Common use of Mutual General Release Clause in Contracts

Mutual General Release. Subject to this Agreement becoming effective, Employee, on behalf of himself, his spouse, successors, heirs, and assigns, hereby forever releases and discharges the “Company Parties” (as defined below) from and with respect to, any and all claims, debts, liabilities, demands, obligations, liens, promises, acts, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actions, and causes of action, of whatever kind or nature, whether known or unknown, fixed or contingent (collectively, “Claims”), including without limitation, any claims based upon contract, tort, or under any federal, state, local or foreign law, that the Employee may have, or in the future may possess, arising out of any aspect of Employee’s employment relationship with and service as an employee, officer, director, manager or agent of the Company or any of its subsidiaries, or the termination of such relationship or service, that occurred, existed or arose on or prior to the Employee’s execution of this Agreement. Employee represents and warrants that he has not assigned any of the claims being released under this Agreement and that he has not filed any proceeding relating to Employee’s employment or the termination thereof. For example, as a result of the general release in this Section 5, Employee is releasing all claims of any kind that can be released, arising out of, or related to Employee’s employment and involvement with, or the ending of employment with the Company, any claims arising from rights under his Employment Agreement, federal, state and/or local laws, including but not limited to those related to tax payments or accounting, ownership in the Company, rights to ongoing profits of the Company, claims of ownership of the Company’s intellectual property, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, and any labor code provisions, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind that can be released. Employee understands that the claims he is releasing might arise under many different laws (including statutes, regulations, other administrative guidance, and common law doctrines), such as the following:

Mutual General Release. Subject to this Agreement becoming effectiveExpressly conditioned upon timely completion of the delivery requirements set forth under Section 2 above, Employeethe Parties, on behalf each for themselves, their respective Boards of himselfDirectors, his spouseofficers, shareholders, members, assigns, employees, agents, predecessors, heirs, executors, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, members, assigns, employees, agents, managers, predecessors, successors, heirs, executors, and assignsadministrators, hereby forever releases subsidiary entities, affiliates former entities, attorneys, and discharges all others acting by, through, under, or in concert with the “Company Parties” (as defined below) other, and each of them, from and with respect to, any and all claims, debts, liabilities, demands, obligations, liens, promises, acts, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, manner of action or actions, and cause or causes of action, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, costs, or expenses, of whatever kind or natureany nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent (collectivelycontingent, “Claims”)which each now has or may hereafter have by reason of any matter, including cause, or thing whatsoever from the beginning of time to the date hereof, including, without limitationlimiting the generality of the foregoing, any claims based upon contractmatters that or might have been in any way raised, tortby complaint, cross-complaint or under any federal, state, local or foreign law, that otherwise. Notwithstanding the Employee may have, or in the future may possess, arising out of any aspect of Employee’s employment relationship with and service as an employee, officer, director, manager or agent of the Company or any of its subsidiaries, or the termination of such relationship or service, that occurred, existed or arose on or prior to the Employee’s execution of this Agreement. Employee represents and warrants that he has not assigned any of the claims being released under this Agreement and that he has not filed any proceeding relating to Employee’s employment or the termination thereof. For example, as a result of the general release in this Section 5, Employee is releasing all claims of any kind that can be released, arising out of, or related to Employee’s employment and involvement with, or the ending of employment with the Company, any claims arising from rights under his Employment Agreement, federal, state and/or local laws, including but not limited to those related to tax payments or accounting, ownership in the Company, rights to ongoing profits of the Company, claims of ownership of the Company’s intellectual property, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, and any labor code provisionsabove, or any other claim provisions of this instrument, this Agreement shall not affect, discharge, or release any kind whatsoeverclaims, including but not limited known or unknown, which arise from or relate to any claim for damages the rights or declaratory obligations of the parties hereto, whether presently existing or injunctive relief subsequently accruing, with respect to the obligations created by or arising out of any kind that can be released. Employee understands that the claims he is releasing might arise under many different laws (including statutes, regulations, other administrative guidance, and common law doctrines), such as the following:provisions of this Agreement.

Mutual General Release. Subject to As a material provision of this Agreement becoming effectiveAgreement, EmployeeWillxxxx, on xx behalf of himself, his spouse, successors, heirs, heirs and assigns, does hereby forever releases release the Company, its shareholders, subsidiaries, and discharges the “Company Parties” (as defined below) affiliated companies and each of their respective officers, directors and employees from and with respect to, any and all claims, debtsliabilities, demands, rights and interests of whatsoever kind and character, including, but not limited to, those arising from or attributable to Willxxxx' xxployment with the Company or arising from, or in any way attributable to, the Employment Agreement including claims for breach of contract, breach of implied covenant, breach of oral or written promise, wrongful termination, race, age, sex, national origin or other discrimination, including any claims under the federal Age Discrimination in Employment Act of 1967, and any claims for additional payment or reimbursement in the event that any taxing authority should determine that monies or benefits allocated or paid to compromise his claims constitute taxable income in whole or in part. The Company, on behalf of itself, its shareholders, subsidiaries, and affiliated companies and each of their respective officers, directors and employees, does hereby release Willxxxx xxx his heirs and assigns from any and all claims, liabilities, demands, obligationsrights and interests of whatsoever kind and character, liens, promises, acts, agreements, costs and expenses (including but not limited to, those arising from or attributable to attorneys’ fees), damages, actions, and causes of action, of whatever kind Willxxxx' xxployment with the Company or nature, whether known or unknown, fixed or contingent (collectively, “Claims”), including without limitation, any claims based upon contract, tort, or under any federal, state, local or foreign law, that the Employee may havearising from, or in any way attributable to, the future may possessEmployment Agreement including claims for breach of contract, arising out breach of implied covenant and breach of any aspect oral or written promise. The Company further agrees to defend and indemnify Willxxxx xxx hold him harmless with respect to any claims, liabilities or demands made against Willxxxx xx any persons based upon actions taken, or alleged to have been taken, by Willxxxx xxxing the course and scope of Employee’s his employment relationship with and service as an employee, officer, director, manager or agent of the Company or any of its subsidiaries, or the termination of such relationship or service, that occurred, existed or arose on or prior to the Employee’s execution of this Agreement. Employee represents President and warrants that he has not assigned any of the claims being released under this Agreement and that he has not filed any proceeding relating to Employee’s employment or the termination thereof. For example, as a result of the general release in this Section 5, Employee is releasing all claims of any kind that can be released, arising out of, or related to Employee’s employment and involvement with, or the ending of employment with the Company, any claims arising from rights under his Employment Agreement, federal, state and/or local laws, including but not limited to those related to tax payments or accounting, ownership in the Company, rights to ongoing profits Chief Executive Officer of the Company, claims . Willxxxx xxx the Company specifically and expressly waive and release all rights under the provisions of ownership Section 1542 of the Company’s intellectual propertyCalifornia Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or any form suspect to exist in his favor at the time of retaliationexecuting the release, harassment or discrimination on any basis, or any related cause of action, and any labor code provisions, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind that can be released. Employee understands that which if known by him must have materially affected his settlement with the claims he is releasing might arise under many different laws (including statutes, regulations, other administrative guidance, and common law doctrines), such as the following:debtor.