiliates (collectively, the “Company AffiliatesFRESENIUS Releasees”) of or from any and all pastdebts, present or future claims, demands, liabilitiessuits, actions, causes of action, debtscontroversies, demands, rights, damages, losses, counterclaimsexpenses, set-offscosts, attorneys’ fees, compensation, liabilities, damages or suits obligations and claims of every kind and nature whatsoever, suspected or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFundsunsuspected, Equitex or the Company Affiliates, whether known or unknown, asserted foreseen or unassertedunforeseen, absolute that the NABI Releasors or contingentany of them may now have or at any time may have had against the FRESENIUS Releasees with respect to the Released Claims, accrued up to and including the Effective Date, provided, however, that nothing set forth herein shall be deemed to affect, release or not accruedwaive any rights against, including but not limited to those arising out and/or obligations of, based uponFRESENIUS as provided in this Agreement including, or notwithstanding the termination of the March 30 Agreement, in respect of any way related breach by FRESENIUS of Section 9 of the March 30 Agreement occurring prior to the Effective Date as contemplated by Section 7.1B. B. Subject only to payment in full by NABI of the amounts specified in Section 5.2A as therein provided, as of the Effective Date, FRESENIUS, on behalf of itself and each of its past or present, agents, employees, representatives, partners, licensees, attorneys, transferees, predecessors, successors, assigns, owners, shareholders, officers, directors, parents, subsidiaries and Affiliates (athe “FRESENIUS Releasors”) does hereby irrevocably release, acquit and forever discharge NABI and each of its past or present agents, employees, representatives, partners, licensees, attorneys, transferrees, predecessors, successors, assigns, owners, shareholders, officers, directors, parents, subsidiaries and Affiliates (the Notes; (b“NABI Releasees”) of or from any obligations to make any paymentsand all debts, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demandssuits, actions, causes of action action, controversies, demands, rights, damages, losses, expenses, costs, attorneys’ fees, compensation, liabilities, obligations and claims of every kind and nature whatsoever, suspected or suits which unsuspected, known or unknown, foreseen or unforeseen, that the Note Holders FRESENIUS Releasors or any of them may now have or at any time may have had against the Note Holder Affiliates assertedNABI Releasees with respect to the Released Claims, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; Effective Date, provided, however, that the nothing set forth herein shall be deemed to affect, release or waive any rights against, and/or obligations of FastFunds and Equitex to perform of, NABI as provided in this Agreement are specifically excluded from including, notwithstanding the foregoing releasetermination of the March 30 Agreement, in respect of any breach by NABI of Section 9 of the March 30 Agreement occurring prior to the Effective Date as contemplated by Section 7.2B. C. For the sake of clarity, neither NABI nor FRESENIUS releases the other under Sections 5.6B or 5.6C, with respect to the indemnity obligations set forth in Section 7 of this Agreement. D. Notwithstanding anything in this Agreement to the contrary, in the event that NABI fails to make the payments required under Section 5.2A as therein provided, this Agreement shall become null and void as if it had never been executed and the parties shall be returned to the positions they were in before this Agreement was executed.