Common use of Release by Company Clause in Contracts

Release by Company. In consideration for the general release by Executive, the Company, on behalf of the Company Parties, hereby fully, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s affiliates, spouse, successors, executors, administrators, agents, heirs and assigns (together with Executive, the “Executive Parties”) from all claims, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ fees and costs), of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, that any of the Company Parties ever had or now have against any or all of the Executive Parties, however originating or existing, from the beginning of time through the Effective Date, including, but not limited to, any and all claims arising out of or relating to the relationship between Executive and the Company, the services performed by Executive for the Company, Executive’s cessation of services to the Company, or otherwise. Notwithstanding anything in this Agreement to the contrary, the claims released in this Section 9 (the “Company Released Claims”) do not include, and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply to or prohibit enforcement of the terms of this Agreement.

Release by Company. In consideration for the general release by ExecutiveExcept as specifically provided in this Agreement, the CompanyCompany IRREVOCABLY AND UNCONDITIONALLY RELEASES, on behalf ACQUITS, FOREVER DISCHARGES AND COVENANTS NOT TO XXX OR OTHERWISE PARTICIPATE IN ANY ACTION AGAINST the Executive (in his capacity as an officer and/or as a member of the Company Partiesboard of directors of the Company) and his agents, hereby fullyattorneys, forever, unconditionally representatives and irrevocably releases and discharges Executive and each of Executive’s affiliates, spousetheir guardians, successors, executorsassigns, administratorsheirs, agentsexecutors and administrators (all of which persons and entities are hereinafter collectively referred to as "Company Releasees"), heirs from or regarding any and assigns (together with Executive, the “Executive Parties”) from all claims, demandscounterclaims, actions, causes of action, liabilities, chargescross-claims, complaints, grievances, actionspromises, suitsliabilities, obligations, agreements, damages, rights, debts, sums of moneydemands, controversies, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligationslosses, and expenses (including including, without limitation, attorneys’ fees ' fees, court costs and costs), expenses) of every kind and naturewhatever nature or kind, in lawlaw or in equity, equity or otherwise, whether now known and or unknown, suspected and unsuspected, disclosed and undisclosed, that which the Company now has or may ever have had prior to the Effective Date against all or any of the Company Parties ever had or now have against any or all of Releasees. Without limiting the Executive Partiesforegoing, however originating or existing, from the beginning of time through the Effective Date, including, but not limited to, any and all claims arising out of or relating to the relationship between Executive and the Companyexcept as provided in this Agreement, the services performed by Executive for the Company, Executive’s cessation of services to the Company, or otherwise. Notwithstanding anything in this Agreement to the contrary, the claims released in this Section 9 (the “Company Released Claims”) do not include, release and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply set forth in the immediately preceding sentence applies to all claims under any municipal, local, state or prohibit enforcement federal law, common or statutory, for any actions or omissions, whether known or unknown, that arise from, relate to, or are in any way connected with: (a) the negotiation, documentation, execution and performance (and failure of performance) of any aspect of the terms Employment Agreement, (b) the Executive's employment (and termination of this employment) by the Company, (c) claims of breach of contract and any other federal, state or local laws, (d) claims made by Executive in an August 16, 2002 letter to the Company in which Executive made claims for an extra year of paid consulting, a full bonus for the Company's fiscal year 2003, extension of medical benefits and coverage beyond the period provided in the Employment Agreement, the purchase by the Company of the Executive's Providence, Rhode Island residence and payments for out-placement services, (e) payments by the Company to Executive in respect of relocation in the amount of $550,000 (Five Hundred Fifty Thousand Dollars) in accordance with GTECH's Relocation Policy and (f) any claims by Company for tax indemnification relating to Peak Technologies under Section 5(e) of the Employment Agreement. This release and covenant not to xxx also applies to all common law claims including breach of contract, fraud, negligence, negligent misrepresentation, and any other tort, contract, or other claim, and EXCEPT AS PROVIDED IN AND SUBJECT TO THE LIMITATIONS SET FORTH HEREIN, THIS IS A FULL, COMPLETE AND GENERAL RELEASE. The Company further represents and warrants that it has not heretofore assigned any claims that it may have against the Executive to any other person or entity.

Release by Company. In consideration of the entry by Consultant into this Release and other consideration provided for in the general release Agreement and this Release, that being good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged by Executivethe Company, the Company, on the Company’s own behalf and on behalf of the Company PartiesCompany’s agents, hereby fullyadministrators, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s affiliates, spouserepresentatives, successors, executorsdevisees and assigns (collectively, administratorsthe “Company Releasing Parties”) hereby fully releases, agentsremises, acquits and forever discharges Consultant, his successors, heirs and assigns (together with Executivecollectively, the “Executive Consultant Released Parties”) from all claims, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ fees and costs), of every kind jointly and natureseverally, in from any and all Claims, whether known or unknown, suspected or unsuspected, accrued or unaccrued, whether at law, equity equity, administrative, statutory or otherwise, known and unknownwhether for injunctive relief or compensatory, suspected and unsuspectedpunitive or any other kind of damages, disclosed and undisclosed, that which any of the Company Releasing Parties ever have had in the past or now presently have against any the Consultant Released Parties, and each of them, arising from or all relating to Consultant’s engagement by the Company or its affiliates pursuant to the Agreement, termination of the Executive PartiesAgreement or any circumstances related thereto, however originating or existingany other matter, cause or thing whatsoever, from the beginning of time through and up and including the Effective Datedate of this Release’s execution, includingother than Claims arising from, but not limited toas a result of, any and all claims arising out of in connection with, or relating to the relationship between Executive and the CompanyConsultant’s fraud, willful misconduct, or gross negligence. Except as required by law, the services performed Company agrees that it will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against Consultant arising from, concerned with, or otherwise relating to, in whole or in part, Consultant’s engagement by Executive for the Company, Executive’s cessation of services Company or affiliates pursuant to the CompanyAgreement, termination of the Agreement or otherwise. Notwithstanding anything in this Agreement to any circumstances related thereto or any of the contrary, the claims matters discharged and released in this Section 9 (the “Company Released Claims”) do not include, and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply to or prohibit enforcement of the terms of this AgreementRelease.

Release by Company. In consideration for Except with respect to the general release by Executive’s obligations under the Agreement, including but not limited to the covenants entered into pursuant to the eligibility requirements of the Agreement, and as otherwise provided in the provison at the end of this sentence, the Company, on behalf of the Company Partiesand its agents, hereby fullysubsidiaries, foreverattorneys, unconditionally and irrevocably releases and discharges Executive and each of Executive’s affiliates, spouserepresentatives, successors, and assigns, hereby release, acquit and forever discharge the Executive, and Executive’s heirs, executors, administratorsassigns, representatives, agents, heirs legal representatives, and assigns (together with Executivepersonal representatives, the “Executive Parties”) of and from any and all claims, liabilities, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accountsexpenses, reckonings, covenants, contracts, agreements, promises, doings, omissionsattorneys fees, damages, executions, obligations, indemnities and expenses (including attorneys’ fees and costs), obligations of every kind and nature, in law, equity equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, that arising out of or in any way related to agreements, events, acts or conduct at any time prior to the day prior to execution of the Company Parties ever had or now have against any or all of the Executive Partiesthis Release, however originating or existing, from the beginning of time through the Effective Date, including, including but not limited to, : any and all claims and demands directly or indirectly arising out of or relating in any way connected with the Executive’s employment with the Company or a Company affiliate (hereinafter referred to the relationship between Executive and the Companyas a “Claim” or collectively, the services performed by Executive for the Company“Claims”); provided, Executive’s cessation of services to the Companyhowever, that, notwithstanding any other term or provision hereof, any Claim or Claims rising out of, under, or otherwise. Notwithstanding anything resulting from, in this Agreement to the contrarypart or whole, the claims released in this Section 9 (the “Company Released Claims”) do not include, and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court illegal or fraudulent act(s) or illegal or fraudulent omission(s) to act of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreignExecutive, (ii) with any arbitral bodyaction(s) or omission(s) to act which would constitute self-dealing or a breach of Executive’s confidentiality obligations to the Company or any affiliate thereof, forum or arbitration tribunala breach of the Confidentiality Agreement executed by Executive, or (iii) in any mediation proceeding, against any policy of the Executive Parties; providedCompany, howeveras the same may be in effect from time to time, that regarding the ability of the Company to recoup bonus or incentive payments as a result of the Company being required to restate its financial results due to material noncompliance with financial reporting requirements under the securities laws, are hereby expressly excluded in their entirety from the foregoing covenant release, acquittal and discharge and are unaffected thereby (any Claim or Claims not so excluded pursuant to xxx shall not apply this proviso being hereinafter referred to or prohibit enforcement of as a the terms of this Agreement“Company Claim” or, collectively, as the “Company Claims”).

Release by Company. In consideration of the entry by Executive into this Release and other consideration provided for in the general release Agreement and this Release, that being good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged by Executivethe Company, the Company, on the Company’s own behalf and on behalf of the Company PartiesCompany’s agents, hereby fullyadministrators, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s affiliates, spouserepresentatives, successors, executorsdevisees and assigns (collectively, administratorsthe “Company Releasing Parties”) hereby fully releases, agentsremises, acquits and forever discharges Executive, his successors, heirs and assigns (together with Executivecollectively, the “Executive Released Parties”) from all claims, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ fees and costs), of every kind jointly and natureseverally, in from any and all Claims, whether known or unknown, suspected or unsuspected, accrued or unaccrued, whether at law, equity equity, administrative, statutory or otherwise, known and unknownwhether for injunctive relief or compensatory, suspected and unsuspectedpunitive or any other kind of damages, disclosed and undisclosed, that which any of the Company Releasing Parties ever have had in the past or now presently have against any or all of the Executive Released Parties, however originating and each of them, arising from or existingrelating to Executive’s employment with the Company or its affiliates or the termination of that employment relationship or any circumstances related thereto, or any other matter, cause or thing whatsoever, from the beginning of time through and up and including the Effective Datedate of this Release’s execution. Except as required by law, includingthe Company agrees that it will not commence, but not limited maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against Executive arising from, concerned with, or otherwise relating to, any and all claims arising out of in whole or relating to the relationship between Executive and the Company, the services performed by Executive for the Companyin part, Executive’s cessation employment or separation from employment with the Company or any of services to the Company, or otherwise. Notwithstanding anything in this Agreement to the contrary, the claims matters discharged and released in this Section 9 (the “Company Released Claims”) do not include, and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply to or prohibit enforcement of the terms of this AgreementRelease.

Release by Company. In consideration for the general release by the Executive, the Company, on behalf of the Company Parties, hereby fully, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s the Executives affiliates, spouse, successors, executors, administrators, agents, heirs and assigns (together with the Executive, the “"Executive Parties”") from all claims, demands, causes of action, liabilities, charges, complaints, complains, actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ ' fees and costs), of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, that any of the Company Parties ever had or now have against any or all of the Executive Parties, however originating or existing, from the beginning of time through the Effective Dateto March 1, 2023, including, but not limited to, any and all claims arising out of or relating to the relationship between the Executive and the Company, the services performed by the Executive for the Company, the Executive’s 's cessation of services to the Company, or otherwise. Notwithstanding anything in this Agreement to the contrary, the claims released in this Section 9 clause 6 (the “"Company Released Claims”") do not include, and nothing contained herein shall operate to release any of the Executive’s 's promises and obligations under this Agreement (including Agreement, the Exhibits hereto) US RCA or with respect to any fraud or gross negligence of the Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx sue shall not apply to or prohibit enforcement of the terms of this Agreement.

Release by Company. In consideration for the general release by Executive, the The Company, on behalf of the Company Partiesfor itself and its ------------------ Affiliated Companies, hereby fullyRELEASES, forever, unconditionally and irrevocably releases and discharges REMISES AND FOREVER DISCHARGES Executive and each of Executive’s affiliates, spouse, his successors, executorsassigns, administratorsagents and representatives, agentspersonally and in their respective capacities, heirs and assigns (together with Executiveany other person or entity succeeding to any such person or entity, the “Executive Parties”) from any and all claims, demands, causes of actionrights, charges, actions, interests, debts, obligations, liabilities, charges, complaints, , actions, suits, rights, debts, sums of moneydamages, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, expenses and expenses (including attorneys’ fees and costs), causes of every kind and action of whatever type or nature, whether legal or equitable, whether in lawtort or in contract, equity whether known or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, that which the Company or any of the Company Parties ever had Affiliated Companies has or now may have against any of them, either individually, jointly, or all of the Executive Partiesseverally, however originating or existingjointly and severally, based upon any agreements, transactions, acts or omissions which have occurred from the beginning of time through to the Effective Date, including, but date of this agreement; provided that the foregoing release shall not limited to, apply to any and all claims arising out rights of the Company or any of the Affiliated Companies or obligations of Executive: (a) under this agreement or any Surviving Agreement or Welfare Benefit Plan; (b) relating to the relationship between any intentionally wrongful act of Executive and the Company, the services performed or any violation of any federal or state securities laws by Executive for the Company, Executive’s cessation of services (excluding such matters to the Companyextent that they are covered by the Indemnification Rights); or (c) any act or omission of Executive in his capacity as an officer of the Company or any of the Affiliated Companies for which, or otherwise. Notwithstanding anything in this Agreement to the contraryextent, he is not entitled to indemnification under the claims released in this Section 9 (Indemnification Rights. Neither the “Company Released Claims”) do not include, and nothing contained herein shall operate to release nor any of Executive’s promises and obligations under this Agreement (including its Affiliated Companies shall sue Executxxx or any other person or entity benefiting from the Exhibits hereto) foregoing release, or make, assert or maintain any charge, claim, demand or action against Executive or any such other person or entity, with respect to any fraud matter released pursuant to the foregoing release. If the Company or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Affiliated Companies violates the preceding sentence, the Company or such Affiliated Company, as the case may be, shall pay all costs and expenses (including without limitation reasonable attorneys fees) incurred by Executive Parties; providedor such other person or entity in defending such suit, howeverclaim, that the foregoing covenant not to xxx shall not apply to charge, demand or prohibit enforcement of the terms of this Agreementaction.

Release by Company. In consideration of the entry by Consultant into this Release and other consideration provided for in the general release Agreement and this Release, that being good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged by Executivethe Company, the Company, on the Company’s own behalf and on behalf of the Company PartiesCompany’s agents, hereby fullyadministrators, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s affiliates, spouserepresentatives, successors, executorsdevisees and assigns (collectively, administratorsthe “Company Releasing Parties”) hereby fully releases, agentsremises, acquits and forever discharges Consultant, her successors, heirs and assigns (together with Executivecollectively, the “Executive Consultant Released Parties”) from all claims, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ fees and costs), of every kind jointly and natureseverally, in from any and all Claims, whether known or unknown, suspected or unsuspected, accrued or unaccrued, whether at law, equity equity, administrative, statutory or otherwise, known and unknownwhether for injunctive relief or compensatory, suspected and unsuspectedpunitive or any other kind of damages, disclosed and undisclosed, that which any of the Company Releasing Parties ever have had in the past or now presently have against any the Consultant Released Parties, and each of them, arising from or all relating to Consultant’s engagement by the Company or its affiliates pursuant to the Agreement, termination of the Executive PartiesAgreement or any circumstances related thereto, however originating or existingany other matter, cause or thing whatsoever, from the beginning of time through and up and including the Effective Datedate of this Release’s execution, includingother than Claims arising from, but not limited toas a result of, any and all claims arising out of in connection with, or relating to the relationship between Executive and the CompanyConsultant’s fraud, willful misconduct, or gross negligence. Except as required by law, the services performed Company agrees that it will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against Consultant arising from, concerned with, or otherwise relating to, in whole or in part, Consultant’s engagement by Executive for the Company, Executive’s cessation of services Company or affiliates pursuant to the CompanyAgreement, termination of the Agreement or otherwise. Notwithstanding anything in this Agreement to any circumstances related thereto or any of the contrary, the claims matters discharged and released in this Section 9 (the “Company Released Claims”) do not include, and nothing contained herein shall operate to release any of Executive’s promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply to or prohibit enforcement of the terms of this AgreementRelease.

Release by Company. In consideration for the general release by Executive, the Company, on behalf of the Company Parties, hereby fully, forever, unconditionally and irrevocably releases and discharges Executive and each of Executive’s 's affiliates, spouse, successors, executors, administrators, agents, heirs and assigns (together with Executive, the “"Executive Parties”") from all claims, demands, causes of action, liabilities, charges, complaints, , actions, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, and expenses (including attorneys’ ' fees and costs), of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, that any of the Company Parties ever had or now have against any or all of the Executive Parties, however originating or existing, from the beginning of time through the Effective Date, including, but not limited to, any and all claims arising out of or relating to the relationship between Executive and the Company, the services performed by Executive for the Company, Executive’s 's cessation of services to the Company, or otherwise. Notwithstanding anything in this Agreement to the contrary, the claims released in this Section 9 5 (the “"Company Released Claims”") do not include, and nothing contained herein shall operate to release any of Executive’s 's promises and obligations under this Agreement (including the Exhibits hereto) or with respect to any fraud or gross negligence of Executive in the performance of his duties. The Company hereby covenants, promises and agrees not to, and agrees to cause each of the other Company Parties not to, bring any action or claim, legal, equitable or otherwise, asserting or relating to any Company Released Claims (i) in any court of any jurisdiction or in any agency or other unit of any governmental authority, local, state, national or foreign, (ii) with any arbitral body, forum or arbitration tribunal, or (iii) in any mediation proceeding, against any of the Executive Parties; provided, however, that the foregoing covenant not to xxx shall not apply to or prohibit enforcement of the terms of this Agreement.