Common use of General Release of Claims by Executive Clause in Contracts

General Release of Claims by Executive. In consideration for and contingent upon the Executive’s receipt of the payments and benefits set forth in Paragraph 4, Sections (a) — (d) above, the Executive, for himself, his attorneys, heirs, executors, administrators, successors, and assigns, does hereby fully and forever release and discharge the Company and its past, current and future affiliated entities, as well as its and their predecessors, successors, assigns, and its and their past, current and former directors, officers, partners, agents, employees, attorneys, and administrators from all suits, causes of action, and/or claims, demands or entitlements of any nature whatsoever, whether known, unknown, or unforeseen, which the Executive has or may have against any of them arising out of or in connection with his employment by the Company, the Employment Agreement, the termination of his employment with the Company, or any event, transaction, or matter occurring or existing on or before the date of his signing this General Release, except that the Executive is not releasing any claims arising under Section 7 of the Employment Agreement, any other right to indemnification that the Executive may otherwise have, or any claims arising after the date of his signing this General Release. The Executive agrees not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. The Executive further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. The Executive represents and warrants that he has not previously filed or joined in any such claims, demands or entitlements against the Company or the other persons or entities released herein and that he will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits. This General Release specifically includes, but is not limited to, all claims of breach of contract, employment discrimination (including any claims coming within the scope of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, all as amended, or any other applicable federal, state, or local law), claims under the Employee Retirement Income Security Act, as amended, claims under the Fair Labor Standards Act, as amended (or any other applicable federal, state or local statute relating to payment of wages), wage orders, claims concerning recruitment, hiring, termination, salary rate, severance pay, stock options, wages or benefits due, sick leave, holiday pay, vacation pay, life insurance, group medical insurance, any other fringe benefits, worker’s compensation, termination, employment status, libel, slander, defamation, intentional or negligent misrepresentation and/or infliction of emotional distress, together with any and all tort, contract, or other claims which might have been asserted by the Executive or on his behalf in any suit, charge of discrimination, or claim against the Company or the persons or entities released herein. The Executive and the Company acknowledge that different or additional facts may be discovered in addition to what the Executive and the Company now know or believe to be true with respect to the matters released in this General Release and the Executive and the Company agree that this General Release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different or additional facts.

General Release of Claims by Executive. In consideration for and contingent upon the Executive’s receipt of the payments and benefits (a) Except as otherwise set forth in Paragraph 4this Release, Sections (a) — (d) above, the Executive, for himself, on behalf of himself and his attorneysexecutors, heirs, executors, administrators, successors, representatives and assigns, does hereby fully agrees to release and forever release and discharge the Company and its pastall predecessors, current successors and future affiliated their respective parent corporations, affiliates, related and/or subsidiary entities, as well as its and all of their predecessorspast and present investors, successorsdirectors, assigns, and its and their past, current and former directorsshareholders, officers, general or limited partners, agents, employees, attorneys, agents and administrators representatives, and the employee benefit plans in which Executive is or has been a participant by virtue of his employment with or service to the Company (collectively, the “Company Releasees”), from any and all suitsclaims, debts, demands, accounts, judgments, rights, causes of action, and/or claimsequitable relief, demands or entitlements damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of any nature whatsoeverevery kind and character whatsoever (including attorneys’ fees and costs), whether knownin law or equity, known or unknown, asserted or unforeseenunasserted, suspected or unsuspected, which the Executive has or may have had against the Company Releasees based on any of them events or circumstances arising or occurring on or prior to the date Executive signs this Release (the “Released Claims”). The Released Claims include, but are not limited to: (i) all claims arising directly or indirectly out of of, relating to, or in connection with his any other way involving in any manner whatsoever Executive’s employment by the Company, the Employment Agreement, the termination of his employment with the Company, or any event, transaction, or matter occurring or existing on or before the date of his signing this General Release, except that the Executive is not releasing any claims arising under Section 7 of the Employment Agreement, any other right service to indemnification that the Executive may otherwise have, or any claims arising after the date of his signing this General Release. The Executive agrees not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. The Executive further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. The Executive represents and warrants that he has not previously filed or joined in any such claims, demands or entitlements against the Company or the other persons or entities released herein and that he will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits. This General Release specifically includes, but is not limited to, termination thereof; (ii) all claims of related to Executive’s compensation or benefits, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (iii) all claims for breach of contract, employment discrimination (including any claims coming within the scope of Title VII wrongful termination, and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964; the federal Americans with Disabilities Act, ; the federal Rehabilitation Act of 1973; the federal Age Discrimination in Employment Act, Act (“ADEA”); the Older Workers Benefit Protection Act, the federal Equal Pay Act, ; the Americans with Disabilities Act, the federal Family and Medical Leave Act, all as amended, or any other applicable federal, state, or local lawAct (“FMLA”), claims under ; the federal Fair Labor Standards Act of 1938; the federal Employee Retirement Income Security Act, as amended, claims under ; the Fair California Family Rights Act (“CFRA”); the California Labor Standards Act, as amended (or any other applicable federal, state or local statute relating to payment of wages), wage orders, claims concerning recruitment, hiring, termination, salary rate, severance pay, stock options, wages or benefits due, sick leave, holiday pay, vacation pay, life insurance, group medical insurance, any other fringe benefits, worker’s compensation, termination, employment status, libel, slander, defamation, intentional or negligent misrepresentation and/or infliction of emotional distress, together with any and all tort, contract, or other claims which might have been asserted by the Executive or on his behalf in any suit, charge of discrimination, or claim against the Company or the persons or entities released herein. The Executive Code; and the Company acknowledge California Fair Employment and Housing Act. Confidential Treatment Requested by Oportun Financial Corporation Pursuant to 17 C.F.R. Section 200.83 Notwithstanding the foregoing, Executive understands that different the following rights or additional facts may be discovered claims are not included in addition to what the Executive and Release (the Company now know or believe to be true with respect to the matters released in this General Release and the Executive and the Company agree that this General Release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different or additional facts.“Excluded Claims”):

General Release of Claims by Executive. In consideration for and contingent upon the Executive’s receipt of the payments and benefits set forth in Paragraph 4, Sections (a) — (d) above, the Executive, for himself, on his attorneys, own behalf and on behalf of his heirs, executors, administrators, successorsbeneficiaries, representatives and assigns, does and all others connected with or claiming through him (the “Executive Releasing Parties”), hereby fully releases and forever release discharges the Company, and discharge the Company and all of its past, current present and future affiliated entities, as well as its and their predecessors, successors, assigns, and its and their past, current and former directorsowners, officers, partnersdirectors, members, managers, employees, agents, employeesgeneral and limited partners, attorneysjoint venturers, representatives, successors and administrators assigns of the Company, its subsidiaries and other affiliates, each of the foregoing both individually and in their official capacities (collectively, the “Company Released Parties”), from any and all suits, causes of action, and/or claims, demands or entitlements rights and claims of any nature whatsoevertype or description, whether known, known or unknown, or unforeseen, which the that Executive has had in the past, now has, or may have against might now have, from the beginning of time through the date hereof, including without limitation any and all causes of them action, rights and claims in any way resulting from, arising out of or in connection connected with his Executive’s employment by the Company, the Employment Agreement, the termination of his employment with the Company, or any event, transaction, or matter occurring or existing on or before the date of his signing this General Release, except that the Executive is not releasing any claims arising under Section 7 of the Employment Agreement, any other right to indemnification that the Executive may otherwise have, or any claims arising after the date of his signing this General Release. The Executive agrees not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. The Executive further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. The Executive represents and warrants that he has not previously filed or joined in any such claims, demands or entitlements against the Company or the termination of that employment or arising out of or pursuant to any federal, state or local law, regulation or other persons or entities released herein and that he will indemnify and hold them harmless from all liabilitiesrequirement, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits. This General Release specifically includes, but is not limited to, all claims of breach of contract, employment discrimination (including any claims coming within the scope of without limitation Title VII of the Civil Rights ActAct of 1964, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Equal Pay ActAct (“ADEA”), the Americans with Disabilities Act, the Family and Medical Leave New Jersey Conscientious Employee Protection Act, the Millville Dallas Airmotive Plant Loss Job Notification Act, the Worker Adjustment and Retraining Notification Act, and the fair employment practices laws of any state or states in which Executive has provided services to the Company, each as amended from time to time. Executive expressly acknowledges and agrees that, by entering into this Agreement, Executive is releasing and waiving any and all as amendedrights or claims, including, without limitation, claims that Executive may have arising under ADEA, which have arisen on or before the date of Executive’s execution and delivery of this Agreement to the Company. Notwithstanding the foregoing, excluded from the scope of the release set forth in this Section 2 is (i) any claim arising under the terms of this Agreement, (ii) any right of indemnification or contribution that Executive may have pursuant to the articles of incorporation, by-laws or other governing document of the Company or any of its subsidiaries or other affiliates, any contracts executed by or on behalf of the Company or any such subsidiary or affiliate, and any applicable federal, state, directors and officers liability insurance policy (iii) any right Executive may have under the Company’s tax-qualified retirement plans or local law), claims under Section 601-608 of the Employee Retirement Income Security ActAct of 1974, as amended, popularly known as COBRA; and (iv) any claims under that arise after the Fair Labor Standards Act, as amended (or any other applicable federal, state or local statute relating to payment of wages), wage orders, claims concerning recruitment, hiring, termination, salary rate, severance pay, stock options, wages or benefits due, sick leave, holiday pay, vacation pay, life insurance, group medical insurance, any other fringe benefits, worker’s compensation, termination, employment status, libel, slander, defamation, intentional or negligent misrepresentation and/or infliction of emotional distress, together with any and all tort, contract, or other claims date on which might have been asserted by the Executive or on his behalf in any suit, charge of discrimination, or claim against the Company or the persons or entities released herein. The Executive and the Company acknowledge that different or additional facts may be discovered in addition to what the Executive and the Company now know or believe to be true with respect to the matters released in executes this General Release and the Executive and the Company agree that this General Release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different or additional factsAgreement.

General Release of Claims by Executive. In consideration for Executive hereby voluntarily, knowingly and contingent upon willingly releases, acquits and forever discharges the Executive’s receipt Company, including all of the payments and benefits set forth in Paragraph 4, Sections (a) — (d) above, the Executive, for himself, his attorneys, heirs, executors, administrators, successorsCompany’s affiliated entities, and assigns, does hereby fully and forever release and discharge the Company and its pastall of their former, current and future affiliated entitiesagents, as well as its and their managers, employees, officers, directors, shareholders, investors, joint ventures, attorneys, representatives, predecessors, successors, assigns, owners and its servants from any and their past, current and former directors, officers, partners, agents, employees, attorneys, and administrators from all suits, causes of action, and/or claims, demands costs or entitlements expenses of any kind or nature whatsoever, whether known, known or unknown, foreseen or unforeseen, which the Executive has or may have against any of them arising out of or in connection with his employment by the Company, the Employment Agreement, the termination of his employment with the Company, or any event, transaction, or matter occurring or existing on or before the date of his signing this General Release, except that the Executive is not releasing any claims arising under Section 7 of the Employment Agreementincluding without limitation, any other right to indemnification that the Executive may otherwise have, contract or tort claims or any claims arising after under the date of his signing this General Release. The Executive agrees not to file or otherwise institute any claimAmericans with Disabilities Act, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. The Executive further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. The Executive represents and warrants that he has not previously filed or joined in any such claims, demands or entitlements against the Company or the other persons or entities released herein and that he will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits. This General Release specifically includes, but is not limited to, all claims of breach of contract, employment discrimination (including any claims coming within the scope of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, all as amended, or any other applicable federal, state, or local law), claims under the Employee Retirement Income Security Act, as amendedthe Age Discrimination in Employment Act, any constitution or statute, or under common law, which against any or all of them Executive ever had, now has or hereinafter may have, up to and including the date of Executive’s execution of this Agreement, including, without limitation, those arising out of or in any way related to Executive’s employment at the Company, service on the Board, the termination of Executive’s employment from the Company or termination of service on the Board, including, without limitation any claim to options, stock or shares in the Company. Notwithstanding the foregoing, the following claims are excluded from release under this Section 2: Claims pursuant to this Agreement, claims under benefit plans, any right to indemnification (including advancement of expenses), any right to insurance maintained by the Fair Labor Standards ActCompany or otherwise, as amended (and any right to exercise stock options or receive restricted stock units pursuant to the relevant provisions of the equity agreements. Nothing in this Agreement shall operate to limit or extinguish any other right to indemnification, advancement of expenses or contribution that Executive would otherwise have, including, but not limited to, by agreement, insurance or under applicable law. Nothing in this Agreement prevents Executive from filing a charge or complaint with or from participating in an investigation or proceeding conducted by any federal, state or local statute relating agency charged with the enforcement of any employment laws, although by signing this Agreement Executive waives rights to payment of wages)individual relief based on claims asserted in such a charge or complaint. This waiver does not apply if it is otherwise prohibited by law, wage orders, claims concerning recruitment, hiring, termination, salary rate, severance pay, stock options, wages or benefits due, sick leave, holiday pay, vacation pay, life insurance, group medical insurance, any other fringe benefits, worker’s compensation, termination, employment status, libel, slander, defamation, intentional or negligent misrepresentation and/or infliction of emotional distress, together with any and all tort, contract, or other claims which might have been asserted by the Executive or on his behalf in any suit, charge of discrimination, or claim against the Company or the persons or entities released herein. The Executive and the Company acknowledge that different or additional facts may be discovered in addition to what the Executive and the Company now know or believe to be true with respect to the matters released in this General Release and the Executive and the Company agree that this General Release shall be and remain in effect in all respects as a complete and final release including whistleblower awards under Section 21F of the matters released, notwithstanding any different or additional factsSecurities Exchange Act.

General Release of Claims by Executive. In consideration for and contingent upon the Executive’s receipt of the payments and benefits set forth in Paragraph 4, Sections (a) — (d) above, the Executive, for himself, his attorneys, heirs, executors, administrators, successors, and assigns, does hereby fully and forever release and discharge made or to be made to Executive by the Company and the promises contained in the Separation Agreement entered into by and between the Company and Executive as of June , 2019 (the “Separation Agreement”), Executive agrees to the following release of claims and covenant not to xxx (the “Release”). Executive on behalf of himself and his agents and successors in interest, hereby UNCONDITIONALLY RELEASES AND DISCHARGES the Company, its pastsuccessors, current subsidiaries, parent companies, assigns, joint ventures, and future affiliated entitiescompanies and their respective agents, legal representatives, shareholders, attorneys, employees, members, managers, officers and directors (collectively, the “Releasees”) from ALL CLAIMS, LIABILITIES, DEMANDS AND CAUSES OF ACTION which he may by law release, as well as its and their predecessors, successors, assigns, and its and their past, current and former directors, officers, partners, agents, employees, attorneys, and administrators from all suits, causes of action, and/or claims, demands or entitlements of any nature whatsoevercontractual obligations not expressly set forth in the Release, whether known, known or unknown, fixed or unforeseencontingent, which the Executive has that he may have or may claim to have against any Releasee for any reason as of them arising out of or in connection with his employment by the Company, the Employment Agreement, the termination of his employment with the Company, or any event, transaction, or matter occurring or existing on or before the date of his signing this General Release, except that the Executive is not releasing any claims arising under Section 7 execution of the Employment Agreement, any other right to indemnification that the Executive may otherwise have, or any claims arising after the date of his signing this General Release. The Executive agrees not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. The Executive further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. The Executive represents and warrants that he has not previously filed or joined in any such claims, demands or entitlements against the Company or the other persons or entities released herein and that he will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits. This General Release specifically includes, but is not limited to, claims arising under federal, state or local laws prohibiting employment discrimination; claims arising under severance plans and contracts; and claims growing out of any legal restrictions on the Company’s rights to terminate its employees or to take any other employment action, whether statutory, contractual or arising under common law or case law. Executive specifically acknowledges and agrees that he is releasing any and all claims of breach of contractrights under federal, state and local employment discrimination (laws including any claims coming within the scope of Title VII of the Civil Rights Act, without limitation the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Equal Pay ActCivil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with With Disabilities Act, the Family and Medical Leave Act, all as amendedthe Genetic Information Nondiscrimination Act, or any other applicable federalthe anti-retaliation provisions of the Fair Labor Standards Act, state, or local law), claims under the Employee Retirement Income Security Act, as amendedthe Equal Pay Act, claims under the Occupational Safety and Health Act, the Worker Adjustment and Retraining Notification Act, the Employee Polygraph Protection Act, the Fair Labor Standards Credit Reporting Act, as amended (or any other applicable federal, state or local statute relating to payment of wages), wage orders, claims concerning recruitment, hiring, termination, salary rate, severance pay, stock options, wages or benefits due, sick leave, holiday pay, vacation pay, life insurance, group medical insurance, any other fringe benefits, worker’s compensation, termination, employment status, libel, slander, defamation, intentional or negligent misrepresentation and/or infliction of emotional distress, together with and any and all tortother local, contractstate, and federal law claims arising under statute or common law. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. Notwithstanding the foregoing, Executive expressly does not waive any claims he may have (i) to indemnification that he may have against any of the Releasees in connection with his service to the Company and its affiliates through the Termination Date (as defined in the Separation Agreement), or other claims which might (ii) related to any coverage that he may have been asserted under any directors and officers liability insurance policy maintained by the Executive or on his behalf in any suit, charge of discrimination, or claim against the Company or the persons or entities released hereinits affiliates. The In connection with such waiver and relinquishment, Executive and the Company acknowledge acknowledges that different or additional he is aware that he may later discover facts may be discovered in addition to what the Executive and the Company now know or believe different from those which he currently knows or believes to be true with respect to the subject matters released in this General Release of the Release, but that it is his intention hereby fully, finally, and forever, to settle and release all of these matters which now exist, may exist, or previously existed, whether known or unknown, suspected or unsuspected. In furtherance of such intent, the Executive and the Company agree that this General Release releases given herein shall be and shall remain in effect in all respects as a full and complete and final release of the matters releasedrelease, notwithstanding any the discovery or existence of such additional or different or additional facts.