Specific Release. a. In consideration of the terms and provisions of this AGREEMENT, the sufficiency of which is acknowledged by the execution of this AGREEMENT, and except as provided in this AGREEMENT, ▇▇▇▇▇▇▇▇ shall, and by this AGREEMENT does, fully and forever relieve, release, and discharge TRESTLE and any of their respective parents, subsidiary and affiliated companies, successors, assigns, owners, directors, officers, partners, employees, employee benefit plans or fiduciaries, agents, and stockholders, and each of them, and any and all related individuals and entities, if any, in any and all capacities, of any and all debts, liabilities, demands, obligations, promises, acts, contracts, costs, expenses, attorneys’ fees, damages, actions, and causes of action of every nature, character, and description arising out of, in connection with, or relating to BORSANYI’s RELEASED CLAIMS, including but not limited to any claim under federal, state, or local law of discrimination on the ground of race, age, national origin, gender, disability, sexual orientation, ancestry, handicap, union membership, or marital or veteran status, or of any common law or statutory claim of unpaid wages, benefits, or vacation pay, or of wrongful termination, or constructive wrongful termination, or any other adverse action arising from employment (including but not limited to any claim for emotional distress, wages, bonus pay, severance pay, vacation pay, holiday pay, stock options, stock purchase or sale, or other fringe benefit). ▇. ▇▇▇▇▇▇▇▇ further agrees that, except for purposes of enforcing this AGREEMENT, he shall not in the future institute any grievance, suit, charge, complaint, claim, or cause of action at law, in equity, or otherwise, against TRESTLE in any court of the United States or any state, or before any administrative agency of either the United States (except the Equal Employment Opportunity Commission) or any state, county or municipality, or before any other arbitrator or panel of arbitrators or tribunal, public or private, in the United States or in any other country, arising out of, in connection with, or relating to BORSANYI’s RELEASED CLAIMS, or any part of those claims. ▇. ▇▇▇▇▇▇▇▇ affirms by executing this AGREEMENT that he has filed no charge with the United States Equal Employment Opportunity Commission (“EEOC”) against TRESTLE related to or arising out of BORSANYI’s employment with TRESTLE or the termination of that employment. ▇▇▇▇▇▇▇▇ further agrees he will not personally recover monies as a consequence of filing any future charge with the EEOC against TRESTLE. Nothing in this AGREEMENT, however, shall restrict BORSANYI’s ability to testify in any suit, hearing, or investigation which ▇▇▇▇▇▇▇▇ has not personally commenced and that testimony is compelled by subpoena or other operation of law. ▇▇▇▇▇▇▇▇ further affirms that he has not filed and does not intend to file any claim for any work-related injury or other injury subject to the California workers’ compensation scheme and benefits. d. In consideration of the terms and provisions of this AGREEMENT, the sufficiency of which is acknowledged by the execution of this AGREEMENT, and except as provided in this AGREEMENT, TRESTLE shall, and by this AGREEMENT does, fully and forever relieve, release, and discharge ▇▇▇▇▇▇▇▇ of any and all debts, liabilities, demands, obligations, promises, acts, contracts, costs, expenses, attorneys’ fees, damages, actions, and causes of action of every nature, character, and description arising out of, in connection with, or relating to TRESTLE’s RELEASED CLAIMS. e. TRESTLE further agrees that, except for purposes of enforcing this AGREEMENT, it shall not in the future institute any grievance, suit, charge, complaint, claim, or cause of action at law, in equity, or otherwise, against ▇▇▇▇▇▇▇▇ in any court of the United States or any state, or before any administrative agency of either the United States or any state, county or municipality, or before any other arbitrator or panel of arbitrators or tribunal, public or private, in the United States or in any other country, arising out of, in connection with, or relating to TRESTLE’s RELEASED CLAIMS, or any part of those claims.
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Sources: Consultancy Agreement (Trestle Holdings Inc), Consultancy Agreement (Trestle Holdings Inc)