Common use of Release of Claims Clause in Contracts

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and voluntarily release and forever discharge the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable law.

Release of Claims. a. In Except for any claims you may have for workers’ compensation benefits, unemployment compensation benefits, vested pension or retirement benefits, or nonforfeitable health care, disability, or other similar welfare benefits (which are not released by this Agreement) and in further consideration of the Severance and for other valuable considerationbenefits we have agreed to provide you, you do hereby knowingly and voluntarily release and forever discharge the Company, Company and its subsidiaries and affiliates, their respective subsidiaries, parent companies, predecessors, successors, predecessors and assigns, and each all of their respective present and former officers, directors, employeesbenefit plans and programs, representatives agents, representatives, shareholders, attorneys, trustees, and agents employees (collectively, hereinafter collectively referred to as the “Released PartiesReleasees”) from any and all claims, suits, controversies, actions, causes of action, cross-claimssuits, counter-claimsentitlements, demandsliabilities, debtsagreements, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ feeslosses, or liabilities expenses (including attorney’s fees and costs actually incurred) of any nature whatsoever in law and in equitywhatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, unknown (hereinafter “Claim” or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation that you have, may have had, or may later claim to have had against any Claim of them for personal injuries, losses or damage to personal property, breach of contract (express or implied), breach of any covenant of good faith (express or implied), or any other losses or expenses of any kind (whether arising in tort or contract or by statute) resulting from anything that has occurred prior to the date you execute this Agreement. This release includes, but is not limited to, any Claims for back pay, liquidated damages, compensatory damages, or any other losses or other damages to you or your property resulting from any claimed violation of local, state, or federal law, including, for example (but not limited to), claims arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (prohibiting discrimination on account of race, color, religion, sex, or national origin); the Civil Rights Act of 199142 U.S.C. § 1981; the Age Discrimination in Employment Act (the “ADEA”), 29 U.S.C. § 621 et seq. (prohibiting discrimination on account of 1967 (including the Older Workers Benefit Protection Actage); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (prohibiting discrimination on account of disabilities); the Family Uniformed Services Employment and Medical Leave Reemployment Rights Act of 1993; the Worker Adjustment Retraining and Notification Act1994, 38 U.S.C. § 4301 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Fair Labor Standards Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq.; or their state Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq.; the North Carolina Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.1 et seq.; the North Carolina Persons With Disabilities Protection Act, N.C. Gen. Stat. § 168A-1 et seq.; the Occupational Safety and Health Act of North Carolina, N.C. Gen. Stat. § 95-151; the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 et seq.; any other Claims under federal, state, or local counterparts; statutory or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising any claim under any policies, practices or procedures of Employment Agreement between you and the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these mattersCompany. The foregoing release will of Claims expressly includes a waiver of any right to recovery for the Claims released herein in any and all private causes of action and/or charges and/or in any and all complaints filed with, or by, any governmental agency and/or other person or tribunal. This Agreement does not, however, waive rights or claims that may arise after the date you sign it below. You expressly acknowledge that this Agreement is intended to include in its effect, without limitation, all Claims which you do not apply know or suspect to exist in your favor at the time you sign this Agreement, and that this Agreement contemplates the extinguishment of any such Claim or Claims. Thus, in order to effectuate a full and complete release and discharge of the Released Parties, you expressly waive and relinquish all rights and benefits which you may have under any state or federal statute or common law principle that cannot be waived as a matter would otherwise limit the effect of applicable lawthis Agreement to Claims known or suspected prior to the date you sign this Agreement, and do so understanding and acknowledging the significance and consequences of such specific waiver.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and I voluntarily release and forever discharge the CompanyBank, its subsidiaries affiliated and affiliatesrelated entities, their respective successorsits predecessors, predecessors successors and assigns, its employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when I sign this Release, I have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to my employment by the Bank and the termination of my employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; 1964 and Claims of any form of discrimination or retaliation that is prohibited by the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection ActMassachusetts General Laws Chapter 151B); • under any other federal or state statute; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, vacation pay or any other compensation or benefits, either under the Equal Pay Act Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150C, or otherwise; and • for damages or other remedies of 1963any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect my rights under the Americans with Disabilities Act Bank’s Section 401(k) plan, any other “employee benefit plan” as defined in Section 3(3) of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act Act, 29 U.S.C. § 1002(3), my continuing rights under the Agreement (including the right to payment of 1974; any bonus for which an award has been determined but has not been paid during the Fair Labor Standards Act; term of employment), any statutory right to earned but unpaid wages, including vacation pay, statutory or their state common law rights of indemnification or local counterparts; or defense for claims against me based on my status and conduct as an officer of the Bank under any applicable insurance policy, contracts, governing documents or bylaws. In addition, nothing in this release shall affect my rights arising from any relationship that I may have with the Bank or any affiliated or related entity as a customer or a client. Furthermore, nothing in this release shall affect my rights to pursue Claims against individuals based on actions taken in their personal capacities that are unrelated in any way to my employment with the Bank or its termination. I agree that I shall not seek or accept damages of any nature, other federalequitable or legal remedies for my own benefit, state or local civil or human rights lawattorney’s fees, or under costs from any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may Claim released by this Release. I represent that I have that cannot be waived as a matter of applicable lawassigned to any third party and I have not filed with any agency or court any Claim released by this Release.

Release of Claims. a. In Executive stipulates, agrees, and understands that in consideration of the Severance payments set forth in Paragraph 2 above, that being good and for other valuable consideration, you Executive hereby knowingly acting of his own free will, voluntarily and voluntarily release on behalf of himself, his heirs, administrators, executors, successors and forever discharge the Companyassigns, releases Company and its subsidiaries and subsidiaries, affiliates, their respective successorsdirectors, predecessors officers, Executives, and assignsagents, and each of their respective officersthem (“Releasees”), directors, employees, representatives and agents (collectively, the “Released Parties”) from any and all complaints, claims, suitsdemands, controversiesdamages, lawsuits, actions, and causes of action, cross-claimswhether known, counter-claimsunknown or unforeseen, demandsarising out of or in connection with any event, debtstransaction or matter occurring or existing prior to or at the time of the Executive’s execution of this Agreement, compensatory damages, liquidated damages, punitive which the Executive has or exemplary damages, other damages, claims may have against any of them for costs and attorneys’ fees, or liabilities of any nature reason whatsoever in law and or in equity, both past and present (through the Release Date) and whether known or unknownunder federal, suspectedstate, local, or claimed against other law, whether the same be upon statutory claim, contract, tort or other basis, including without limitation: (i) any of and all claims arising from or relating to the Released Parties that you may have, which arise out of or are connected with your employment, Executive’s employment or termination of employment, with ; (ii) any and all claims relating to any oral or written employment contract or oral or written policy of the Company other than those that arise Company; (iii) any and all claims arising out of federal, state, or are related to your rights or status local employment laws including, but not limited to, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (OWBPA) (as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”amended), including without limitation any Claim arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; 1964 (as amended), the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 1866 (including the Older Workers Benefit Protection as amended), Illinois Human Rights Act); the Equal Pay Act of 1963; , Cook County Human Rights Ordinance, Chicago Human Rights Ordinance, the Americans with Disabilities Act, the Rehabilitation Act of 1990; 1973 (as amended), the Family and Medical Leave Act of 1993; (as amended), the Worker Adjustment Retraining and Notification Act; the Employee Executive Retirement Income Security Act of 1974; (as amended), the Equal Pay Act (as amended), the Sxxxxxxx-Xxxxx Act (as amended), the Fair Labor Standards Act (as amended), the National Labor Relations Act (as amended), the Fair Credit Reporting Act (as amended), the Occupational Safety and Health Act (as amended), the Families First Coronavirus Response Act, the Immigration Reform and Control Act (as amended), the Worker Adjustment and Retraining Notification Act (as amended); or their all applicable state or and local counterpartslaws; or under and (iv) any other federaland all tort claims, state or local civil or human rights lawclaims for attorney’s fees, or under other claims which might have been asserted by the Executive or on the Executive’s behalf in any other localgrievance, state suit, charge, cause of action, or federal lawclaim (the “Released Matters”). In addition to the above, regulation or ordinance; or under any the Released Matters include, but are not limited to, claims for employment discrimination, wrongful termination, constructive termination, violation of public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargeretaliation, breach of any express or implied contract, infliction breach of any implied covenant, detrimental reliance, breach of fiduciary duty, fraud, intentional or negligent misrepresentation, emotional distress or defamation; or distress, slander, invasion of privacy, compensatory and/or punitive damages. All of the above referenced statutes include any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawamendments.

Release of Claims. a. In consideration exchange for the payment/benefits to Employee of the Severance consideration detailed in this Agreement, Employee, for and for other valuable considerationon behalf of Employee and Employee’s heirs, you hereby knowingly and voluntarily release and forever discharge the Companyadministrators, its subsidiaries and affiliatesexecutors, their respective successors, predecessors and assigns, does hereby fully, forever, irrevocably and each of their respective unconditionally release and discharge NSM, including its past and present officers, directors, partners, members, parents, subsidiaries, divisions, affiliates, agents, employees, representatives shareholders, representatives, attorneys, successors, assigns, and agents all persons acting by, through, under, or in concert with them (collectivelyhereinafter collectively referred to as "Releasees"), for anything that has occurred up to the “Released Parties”) from date of execution of this Agreement, including but not limited to, any and all claims, suits, controversies, actions, causes claims resulting from Employee’s employment with NSM and any and all claims relating to the administration or terms of action, cross-claims, counter-any employment or benefit plan or contract. This includes all claims, demands, debtsrights, compensatory damagesliabilities, liquidated damagesand causes of action of every nature and description whatsoever, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedwhether in tort, contract, statute, rule, ordinance, order, regulation, or claimed against otherwise, including, without limitation, any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (each, as amended): or based upon Title VII of the Civil Rights Act of 1964Act, as amended; the Civil Rights Act of 1991, as amended; Section 1981 of U.S.C. Title 42; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990Act, as amended; the Family and Medical Leave Act of 1993Act, as amended; the Worker Adjustment Retraining and Notification Fair Credit Reporting Act; the Fair Labor Standards Act, as amended; the Equal Pay Act, as amended; the Employee Retirement Income Security Act, as amended (with respect to unvested benefits); the Consolidated Omnibus Budget Reconciliation Act; the Sarbanes Oxley Act of 19742002, as amended; the Fair Worker Adjustment and Retraining Notification Act, as amended; the Uniform Service Employment and Reemployment Rights Act, as amended; the Texas Labor Standards Code (specifically including the Texas Payday Act, the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code and the Texas Whistleblower Act) and amendments to those laws; all State and Local statutes that may be legally waived that employees could bring employment claims under, including any State or their Local anti-discrimination statute, wage and hour statute, leave statute, equal pay statute and whistleblower statute; any federal or state or local counterpartsconstitutions; or under any other and all claims pursuant to federal, state or local civil or human rights law, or under any other local, state or federal law, regulation statute or ordinance; or under any public policyand all claims pursuant to contract, contract quasi contract, common law or tort; and claims that are known or unknown, suspected or unsuspected, concealed or hidden, or under common law; whether developed or arising under any policiesundeveloped, practices or procedures up through the date of the Company or any Employee’s execution of its subsidiaries or affiliates; or this Agreement. Employee does not release any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that which cannot be released by private agreement, such as unemployment compensation claims, workers’ compensation claims, claims of entitlement to vested benefits under any 401(k) plan or other ERISA-covered benefit plan provided by NSM, and claims after the Effective Date of this Agreement. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Occupational Health and Safety Administration, Securities and Exchange Commission, the Department of Justice or a comparable state or local enforcement agency. Notwithstanding the preceding sentence, Employee agrees to waive any right to recover monetary damages in connection with any charges filed by Employee or by anyone else on Employee’s behalf. To the fullest extent permitted by law, Employee further waives Employee’s right to participate in any collective or class action under the Fair Labor Standards Act or similar or state or local law, and Employee agrees to opt-out of any such collective or class action against NSM, to which Employee may be or become a party or class member. The preceding waivers do not include and employee has not waived as Employee’s right to file an application for or to accept a matter whistleblower award from the SEC pursuant to Section 21F of applicable lawthe Exchange Act.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(c) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable lawassigned to any third party and he has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration of for, among other terms, the Severance and for other valuable considerationBenefits provided under Section 2 above, to which you acknowledge you would otherwise not be entitled, you hereby knowingly and voluntarily release and forever discharge the CompanyQualtrics and Qualtrics Labs, Inc., its subsidiaries and affiliatestheir affiliated and related entities, its and their respective successorspredecessors, predecessors successors and assigns, its and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to your employment by and termination of employment with Qualtrics; • of wrongful discharge or violation of public policy; • of breach of contract; • of defamation or other torts; • for missing personal property or effects or any personal or other information left on Qualtrics equipment, including without limitation any Claim arising Qualtrics computer or network; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); • under any other federal or state statute, including without limitation the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family Employment Relations and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Collective Bargaining Act; the Employee Retirement Income Security Act of 1974; the , Fair Labor Standards Act, Utah Right to Work Act, Utah Drug and Alcohol Testing Act, Utah Minimum Wage Act, Utah Protection of Activities in Private Vehicles Act, Utah Employment Selection Procedures Act, and Utah Occupational Safety and Health Act; • for wages, bonuses, overtime pay, incentive compensation, convertible units, incentive units, stock, phantom stock, restricted stock, restricted stock units, stock options, vacation pay, sick pay, leave, other paid time off, or their state or local counterparts; or under any other federalcompensation or benefits; and • for damages or other remedies of any sort, state including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights under this Agreement. You agree not to accept damages of any nature, other equitable or local civil legal remedies for your own benefit or human rights law, attorney’s fees or under costs from any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company Releasees with respect to any Claim released by this Agreement. This includes any proceeding or action brought against Qualtrics by any entity, person, administrative agency or governmental agency, on your behalf asserting any claim, charge, demand, grievance or cause of its subsidiaries action released herein. You acknowledge that although you may provide information or affiliates; assistance to the Equal Employment Opportunity Commission (“EEOC”) or other government agency/department, you are hereby waiving any claim for wrongful dischargeright to recover damages, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred and any other relief in these mattersany proceeding or action brought against Qualtrics by any other party, including without limitation the EEOC or other government agency/department, on your behalf asserting any claim, charge, demand, grievance, or cause of action released by you herein. The foregoing release will As a material inducement to Qualtrics to enter into this Agreement, you represent that you have not apply assigned any Claim to any rights you may have that cannot be waived as a matter of applicable lawthird party.

Release of Claims. a. In consideration of the Severance and for other valuable considerationEMPLOYEE does hereby unconditionally release, you hereby knowingly and voluntarily release acquit and forever discharge the CompanyPHI, its subsidiaries and or affiliates, their respective successors, predecessors and as well as any successors or assigns, and each of their respective together with all officers, directors, employeesshareholders, representatives managers, employees and agents (collectivelythereof, the “Released Parties”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debtsrights, compensatory liabilities, damages, liquidated damagesinjuries, punitive or exemplary damagescosts, other damages, claims for costs and attorneys’ attorney’s fees, or liabilities causes of any nature whatsoever in law and in equityaction whatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise rising out of or are connected EMPLOYEE’S employment relationship with your employment, or PHI and/or the termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)employment relationship, including without limitation claims and demands relating to wages, benefits, or any Claim arising under the following statues other terms and conditions of employment, any claims for breach of contract (eacheither actual or implied), wrongful discharge, intentional or negligent infliction of emotional harm, or any tort claims, as amended): well as any claims under Federal, State or local law prohibiting employment discrimination, including specifically; (i) the Age Discrimination in Employment Act of 1967; (ii) the Older Worker Benefit Protection Act of 1990; (iii) Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; iv) the Americans with Disabilities Act of 1990; (v) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Employment Retirement Income Security Act of 1974, as amended; and (vi) any counterpart statutes under the Fair Labor Standards Act; laws of Louisiana or their state the other states and localities in which PHI conducts business (including, but not limited to the EMPLOYEE’S right to make a claim on his own behalf or local counterparts; by any third party on his behalf). Notwithstanding the foregoing, the EMPLOYEE does not waive rights or under claims that may arise after the date this waiver is executed, but he does agree to waive any other federal, state and all rights to reinstatement or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawemployment with PHI.

Release of Claims. a. In consideration of for, among other terms, the Severance payments and for other valuable considerationbenefits set forth in this Agreement, you hereby knowingly and to which the Executive acknowledges he would otherwise not be entitled, the Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, its and their respective successorspredecessors, predecessors successors and assigns, its and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, now claims to have or ever claimed to have had against any or all of the Releasees. The Company represents that, as of the date of this Agreement, it is not aware of any grounds for a claim against Executive. The release by the Executive includes, without limitation any Claim arising limitation, all Claims: • relating to the Executive’s employment by and termination of employment with the Company; • of wrongful discharge or violation of public policy; • of breach of contract including, without limitation, the Employment Agreement; • of defamation or other torts; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; • under any other federal or state statute (including, without limitation, Claims under the Fair Labor Standards Act); • for wages, bonuses, incentive compensation, commissions, stock, stock options, vacation pay or their state or local counterparts; or under any other federalcompensation or benefits, state or local civil or human rights laweither under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s vested rights under the Company’s Section 401(k) plan or the Executive’s rights under this Agreement or the Employment Agreement. The Executive agrees not to accept damages of any nature, other local, state equitable or federal law, regulation legal remedies for the Executive’s own benefit or ordinance; attorney’s fees or under costs from any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, the Executive represents that canhe has not be waived as a matter of applicable lawassigned any Claim to any third party.

Release of Claims. a. In consideration of BJ’s entering into this Agreement and the Severance promises and for other valuable considerationbenefits provided herein, you the Executive hereby knowingly fully, forever, irrevocably and voluntarily release unconditionally releases, remises and forever discharge the Company, discharges BJ’s and its subsidiaries current and affiliates, their respective successors, predecessors and assigns, and each of their respective former officers, directors, employeesstockholders, representatives corporate affiliates, subsidiaries, predecessors, agents, employees and agents attorneys (collectively, the “Released Parties”) from any and all claims, suits, controversies, actions, actions and causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether now known or unknown, suspectedthat he has or at any other time had, or claimed shall or may have against any of the those Released Parties that you may have, which arise based upon or arising out of any matter, cause, fact, thing, act or are connected with your employmentomission whatsoever occurring or existing at any time up to and including the date on which he signs this Agreement, including, but not limited to, any common law or statutory claims relating to his employment or termination from employment such as claims of wrongful termination in violation of public policy or under any other theory, breach of contract, fraud, negligent misrepresentation, defamation, infliction of emotional distress, or termination any other tort claim; claims of employmentdiscrimination or harassment based upon national origin, with the Company other than those that arise out of race, age, sex, disability, sexual orientation or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising retaliation under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; , the Americans with With Disabilities Act of 1990Act, or any other applicable Federal, State, or local law prohibiting discrimination; claims under the federal Family and Medical Leave Act of 1993; Act, the Worker Adjustment and Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal lawrule, regulation or ordinanceordinance that is applicable to my employment with the Company; or claims for vacation, sick or personal leave pay, short term or long term disability benefits, or payment pursuant to any practice, policy, handbook or manual of BJ’s. Executive acknowledges that he has no lawsuits, claims or actions pending in his name or on his behalf against the Released Parties, and also expressly waives any and all remedies that may be available under any public policy, contract statute or tort, or under the common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargeincluding, breach of contractwithout limitation, infliction of emotional distress or defamation; or any claim for costsback pay, fees or front pay, other expensesdamages, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawattorney’s fees, court costs and reinstatement.

Release of Claims. a. In exchange for the consideration set forth in paragraph 4, Employee, on behalf of the Severance him, his representatives, successors and for other valuable considerationassigns, you does hereby knowingly waive any and voluntarily release all rights to, and completely releases and forever discharge discharges, the Company, Sparx, Inc., Sun Energy Solar, Inc. (f/k/a Sologic, Inc.), its subsidiaries officers and affiliatesall other representatives, their respective successors, predecessors and assigns, and each of their respective officersagents, directors, employees, representatives successors and agents (collectivelyassigns, the “Released Parties”) and attorneys, from any and all claims, suitsrights, controversiesdemands, actions, obligations, and causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law kind and in equityevery kind, both past nature, and present (through the Release Date) and whether character, known or unknown, suspectedwhich such party may now have, or claimed has ever had, against them arising from or in any way connected with the employment relationship between the parties or the separation thereof, including, but not limited to, any and all claims which could be asserted by virtue of the Released Parties that you may have, which arise out of or are connected with your employment, or termination Agreement; all wrongful discharge claims including retaliatory discharge; all claims relating to any contracts of employment, with the Company other than those that arise out express or implied; any tort of any nature; any covenant of good faith and fair dealing, express or are related to your rights implied; any federal, state, or status as an owner of vested equity municipal statute or ordinance; any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising claim under the following statues (each, as amended): Title VII of the Civil Rights Act of 19641964 as amended; claims under the Civil Rights Act of 19911967, as amended; the Age Discrimination in Employment Act as amended, the Employee Retirement Income Security Act of 1967 (including 1974; the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Americans with Disabilities Act of 19741990, as amended; Florida Wage and Hour laws; the Fair Labor Standards Act; or their state or local counterpartsthe Occupational Safety and Health Act, as amended; or under the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); and any other federal, state or local civil or human rights law, or under laws and regulations relating to the employment context; and common law claims and any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim and all claims for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these mattersand costs. The foregoing release will Employee does not apply to any waive rights you or claims that may have that cannot be waived as a matter of applicable lawarise after the date this Agreement is executed.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; 1964 and Claims of any form of discrimination or retaliation that is prohibited by the Florida Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(b) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable lawassigned to any third party and he has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration Xxxxxxx Xxxxxx (“Xxxxxx”), on behalf of the Severance and for other valuable considerationhimself, you hereby knowingly and voluntarily release and forever discharge the Companyhis spouse, its subsidiaries and affiliates, their respective successors, predecessors heirs, and assigns, and each of their respective officersexcept as expressly set forth herein, hereby forever releases and discharges Apogee Enterprises, Inc., including its parents, affiliates, subsidiaries, business units, directors, officers, employees, representatives agents, predecessors, successors, assigns, and agents insurers (collectively, the “Released Parties”) from to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Released Party with respect to, any and all claims, suitsdebts, controversiesliabilities, demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actions, and causes of action, cross-claimsof whatever kind or nature, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected or unsuspected, fixed or claimed against any of the Released Parties that you may havecontingent, which arise arising out of any act or are connected with your employment, or termination omission occurring before Xxxxxx’x execution of employment, with the Company other than those that arise out this Release of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company Claims (collectively, “ClaimsRelease”), including without limitation but not limited to any Claim claims based on, arising out of, or related to Xxxxxx’x employment with, transition from, or the ending of employment with Apogee; any claims arising from rights under the following statues (eachfederal, as amended): state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963United States Code, as amended; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination in Employment Act (“ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Family and Medical Leave Act of 1993Act; the Worker Adjustment Retraining and Notification ActMinnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act of 1974; the Fair Labor Standards Act; any claims grounded in contract or their state tort theories, including but not limited to breach of express or local counterpartsimplied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of fiduciary or other duty; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slander, and self-publication defamation; infliction of emotional distress; and/or harassment; 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 (the “Released Claims”). The Released Claims shall not include any claims for compensation or benefits: (i) set forth in Sections 2, 3, 4 and/or 5 of the Transition Agreement between Xxxxxx and Apogee, consistent with the terms set forth therein, or otherwise expressly preserved by the Transition Agreement, or (ii) with respect to Xxxxxx’x rights to be indemnified and to have costs of defense advanced to him as a current or former director, officer or employee of Apogee pursuant to the Minnesota Business Corporation Act and Apogee’s Articles of Incorporation and Bylaws or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of liability insurance policy carried by Apogee for the Company or any benefit of its subsidiaries or affiliates; or any claim for wrongful dischargecurrent and past directors, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawofficers and/or employees.

Release of Claims. a. (a) In consideration of the Severance mutual agreements and for other valuable considerationcovenants herein contained, you hereby by signing this Agreement, Xxxxxxx knowingly and voluntarily release releases and forever discharge discharges the Company, Company and its subsidiaries and affiliates, their respective successorssubsidiaries, predecessors divisions, insurers, predecessors, successors and assigns, and each of their respective current and former employees, attorneys, officers, directors, employees, representatives directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Company Released Parties”) ), of and from any and all claims, suitsknown and unknown, controversiesasserted or unasserted, actionswhich Xxxxxxx has or may have against the Company or any Company Released Parties as of the date of execution of this Agreement, causes of actionincluding, cross-but not limited to: (i) any claims, counter-whether statutory, common law, or otherwise, arising out of the terms or conditions of his employment at the Company; (ii) any claims, demandswhether statutory, debtscommon law, compensatory damagesor otherwise, liquidated damages, punitive or exemplary damages, other damages, arising out of the facts and circumstances of his employment and the termination of his employment at the Company; (iii) any claims for costs breach of contract, quantum meruit, unjust enrichment, breach of oral promise, tortuous interference with business relations, injurious falsehood, defamation, negligent or intentional infliction of emotional distress, invasion of privacy, and any other common law contract and tort claims; (iv) any claims for unpaid or lost benefits or salary, bonus, vacation pay, severance pay, or other compensation; (v) any claims for attorneys’ fees, or liabilities of any nature whatsoever in law and in equitycosts, both past and present (through the Release Date) and whether known or unknown, suspecteddisbursements, or claimed against other expenses; (vi) any claims for damages or personal injury; (vii) any claims of the Released Parties that you may haveemployment discrimination, which arise out of harassment or are connected with your employmentretaliation, whether based on federal, state, or termination of employment, with the Company other than those that arise out of local law or are related to your rights judicial or status as an owner of vested equity or administrative decision; and (viii) any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (eachFair Labor Standards Act, as amended): 29 U.S.C.§ 201, et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (as amended); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Civil Rights Act of 1991, Pub. Law No. 102-166; the National Labor Relations Act, 29 U.S.C. § 151, et seq.; the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq.; the Age Discrimination in Employment Act of 1967 (including Act; the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment and Retraining and Notification Act; the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq.; the Employee Retirement Income Security Act of 1974; , 29 U.S.C. §1001, et seq., the Fair Labor Standards Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C. §1514A, et seq., the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act; , claims under North Carolina or their other state or local counterparts; or under laws, including, but not limited to, the North Carolina Retaliatory Employment Discrimination Act, the North Carolina Persons with Disabilities Protection Act, the North Carolina Equal Employment Practices Act, and/or any other federal, state or local civil statute, law, ordinance, regulation or human rights order, or the common law, or under any other localself-regulatory organization rule or regulation. The enumeration of specific rights, claims, and causes of action being released should not be construed to limit the general scope of the foregoing release. It is the intent of Xxxxxxx and the Company that by the foregoing release, Xxxxxxx is giving up all rights, claims, and causes of actions against the Company Released Parties which accrued prior to the effective date hereof, whether or not he is aware of them and whether or not any damage or injury has yet occurred. This release does not include either Party’s right to enforce the terms of this Agreement. In connection with this release provision, Xxxxxxx does not waive his right to file a charge or participate in any proceeding of any federal, state or federal local governmental agency, including the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Securities and Exchange Commission. To the extent permitted by law, regulation Xxxxxxx agrees that if such a claim is made, Xxxxxxx shall not be entitled to recover any individual monetary relief or ordinanceother individual remedies should any administrative agency pursue any claim on his behalf. Nothing in this Agreement extinguishes any claims Xxxxxxx may have: (i) against the Company for breach of this Agreement; or under (ii) against any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or Released Parties for any of its subsidiaries or affiliatesclaims arising from events that occur following the Effective Date; or any claim for wrongful discharge(iii) related to the Company’s obligation, breach if any, to indemnify Xxxxxxx as an officer of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expensesthe Company, including attorneysunder any directors’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawand officers’ liability policy maintained by the Company.

Release of Claims. a. In consideration of for the Severance Continued Employment Period and for other valuable considerationthe pay and benefits provided in this Agreement, you hereby knowingly and voluntarily your heirs, executors, representatives, agents, insurers, administrators, successors and assigns fully waive, release and forever discharge the Company, its subsidiaries and including, without limitation, all of the Company’s related corporations, affiliates, their respective successorsparents, predecessors and assignssubsidiaries, joint ventures, and each of their respective current and former directors, officers, directors, employees, agents, attorneys, insurers, shareholders, representatives and agents assigns (collectively, the “Released Parties”) ), from any and all claimsliability, suitsdamages, controversies, actions, claims or causes of action, cross-claimsdirect or indirect, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedrelating in any way to your employment with the Company or the termination of that employment. You acknowledge and understand that by entering into this Agreement, or claimed you are waiving and releasing any legal claims you may have relating to your employment at the Company and the termination of that employment. This release also includes, but is not limited to, all claims against any of the Released Parties that you may haveunder any local, which arise out of state or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)federal laws, including without limitation any Claim arising under the following statues (eachbut not limited to ERISA, as amended): 29 U.S.C. § 1001, et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, as amended; the Post Civil War Civil Rights Acts, 42 U.S.C. §§ 1981-1988; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963Act; the Americans with Disabilities Act of 1990Act; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Rehabilitation Act of 19741973; the Uniformed Services Employment and Reemployment Rights Act; the Fair Labor Standards Act; or their state or local counterpartsExecutive Order 11246; or under any the Xxxxxxxx-Xxxxx Act, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the National Labor Relations Act, as amended; the Genetic Information Nondiscrimination Act; and all other federal, state state, or local civil common or human rights lawstatutory law theories and all federal, state, or under any other locallocal labor, state employment or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of wage laws that may legally be waived. This release and the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred ADEA release in these matters. The foregoing release will Section 5 do not apply to waive any rights you may have have, if any, in vested retirement benefits with the Company or for unemployment compensation benefits with a state agency. The releases also do not prevent you from pursuing a claim that canthe Company has violated the terms of this Agreement. Your releases also do not be waived as prevent you from filing a matter of claim for discrimination, or participating in an investigation, with the Equal Employment Opportunity Commission, the National Labor Relations Board or any applicable lawstate labor agency, but you agree not to accept any monetary damages or other compensation for any claim.

Release of Claims. a. In consideration exchange for the promises and covenants made in the Separation Agreement by Xxxx-Xxxx, I (on behalf of the Severance myself and for other valuable considerationmy spouse, you hereby knowingly agents, heirs, executors, estates, representatives, successors and voluntarily assigns) release Xxxx-Xxxx Realty L.P. and forever discharge the Company, its subsidiaries and affiliatesXxxx-Xxxx Realty Corporation, their respective predecessors, successors, predecessors affiliates, subsidiaries, parents and assignsassigns (collectively and individually, the “Employer”), and each of their respective officers, directors, managers, trustees, shareholders, partners, members, employees, representatives agents and agents all persons acting by, through, under, or in concert with them or any of them (collectivelycollectively called “Employer Releasees”), the “Released Parties”) from any and all claimsliability, suits, controversies, actionsobligations, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature and/or demands whatsoever in law or equity arising or that may arise from any aspect of your employment with the Employer and in equityseparation from that employment. This release includes, both past but is not limited to (1) all wrongful discharge claims (including but not limited to claims based on breach of contract or implied contract, breach of the covenant of good faith and present (through the Release Date) and whether known or unknown, suspectedfair dealing, or claimed against any violation of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company public policy); (collectively, “Claims”), including without limitation any Claim arising 2) claims under the following statues (each, as amended): Title VII of the Civil Rights Act of 19641964 as amended (which prohibits discrimination on the basis of color, national origin, race, religion, and sex); the Civil Rights Act of 1991; (3) claims under the Age Discrimination in Employment Act (which prohibits discrimination against persons 40 years of 1967 (including the Older Workers Benefit Protection Actage or older because of age); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; (4) claims under the Employee Retirement Income Security Act of 1974, as amended; (5) claims under the Fair Labor Standards Older Workers Benefit Protection Act of 1990; (6) claims under the Civil Rights Act of 1866; (7) claims under the Xxxxxxxx-Xxxxx Act of 2002; (8) claims under the Consolidated Omnibus Budget Reconciliation Act; or their (9) claims under the Immigration Reform and Control Act; (10) claims under the National Labor Relations Act; (11) claims under the Americans With Disabilities Act (which prohibits discrimination on the basis of disabilities); (12) claims under the federal and state Family and Medical Leave Acts; (13) claims under the Genetic Information Non-discrimination Act; (14) claims under any state or local counterpartsfederal wage and hour law; (15) claims under the New Jersey Law Against Discrimination (which prohibits discrimination on the basis of age, color, handicap, national origin, race, religion, sex, or sexual orientation); (16) claims under the New Jersey Conscientious Employee Protection Act; (17) claims under the New Jersey SAFE Act; and (18) claims under any other federal or state statute, common law, or decisional law, as well as claims for negligent and/or intentional infliction of emotional distress, for alleged interference with any contract, economic opportunity or prospective economic advantage, or for alleged violation of any federal, state or local civil or human rights law, regulation, ordinance or under any other localcommon-law duty relating to, state or federal law, regulation or ordinance; or under any public policy, contract or tortarising out of, or under common law; or arising under having any policiesbearing whatsoever on, practices or procedures of your former employment by the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expensesEmployer, including attorneys’ fees incurred in these mattersyour separation from that employment. The foregoing release will By its terms, this Supplemental Release includes not apply to any rights you may have only claims arising before the day I sign this Supplemental Release, but also all claims arising from that cannot be waived as a matter day forward arising from the then-present effect of applicable lawacts or conduct occurring before that day.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(b) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. The Executive agrees that she shall not seek or accept damages of any nature, other localequitable or legal remedies for her own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. She further represents that canshe has not be waived as a matter of applicable lawassigned to any third party and she has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration of for the Severance benefits and for other valuable considerationpromises contained herein, you and as a material inducement to the Company to enter into this Separation Agreement, Executive hereby knowingly knowingly, voluntarily, and voluntarily release irrevocably and unconditionally releases and forever discharge discharges the CompanyCompany and all present and former directors, its subsidiaries and officers, agents, owners, shareholders, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates, their respective successorsassigns and successors (and all present and former agents, predecessors and assignsdirectors, and each of their respective officers, directorsowners, shareholders, employees, representatives and agents attorneys of such parent companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under or in concert with any of them (collectively, the “Released Parties”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs costs, expenses and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Datedate of this Separation Agreement) and whether known or unknown, suspected, or claimed against the Company or any of the Released Parties that you which Executive, or any of Executive’s heirs, executors, administrators or assigns, may have, which arise out of or are connected with your employmentExecutive’s employment with, or termination of employmentExecutive’s separation from, with the Company other than those Company. This Release expressly covers, without limitation, any and all any claims, allegations, or violations that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising Executive might raise under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliatesCompany; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or distress, defamation; or any claim for costs, fees fees, or other expenses, including attorneys’ fees incurred in these matters) (all of the foregoing collectively referred to herein as the “Claims”). The foregoing Executive represents that Executive has made no assignment or transfer of any Claim, cause of action, or other matter covered by Section 8 above. Executive agrees that this General Release does not waive or release will not apply to any rights you or claims that Executive may have under the Age Discrimination in Employment Act of 1967 which arise after the date Executive executes this Separation Agreement. In signing this General Release, Executive acknowledges and intends that cannot it shall be waived effective as a matter bar to each and every one of applicable lawthe Claims hereinabove mentioned or implied. Executive further agrees that in the event Executive should bring a Claim seeking damages against the Company, or in the event Executive should seek to recover against the Company in any Claim brought by a governmental agency on Executive’s behalf, this General Release shall serve as a complete defense to such Claims. Executive agrees that if Executive violates this General Release by suing the Company or the other Released Parties, Executive will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys’ fees, and return all payments received by Executive pursuant to the Agreement.

Release of Claims. a. In exchange for the consideration of the Severance set forth in paragraph 2 and for other valuable consideration, you the adequacy of which Mr. Dosch expressly acknowledges, Mr. Dosch hereby knowingly releases and voluntarily release and forever discharge forevxx xxxxxxrges the Company, its subsidiaries and affiliatesall xx xxx xffiliates, their respective parent corporations, subsidiaries, divisions, predecessors, successors, predecessors and assigns, and each all of their respective directors, officers, directors, agents and employees, representatives personally and agents (collectivelyin their representative and official capacities, the “Released Parties”) from any and all local, state and federal lawsuits, claims, suitsremedies, controversies, actions, causes of action, cross-claims, counter-claimsdamages, demands, debtsdiscrimination suits or charges, compensatory damagescosts and attorneys fees, liquidated damagesand any causes of action of whatever type or nature, punitive whether legal or exemplary damagesequitable, other damageswhether known, unknown or unforeseen. The rights, liabilities, claims for costs and attorneys’ feesactions released, waived and extinguished here by Mr. Dosch, and with respect to which Mr. Dosch covenants not to sue, xxxxx xxxlude but not be limited to txxxx xxxxing or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising might xxise under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; any and all claims under the Civil Rights Act of 19911866; any and all claims under the Americans With Disabilities Act of 1990; any and all claims under the Age Discrimination in Employment Act of 1967 (Act, as amended, including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the any and all claims under Family and Medical Leave Act of 1993; any and all claims under the Worker Adjustment Retraining and Notification Act; the Employee Employment Retirement Income Security Act of 1974; the Fair Labor Standards Act; any and all claims for attorneys fees; any and all contract, tort or their state common law claims, included but not limited to, any and all claims for compensation or local counterparts; or bonuses under any other of the Company's compensation plans; and any and all claims under any federal, state or local civil statute or human rights law, ordinance or under any other localfederal, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under local common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable law.

Release of Claims. a. In consideration exchange for the payment to Employee of the Severance consideration detailed in this Agreement, Employee, for and for other valuable considerationon behalf of Employee and Employee’s heirs, you hereby knowingly and voluntarily release and forever discharge the Companyadministrators, its subsidiaries and affiliatesexecutors, their respective successors, predecessors and assigns, does hereby fully, forever, irrevocably and each of their respective unconditionally release and discharge NSM, including its past and present officers, directors, partners, members, parents, subsidiaries, divisions, affiliates, agents, employees, representatives shareholders, representatives, attorneys, successors, assigns, and agents all persons acting by, through, under, or in concert with them (collectivelyhereinafter collectively referred to as “Releasees”), for anything that has occurred up to the “Released Parties”) from date of execution of this Agreement, including but not limited to, any and all claims, suits, controversies, actions, causes claims resulting from Employee’s employment with NSM and any and all claims relating to the administration or terms of action, cross-claims, counter-any employment or benefit plan or contract. This includes all claims, demands, debtsrights, compensatory damagesliabilities, liquidated damagesand causes of action of every nature and description whatsoever, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedwhether in tort, contract, statute, rule, ordinance, order, regulation, or claimed against otherwise, including, without limitation, any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (each, as amended): or based upon Title VII of the Civil Rights Act of 1964Act, as amended; the Civil Rights Act of 1991, as amended; Section 1981 of U.S.C. Title 42; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990Act, as amended; the Family and Medical Leave Act of 1993Act, as amended; the Worker Adjustment Retraining and Notification Fair Credit Reporting Act; the Fair Labor Standards Act, as amended; the Equal Pay Act, as amended; the Employee Retirement Income Security Act, as amended (with respect to unvested benefits); the Consolidated Omnibus Budget Reconciliation Act; the Sarbanes Oxley Act of 19742002, as amended; the Fair Worker Adjustment and Retraining Notification Act, as amended; the Uniform Service Employment and Reemployment Rights Act, as amended; the Texas Labor Standards Code (specifically including the Texas Payday Act, the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code and the Texas Whistleblower Act) and amendments to those laws; all State and Local statutes that may be legally waived that employees could bring employment claims under, including any State or their Local anti-discrimination statute, wage and hour statute, leave statute, equal pay statute and whistleblower statute; any federal or state or local counterpartsconstitutions; or under any other and all claims pursuant to federal, state or local civil or human rights law, or under any other local, state or federal law, regulation statute or ordinance; or under any public policyand all claims pursuant to contract, contract quasi contract, common law or tort; and claims that are known or unknown, suspected or unsuspected, concealed or hidden, or under common law; whether developed or arising under any policiesundeveloped, practices or procedures up through the date of the Company or any Employee’s execution of its subsidiaries or affiliates; or this Agreement. Employee does not release any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that which cannot be waived released by private agreement, such as unemployment compensation claims, workers’ compensation claims, claims of entitlement to vested benefits under any 401(k) plan or other ERISA-covered benefit plan provided by NSM, claims after the Effective Date of this Agreement, and the right to file administrative charges with government agencies. Nothing in this Agreement shall be construed to prohibit Employee from filing a matter charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Occupational Health and Safety Administration, Securities and Exchange Commission, the Department of applicable Justice or a comparable state or local enforcement agency. Notwithstanding the preceding sentence, Employee agrees to waive any right to recover monetary damages in connection with any charges filed by Employee or by anyone else on Employee’s behalf. To the fullest extent permitted by law, Employee further waives Employee’s right to participate in any collective or class action under the Fair Labor Standards Act or similar or state or local law, and Employee agrees to opt-out of any such collective or class action against NSM, to which Employee may be or become a party or class member.

Release of Claims. a. In consideration of exchange for the Severance promises and for other valuable considerationcovenants set forth herein, you the Employee hereby knowingly and voluntarily release releases, acquits, and forever discharge discharges the Company, its subsidiaries parents and affiliates, their respective successors, predecessors and assignssubsidiaries, and each of their respective officers, directors, agents, servants, employees, representatives attorneys, shareholders, partners, successors, assigns, affiliates, customers, and agents (collectively, the “Released Parties”) clients of and from any and all claimsclaims liabilities, suits, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demandsattorneys' fees, debts, compensatory damages, liquidated damagesindemnities and obligations of every kind and nature, punitive or exemplary damagesin law, other damages, claims for costs and attorneys’ feesequity, or liabilities of any nature whatsoever in law otherwise, known and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company disclosed and undisclosed (collectively, “Claims”), (including without limitation but not limited to any Claim arising under federal, state or local law or cause of action including, but not limited to, the following statues (eachNational Labor Relations Act, as amended): Title VII of the Civil Rights Act of 1964; , as amended, the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; , the Americans with Disabilities Act of 1990; With Disability Act, the Federal Family and Medical Leave Act of 1993; , the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Vietnam Era Veterans Readjustment Assistance Act of 1974, and state and local laws, any allegation of wrongful termination and any claim arising out of the Constitution of the State of Nevada; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the Fair Labor Standards Actimplied covenant of good faith and fair dealing), but only to the extent that such Claims directly or indirectly arise out of or are in any way connected with: (a) the Company’s employment of the Employee, (b) the termination of that employment, (c) the Company’s performance of its obligations as the Employee’s former employer; (d) claims or their state or local counterparts; or under any other federaldemands related to salary, state or local civil or human rights lawbonuses, commissions, or under any other local(e) vacation pay, state or federal lawfringe benefits, regulation or ordinance; or under any public policyexpense reimbursements, contract or tortseverance pay, or under common law; any form of compensation. The Employee agrees to indemnify and hold the Company and its shareholders, directors, officers, agents and employees harmless from any liabilities, debts, demands, causes of action, injuries, costs, attorneys' fees or damages of any kind arising under any policies, practices or procedures out of the Company Employee’s action or any of its subsidiaries inactions, whether negligent or affiliates; otherwise, with respect to, or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawconnection with the Severance Agreement and the Employment Agreement.

Release of Claims. a. In exchange for the consideration of under this Agreement to which you would not otherwise be entitled, including but not limited to the Severance and for other valuable considerationHealth Insurance Reimbursement, you hereby knowingly generally and voluntarily completely release the Company and forever discharge the Companyits parent, its subsidiaries subsidiary, and affiliatesaffiliated entities (along with their predecessors and successors) and their directors, their respective successorsofficers, predecessors employees, shareholders, partners, agents, attorneys, insurers, affiliates and assigns, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from any and all claims, suitsliabilities and obligations, controversiesboth known and unknown, actionsthat arise from or are in any way related to events, causes acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of actionor in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, cross-including salary, bonuses, commissions, vacation pay, expense reimbursements, severance payments, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, counter-including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, including but not limited to claims for costs and discrimination, harassment, retaliation, attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964; 1964 (as amended), the Civil Rights federal Americans with Disabilities Act of 1991; 1990 (as amended), the federal Age Discrimination in Employment Act of 1967 (including as amended) (the Older Workers Benefit Protection “ADEA”), the California Labor Code, and the California Fair Employment and Housing Act); the Equal Pay Act . You represent that you have no lawsuits, claims or actions pending in your name, or on behalf of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federalperson or entity, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of against the Company or any of its subsidiaries other person or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred entity subject to the release granted in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawthis paragraph.

Release of Claims. a. In consideration of exchange for the Severance promises and for other valuable considerationcovenants set forth herein, you Xxxxx hereby knowingly and voluntarily release releases, acquits, and forever discharge discharges the Company, its subsidiaries parents and affiliates, their respective successors, predecessors and assignssubsidiaries, and each of their respective officers, directors, agents, servants, employees, representatives attorneys, shareholders, partners, successors, assigns, affiliates, customers, and agents (collectively, the “Released Parties”) clients of and from any and all claimsclaims liabilities, suits, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities damages, indemnities and obligations of any nature whatsoever every kind and nature, in law and in law, equity, both past or otherwise, known and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are connected with your employmentin any way related to agreements, acts or termination of employmentconduct at any time prior to the Effective Date, with the Company other than those that arise including, but not limited to: all such claims and demands directly or indirectly arising out of or are in any way connected with the Company’s employment of Xxxxx, the termination of that employment, and the Company’s performance of its obligations as Xxxxx’x employer; claims or demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, stock, stock options, or any vested equity-equivalent other ownership interests in the Company (collectivelyCompany, “Claims”)vacation pay, including without limitation fringe benefits, expense reimbursements, severance pay, or any Claim arising under form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the following statues (each, as amended): California Fair Employment and Housing Act; Title VII of the federal Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the federal Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act“ADEA”); the Equal Pay Act of 1963; the federal Americans with With Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common tort law; or arising under any policies, practices or procedures contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the Company or any implied covenant of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawgood faith and fair dealing.

Release of Claims. a. (a) In consideration of the Severance accelerated vesting and for other valuable considerationPTO payout set forth in Section 2(b) (and any portion of such acceleration), you Employee hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, Parent, each of its and their present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Released Parties”) ), from liability for, and Employee hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law kind related to Employee’s employment with any Released Party, the termination of such employment, and in equityany other acts or omissions related to any matter occurring or existing, both past and present (through the Release Date) and whether known or unknown, suspectedon or prior to the time that Employee executes this Agreement, whether arising under federal or claimed against state laws or the laws of any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such time of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law; (H) the Texas Labor Code (including the Texas Payday Law, or under the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code, and the Texas Whistleblower Act); (I) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (J) any public policy, contract or contract, tort, or under common law; law claim or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargedefamation, breach emotional distress, fraud or misrepresentation of contract, infliction of emotional distress or defamationany kind; or (ii) any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Released Claim; (iii) any rights you and all rights, benefits, or claims Employee may have under any employment contract (including the Employment Agreement), incentive or compensation plan or agreement (including the LTIP and the applicable award agreements thereunder) or under any other benefit plan, program or practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that any and all potential claims of applicable lawthis nature that Employee may have against any of the Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES.

Release of Claims. a. In exchange for the payments and other consideration of the Severance and for other valuable considerationunder this Agreement to which you would not otherwise be entitled, you hereby knowingly and voluntarily release release, acquit and forever discharge the Company, and its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directors, agents, servants, employees, representatives attorneys, shareholders, successors, assigns and agents (collectivelyaffiliates, the “Released Parties”) of and from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities damages, indemnities and obligations of any nature whatsoever every kind and nature, in law and in law, equity, both past or otherwise, known and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the date you sign this Agreement, including but not limited to: (a) any and all such claims and demands directly or indirectly arising out of or in any way connected with your employment, or termination of employment, employment with the Company other than those or the conclusion of that arise out of employment; (b) all claims or are demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, incentive payments, stock, stock options, or any vested equity-equivalent ownership or equity interests in the Company (collectively, “Claims”)Company, including without limitation vacation pay, personal time off, fringe benefits, severance benefits, or any Claim arising under other form of compensation; (c) all claims pursuant to any federal, any state or any local law, statute, common law or cause of action including, but not limited to, the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964; , as amended, attorney’s fees under Title VII of the federal Civil Rights Act of 1991; 1964, as amended, or any other statute, agreement or source of law, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the federal Americans with Disabilities Act of 1990; , the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; , the Employee Retirement Income Security Act of 1974; Act, the Fair Labor Standards Age Discrimination in Employment Act; or their state or local counterparts; or under , as amended, the Utah anti discrimination statute, any other federalstate labor code, state and the Equal Pay Act, of 1963, as amended; (d) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (e) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy. You represent that you have no lawsuits, claims or local civil actions pending in your name or human rights law, or under on behalf of any other localperson or entity, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of against the Company or any of its subsidiaries other person or affiliates; entity subject to the release granted in this paragraph. You further agree that in the event you bring a claim or charge covered by this release, or do not dismiss and withdraw any claim for wrongful dischargecovered by this release, breach of contractin which you seek damages against the Company, infliction of emotional distress this Agreement shall serve as a complete defense to such claims or defamation; or charges. Excluded from this release are any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have claims that cannot be waived by law. You are waiving, however, your right to any monetary recovery should any agency, such as a matter the EEOC or the Department of applicable lawLabor, pursue any claims on your behalf.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and I voluntarily release and forever discharge the Company, its subsidiaries and affiliatesEmployers, their respective successorsaffiliated and related entities, predecessors their predecessors, successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, trustees, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when I sign this Release, I have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to my employment by the Employers and the termination of my employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; 1964 and Claims of any form of discrimination or retaliation that is prohibited by the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection ActMassachusetts General Laws Chapter 151B); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute; • of defamation or other torts; • of violation of public policy; • for wages, state bonuses, incentive compensation, vacation pay or local civil any other compensation or human rights lawbenefits, either under the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150C, or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect my rights (i) under any tax-qualified plan of any of the Employers in which I participate, (ii) for other localvested benefits, state (iii) to indemnification and/or directors and officers insurance coverage or federal law(iv) under the Employment Agreement. I agree that I shall not seek or accept damages of any nature, regulation other equitable or ordinance; or under any public policylegal remedies for my own benefit, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may Claim released by this Agreement. I represent that I have that cannot be waived as a matter of applicable lawassigned to any third party and I have not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration of for, among other terms, the Severance Benefits described in Section 2 and for other valuable considerationthe stock option acceleration and extended option exercise period described in Section 5, to which you acknowledge you would otherwise not be entitled, you hereby knowingly and voluntarily release and forever discharge the Company, its subsidiaries affiliated and affiliatesrelated entities, its and their respective successorspredecessors, predecessors successors and assigns, its and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation any Claim arising limitation, all Claims: · relating to your employment by and termination of employment with the Company; · of wrongful discharge; · of breach of contract; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or · under any other federalfederal or state statute; · of defamation or other torts; · of violation of public policy; · for wages, state or local civil or human rights lawbonuses, incentive compensation, stock, stock options, or under any other localbenefits; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights under this Agreement or any right to indemnification granted by any agreement or bylaw of the Company, state or federal law, regulation or ordinance; policy of insurance. You agree that you shall not accept damages of any nature, other equitable or under any public policylegal remedies for your own benefit, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Releasees with respect to any Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, you represent that you have not assigned to any third party and you have not filed with any agency or court any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these mattersClaim released by this Agreement. The foregoing release will Company is not apply currently aware of any matters that may give rise to any rights you may have that cannot be waived as a matter of applicable lawclaim against you.

Release of Claims. a. In consideration of the Severance and for other valuable considerationEMPLOYEE does hereby unconditionally release, you hereby knowingly and voluntarily release acquit and forever discharge the CompanyPHI, its subsidiaries and or affiliates, their respective successors, predecessors and as well as any successors or assigns, and each of their respective together with all officers, directors, employeesshareholders, representatives managers, employees and agents (collectivelythereof, the “Released Parties”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debtsrights, compensatory liabilities, damages, liquidated damagesinjuries, punitive or exemplary damagescosts, other damages, claims for costs and attorneys’ attorney’s fees, or liabilities causes of any nature whatsoever in law and in equityaction whatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise rising out of or are connected EMPLOYEE’s employment relationship with your employment, or PHI and/or the termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)employment relationship, including without limitation claims and demands relating to wages, benefits, or any Claim arising under the following statues other terms and conditions of employment, any claims for breach of contract (eacheither actual or implied), wrongful discharge, intentional or negligent infliction of emotional harm, or any tort claims, as amended): well as any claims under Federal, State or local law prohibiting employment discrimination, including specifically; (i) the Age Discrimination in Employment Act of 1967; (ii) the Older Worker Benefit Protection Act of 1990; (iii) Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; iv) the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; (v) the Employee Retirement Income Security Act of 1974; and (vi) any counterpart statutes under the Fair Labor Standards Act; laws of Louisiana or their state the other states and localities in which PHI conducts business (including, but not limited to the EMPLOYEE’s right to make a claim on his own behalf or local counterparts; by any third party on his behalf). Notwithstanding the foregoing, the EMPLOYEE does not waive rights or under claims that may arise after the date this waiver is executed, but he does agree to waive any other federal, state and all rights to reinstatement or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawemployment with PHI.

Release of Claims. a. In As partial consideration of for the Severance and for other valuable considerationbenefit provided under Section 3(b) hereof, you Executive hereby knowingly and voluntarily release and forever discharge releases the Company, its subsidiaries and affiliatesAffiliates, their respective successors, predecessors and assigns, and each of their the respective officers, directors, employeesand employees of each of the foregoing, representatives and agents the predecessors, successors and assigns of all of the foregoing, and each of Xxxxxxx, Dubilier & Rice, LLC, CVC Capital Partners Advisory (collectivelyU.S.), Inc. and Temasek Holding (Private) Limited and their respective affiliates, including any investment fund affiliated with any of the “Released Parties”) foregoing, from any and all claims, suitscauses of action, controversiesand liability for damages of whatever kind, actionsknown or unknown, arising from or relating to Executive’s employment and separation from employment (“Released Claims”). Released Claims include claims (including claims to attorneys’ fees), damages, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities disputes of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)kind whatsoever, including without limitation all claims for wages, employee benefits, and damages arising out of any Claim arising under contracts, express or implied (including the following statues (eachEmployment Agreement); tort; discrimination; wrongful termination; any federal, as amended): state, local, or other governmental statute or ordinance, including without limitation Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; , as amended, the Age Discrimination in Employment Act of 1967 Act, as amended (including “ADEA”), the Older Workers Benefit Protection Fair Labor Standards Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family , and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); and any other legal limitation on the Fair Labor Standards Act; employment relationship. Notwithstanding the foregoing, Released Claims do not include claims for breach or their state enforcement of this Agreement, claims that arise after the execution of this Agreement, claims to vested benefits under ERISA, workers’ compensation claims, or local counterparts; any other claims that may not be released under this Agreement in accordance with applicable law. This waiver and release shall not apply to (i) any claims arising after Executive’s execution of this Release, (ii) any claims for compensation or benefits provided under Section 2 or 3 of this Agreement, (iii) any claims under Section 24 of the Employment Agreement (Indemnification) and under any other federaldirectors and officers liability insurance under which Executive is covered as an insured or (iv) any claims as a shareholder of the Company. Executive represents and warrants that Executive has not filed any litigation based on any Released Claims. Executive covenants and promises never to file, state or local civil or human rights lawpress, or under join in any other locallawsuit based on any Released Claim and agrees that any such claim, state or federal lawif filed by Executive, regulation or ordinance; or under shall be dismissed, except that this covenant and promise does not apply to any public policy, contract or tort, or under common law; or claim of Executive challenging the validity of the release of claims set forth in this Section 5 in connection with claims arising under the ADEA. Executive represents and warrants that Executive is the sole owner of any policiesand all Released Claims that Executive may have; and that Executive has not assigned or otherwise transferred Executive’s right or interest in any Released Claim. Executive hereby confirms that he has no disagreement regarding any matter relating to the operations, policies or practices or procedures of the Company or any of its subsidiaries or affiliates; Affiliates and no knowledge of any failure of any of them or any claim for wrongful dischargeof their employees, breach of contractofficers, infliction of emotional distress directors or defamation; shareholders at any time to have complied with any legal or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply regulatory requirements applicable to any rights you may have that cannot be waived of the foregoing persons or individuals. Executive specifically agrees as a matter of applicable law.follows:

Release of Claims. a. In exchange for the consideration of the Severance under this Agreement to which Individual would not otherwise be entitled, and for other valuable considerationexcept as otherwise set forth in this Agreement, you Individual hereby knowingly and voluntarily release releases, acquits and forever discharge discharges the Company, its subsidiaries parents and affiliates, their respective successors, predecessors and assignssubsidiaries, and each of its and their respective officers, directors, agents, servants, employees, representatives attorneys, shareholders, successors, assigns and agents (collectivelyaffiliates, the “Released Parties”) of and from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities damages, indemnities and obligations of any nature whatsoever every kind and nature, in law and in law, equity, both past or otherwise, known and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the date Individual signs this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment, or termination of employment, Individual’s employment with the Company other than those or the termination of that arise out of employment; claims or are demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, stock, stock options, or any vested equity-equivalent other ownership interests in the Company (collectivelyCompany, “Claims”)vacation pay, including without limitation fringe benefits, expense reimbursements, severance pay, or any Claim arising under other form of compensation; claims pursuant to any federal, state or local law, statute or cause of action including, but not limited to, the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964, as amended, including without limitation claims for attorneys’ fees; the Civil Rights Act of 1991; the Federal Age Discrimination in Employment Act of 1967 Act, as amended (including the Older Workers Benefit Protection Act“ADEA”); the Equal Pay Act of 1963; the federal Americans with Disabilities Act of 1990; the Family Maryland Fair Employment Practices Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and Medical Leave Act breach of 1993; the Worker Adjustment Retraining implied covenant of good faith and Notification Act; fair dealing. Individual represents that he has not filed any complaints or claims against the Employee Retirement Income Security Act of 1974; Company with the Fair Labor Standards Act; Equal Employment Opportunity Commission, or their state or local counterparts; or under with any other federal, state or local civil agency or human rights lawcourt, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or and covenants that he will not seek to recover on any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred released in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawthis Agreement.

Release of Claims. a. (a) In consideration of the Severance benefits and payments provided for in Sections 4 and 5 of the Separation Agreement, Executive, for herself and for other valuable considerationher heirs, you administrators, representatives, executors, successors and assigns (collectively “Executive”), hereby knowingly releases, waives, discharges and voluntarily release gives up any and forever discharge all “Executive Claims” (as defined below) which Executive has or may have against the CompanyCompany and its parents, its affiliates (including Colony RIH), and subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective current and past shareholders, members, partners, officers, directors, employees, representatives attorneys, and agents agents, as well as any future successor or assign or estate of any of the foregoing (collectively, collectively the “Released PartiesCompany”) from arising on or prior to the Effective Date and that relate to the Company or any of its affiliated companies. For purposes of this Release, “Executive Claims” means any and all claimsactions, suitscharges, controversies, actionsdemands, causes of action, cross-claimssuits, counter-claimsrights, demands, and/or claims whatsoever for debts, compensatory sums of money, wages, salary, severance pay, vacation pay, bonuses, sick pay, fees and costs, attorneys fees, losses, penalties, damages, liquidated damagesincluding damages for pain and suffering and emotional harm, punitive arising, directly or exemplary damagesindirectly, other damages, claims for costs and attorneys’ fees, or liabilities out of any nature whatsoever in law and in equitypromise, both past and present (through agreement, offer letter, contract, understanding, common law, tort, the Release Date) and whether known or unknownlaws, suspectedstatutes, or claimed against any and/or regulations of the Released Parties that you may have, which arise out State of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity Delaware or any vested equity-equivalent in other state and the Company (collectively, “Claims”)United States, including without limitation any Claim arising under the following statues (eachbut not limited to, as amended): federal and state wage and hour laws, federal and state whistleblower laws, Title VII of the Civil Rights Act of 1964; , as amended, the Civil Rights Act of 1991; , the Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974 (excluding COBRA), the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act of 1967 (including “ADEA”), the Older Workers Benefit Protection Act); , the Workers Adjustment and Retraining Notification Act, the Occupational Safety and Health Act, the Xxxxxxxx-Xxxxx Act of 2002, the New Jersey Family Leave Act, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, and the New Jersey Constitution and any analogous local or state laws or statutes, as each may be amended from time to time, claims for workers compensation under New Jersey law, and any other claim based upon any act or omission, whether intentional or unintentional. This releases all Executive Claims including those of which Executive is not aware and those not mentioned in this Release. Executive specifically releases any and all claims arising out of Executive’s employment with the Company or termination therefrom. Nothing in this Release shall preclude Executive from (i) participating in any manner in an investigation, hearing or proceeding conducted by the Equal Pay Act Employment Opportunity Commission (“EEOC”), Casino Control Commission or Division of 1963; the Americans with Disabilities Act Gaming Enforcement, but Executive hereby waives any and all rights to recover under, or by virtue of, any such investigation, hearing or proceeding or (ii) exercising her rights under Section 601-608 of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights lawas amended, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived popularly known as a matter of applicable lawCOBRA.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(b) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable lawassigned to any third party and he has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration The Executive, on his own behalf and on behalf of the Severance his respective heirs, family members, executors, agents and for other valuable considerationassigns, you hereby knowingly and voluntarily release fully and forever discharge releases the CompanyCompany and its divisions, its subsidiaries and affiliates, their respective successorssubsidiaries, predecessors and assigns, successors and each of their respective officers, directors, employees, representatives representatives, agents, investors, shareholders, administrators and agents (collectivelyassigns, the “Released Parties”) from from, and agree not to xxx concerning, any and all claimsclaim, suitsduty, controversies, actions, causes obligation or cause of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action relating to any matters of any nature whatsoever in law and in equitykind, both past and present (through the Release Date) and whether presently known or unknown, suspectedsuspected or unsuspected, that the Executive may possess arising from any omissions, acts or facts that have occurred up until and including the effective date of this Agreement including, without limitation, the following: (a) any and all claims relating to or arising from the Executive’s employment relationship with the Company; (b) any and all claims relating to, or claimed against any arising from, the Executive’s right to purchase, or actual purchase of shares of stock of the Released Parties that you may haveCompany, which arise out including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or are connected with your employmentfederal law; (c) any and all claims under the law of any jurisdiction including, or termination without limitation, wrongful discharge of employment, constructive discharge from employment, termination in violation of public policy, discrimination, breach of contract, both express and implied, breach of a covenant of good faith and fair dealing, both express and implied, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, negligent or intentional interference with the Company other than those that arise out contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, and conversion; (d) any and all claims for violation of any federal, state or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectivelymunicipal statute, “Claims”)including, including without limitation any Claim arising under the following statues (eachlimitation, as amended): Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; 1967, the Americans with Disabilities Act of 1990; , the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Fair Labor Standards Act; , the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act, the Older Workers Benefit Protection Act; the California Fair Employment and Housing Act, the California Labor Standards Code, the Arizona Civil Rights Act, and the 1996 Arizona Employment Protection Act; (e) any and all claims for violation of the federal, or their state or local counterpartsany state, constitution; or under (f) any and all claims arising out of any other federal, state laws and regulations relating to employment or local civil or human rights law, or under any other local, state or federal law, regulation or ordinanceemployment discrimination; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or (g) any claim for wrongful dischargeany loss, breach cost, damage, or expense arising out of contract, infliction of emotional distress or defamation; or any claim for costs, fees dispute over the non-withholding or other expenses, including tax treatment of any of the proceeds received by the Executive as a result of this Agreement; and (h) any and all claims for attorneys’ fees incurred in these mattersand costs. The foregoing Company and the Executive agree that the releases set forth in this Section 5.1 and Section 5.2 will be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations incurred under this Agreement. The Executive acknowledges and agrees that any breach of any provision of this Agreement will constitute a material breach of this Agreement and will entitle the Company immediately to recover and cease the benefits provided to the Executive under this Agreement. The Executive specifically waives the provisions of California Civil Code Section 1542 and any similar provisions of the law of other jurisdictions. Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor.” The Executive agrees to execute and not revoke a renewal of this Section 5.1 and Section 5.2 on the first to occur of (a) the Separation Date, or (b) the date the Executive’s employment with the Company terminates. The Executive will not apply be entitled to any rights you may payments or benefits under this Agreement until this Section 5.1 and Section 5.2 have that cannot be waived as a matter of applicable laweach been renewed.

Release of Claims. a. In By signing this Agreement and in exchange for the consideration of the Severance described above, Employee fully and for other valuable considerationcompletely releases and discharges Frank’s and its directors, you hereby knowingly and voluntarily release and forever discharge the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directorsagents, employees, shareholders, representatives and agents (collectivelyattorneys, the “Released Parties”) from any and all claims, suits, controversies, actionsdemands, causes of action, cross-claimscomplaints, counter-claimscharges and liability, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law kind, known and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, which Employee has or claimed against any of the Released Parties that you may have, which arise out might have as a result of or are connected in any way relating to Employee’s employment with your Frank’s or the termination of such employment, or termination of employment, with the Company (other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in Frank’s agreements and obligations regarding the Company (collectively, “Claims”payment described above), including without limitation limitation, any Claim arising claims relating to pay, executive deferred compensation plans, restricted stock unit agreements, 401K plans (other than the 401K plan in Employee’s name being administered by The Newport Group), any other fringe benefits or fringe benefit plans, or other terms of employment; claims based on any tort, whistleblower, or wrongful discharge theory; claims based on breach of contract (express or implied), breach of covenant of good faith and fair dealing; of intentional infliction of emotional distress, violation of public policy, defamation, invasion of privacy, impairment of economic opportunity, or any other tort; any claims for punitive, exemplary of compensatory damages; back or front pay claims; attorney’s fees or costs; claims based on discrimination or harassment on the basis of race, color, religion, sex, national origin, age, handicap, disability, or other category protected under the following statues (each, as amended): Title VII of the Civil Rights Act Acts of 1866, 1871, 1964; the Civil Rights Act of , and 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; , or their state any other similar federal, state, or local counterparts; constitution, regulation, law (statutory or under any other federal, state or local civil or human rights lawcommon), or under any other locallegal theory. All such claims, state or federal lawif any, regulation or ordinance; or under any public policyare hereby compromised, contract or tortsettled, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or and extinguished in their entirety. Employee further agrees and waives any claim for wrongful discharge, breach to reinstatement or future employment with Frank’s. Employee acknowledges that this release of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will claims is not apply to any rights you may have that and cannot be waived considered as a an admission of liability on the part of Frank’s; on the contrary, it is understood that any and all liability is expressly denied. Employee covenants that Employee has not filed any claims, lawsuits or actions with any local, state, or federal court against Frank’s and covenants not to do so at any time based on any matter covered by this release of applicable lawclaims.

Release of Claims. a. In exchange for the payments and other consideration of the Severance and for other valuable considerationunder this Agreement to which you would not otherwise be entitled, you hereby knowingly and voluntarily release release, acquit and forever discharge the Company, its subsidiaries parents and affiliates, their respective successors, predecessors and assignssubsidiaries, and each of its and their respective officers, directors, agents, servants, employees, representatives attorneys, shareholders, successors, assigns and agents (collectivelyaffiliates, the “Released Parties”) of and from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities damages, indemnities and obligations of any nature whatsoever every kind and nature, in law and in law, equity, both past or otherwise, known and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the execution date hereof, including but not limited to: any and all such claims and demands directly or indirectly arising out of or in any way connected with your employment, or termination of employment, employment with the Company other than those or the termination of that arise out of employment; claims or are demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, stock, stock options, or any vested equity-equivalent other ownership interests in the Company (collectivelyCompany, “Claims”)vacation pay, including without limitation fringe benefits, expense reimbursements, sabbatical benefits, severance benefits, or any Claim arising under other form of compensation; claims pursuant to any federal, state, local law, statute or cause of action including, but not limited to, the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the federal Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act)1967, as amended; the Equal Pay Act of 1963; the federal Americans with Disabilities Act of 1990; the Family California Fair Employment and Medical Leave Act Housing Act, as amended; California Labor Code section 132a, as amended; tort law; contract law; wrongful discharge; discrimination; fraud; defamation; harassment; emotional distress; and breach of 1993; the Worker Adjustment Retraining implied covenant of good faith and Notification Act; the Employee Retirement Income Security Act fair dealing. You represent that you have no lawsuits, claims or actions pending in your name or on behalf of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federalperson or entity, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of against the Company or any of its subsidiaries other person or affiliates; entity subject to the release granted in this paragraph. You agree that in the event you bring a claim covered by this release in which you seek damages against the Company or in the event you seek to recover against the Company in any claim for wrongful dischargebrought by a governmental agency on your behalf, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived this Agreement shall serve as a matter of applicable lawcomplete defense to such claims.

Release of Claims. a. In consideration Except as specified in paragraphs 3, 4, 5, 6, and 8 above and as contemplated by paragraph 3 above, any accrued vested benefits available to you under the express terms and conditions of the Severance and for other valuable consideration, you hereby knowingly and voluntarily release and forever discharge any employee benefit plan maintained by the Company, and your right to continue medical coverage at your own expense pursuant to section 4980B of the Internal Revenue Code of 1986, as amended, you, on behalf of yourself and your family, agents, representatives, heirs, executors, trustees, administrators, successors and assigns (the “Releasors”), hereby irrevocably and unconditionally release, settle, cancel, acquit, discharge and acknowledge to be fully satisfied, and covenant not to xxx the Company and each of its subsidiaries and subsidiaries, affiliates, their respective successors, predecessors successors and assigns, and each of their respective officerspredecessors, stockholders, partners, members, directors, managers, officers, employees, representatives agents or other representatives, and agents employee benefit plans of the Company (including current and former trustees and administrators of these plans) (collectively, the “Released PartiesReleasees”) from any and all claims, suitscontractual or otherwise, controversiesdemands, actionscosts, rights, causes of action, cross-claims, counter-claims, demandscharges, debts, compensatory damagesliens, liquidated damagespromises, punitive or exemplary damagesobligations, other damagescomplaints, claims for costs losses, damages and attorneys’ feesall liability of whatever kind and nature, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedand hereby waive any and all rights that he, she or it may have from the beginning of time up to and including the time of signing this Agreement and ten (10) days thereafter if you do not revoke this Agreement as provided for in paragraph 18(i) of this Agreement, or claimed against any that otherwise may exist or may arise in respect of the Released Parties that you may have, which arise out of or are connected with work performed before your employment, your employment or termination of employment, separation from employment with the Company other than those that arise out of Company, or are is in any way connected with or related to your rights any applicable compensatory or status as an owner of vested equity benefit plan, program, policy or arrangement, including, but not limited to, any vested equity-equivalent in the Company (collectivelyclaims arising under any federal, “Claims”)state, or local laws, including without limitation any Claim arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; , as amended, the Civil Rights Act of 1991; , as amended, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); 1967, as amended, the Equal Pay Act of 1963; Act, the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; , as amended, the Employee Retirement Income Security Act of 1974; , as amended, the Workers Adjustment and Retraining Notification Act, the California Fair Employment and Housing Act, California Business and Professions Code, the California Constitution, the California Labor Standards Code (including, without limitation, Section 132a), the California Civil Code and the California Family Rights Act; , or their state any tort, contract, or local counterparts; or under alleged violation of any other legal obligation and any and all other federal, state or local civil laws, regulations, ordinances or human public policies and any common law or equity claims, or claims under any policy, agreement, understanding or promise, written or oral, formal or informal, between the Company and any of its affiliates and yourself, now or hereafter recognized, including claims for wrongful discharge, slander and defamation, as well as all claims for counsel fees and costs. In addition, in consideration of the promises and covenants of the Company, you, on behalf of yourself and the other Releasors, further agree to waive any and all rights under the laws of any jurisdiction in the United States, or any other country, that limit a general release to any of the foregoing actions, causes of action, claims or charges that are known or suspected to exist in your favor as of the date you execute this Agreement. IN THIS CONNECTION, YOU UNDERSTAND AND AGREE AS PART OF THE INDUCEMENT FOR THE CONSIDERATION GIVEN FOR THIS RELEASE THAT YOU ARE SPECIFICALLY WAIVING AND RELINQUISHING ALL RIGHTS AND BENEFITS AFFORDED BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE SIGNIFICANCE OF THIS RELEASE OF UNKNOWN CLAIMS HEREUNDER AND THIS WAIVER OF STATUTORY PROTECTION AGAINST THE RELEASE OF SUCH UNKNOWN CLAIMS. Anything to the contrary notwithstanding in this Agreement, nothing herein shall release any Releasee from any claims and/or damages based on (a) any right or claim that arises after the date you execute this Agreement pertaining to a matter that arises after such date, (b) any right you may have to pension benefits, health care or similar benefits pursuant to applicable law, (c) any right you may have to enforce this Agreement or under (d) any right you may have to be indemnified by the Company to the extent such indemnification is permitted by applicable law or the by-laws of the Company. By signing this Agreement and accepting the benefits provided, you agree that, except for any claims expressly excluded from this release, you will not hereafter pursue any individual claims (whether brought by you, an administrative agency, or any other local, state person on your behalf or federal law, regulation or ordinance; or under which includes you in any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of class) against the Company or any other Releasee by means of its subsidiaries a lawsuit, complaint, charge or affiliates; otherwise, in any state or federal court or before any state or federal agency, including, by way of example and not limitation, the Equal Employment Opportunity Commission, the Department of Labor or any claim state Human Rights Agencies, for wrongful dischargeor on account of anything, breach whether known or unknown, foreseen or unforeseen, which has occurred up to the effective date of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawthis Agreement.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and I voluntarily release and forever discharge the Company, its subsidiaries and affiliatesthe Bank, their respective successorspredecessors, predecessors successors and assigns, and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, members, employees, representatives attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when I sign this Release Agreement, I have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation any Claim arising limitation, all Claims: • relating to my employment by the Employers and the termination of my employment pursuant to the Retirement Agreement; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act , and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts General Laws chapter 151B); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute; • of defamation or other torts; • of violation of public policy; • for wages, state bonuses, incentive compensation, stock, stock options, vacation pay or local civil or human rights law, or under any other localcompensation or benefits, state including under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C or federal law, regulation or ordinanceotherwise; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim and • for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees damages or other expensesremedies of any sort, including attorneys’ fees incurred in these matters. The foregoing release will including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this Release Agreement shall not apply affect my rights to indemnification pursuant to the Company’s Amended and Restated By-Laws, dated March 3, 2016 or the Bank’s Amended and Restated By-Laws, dated March 12, 2018, nor shall it affect any rights you Claim that by express terms of law may have that cannot be waived as a matter of applicable lawwaived.

Release of Claims. a. (a) In consideration of for, and as a condition to receiving the Severance benefits described in Section 2 hereof to which you are not otherwise entitled, and in consideration for other valuable considerationyour continued employment with the Company through the Separation Date, you hereby knowingly generally and voluntarily completely release the Company and forever discharge the Companyits directors, its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directors, employees, representatives shareholders, partners, agents, attorneys, predecessors, successors, parent and agents subsidiary entities, insurers, affiliates, and assigns (collectively, the “Released PartiesParty”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs liabilities and attorneys’ fees, or liabilities of any nature whatsoever in law and in equityobligations, both past known and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to your rights or status as an owner of vested equity or any vested equity-equivalent in employment with the Company or the termination of that employment; (collectively2) all claims related to your compensation or benefits from the Company, “Claims”(other than accrued and unpaid compensation); (3) all claims for breach of contract, including wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, without limitation any Claim limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including, without limitation, claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state state, or federal law, regulation or ordinance; . To the maximum extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under any public policy, contract or tort, or under common law; or arising under unfair competition law of any policies, practices or procedures of jurisdiction with respect to your employment with the Company or the termination thereof. If, notwithstanding the above, you are awarded any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees money or other expensesrelief under such a claim, including attorneys’ fees incurred you hereby assign the money or other relief to the Company. Your waiver, release and promises specified in these matters. The foregoing release will this Section 6(a) do not apply to any rights or claims that may arise after the date you may have that cannot be waived as a matter of applicable lawsign this Agreement.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(c) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. The Executive agrees that she shall not seek or accept damages of any nature, other localequitable or legal remedies for her own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. She further represents that canshe has not be waived as a matter of applicable lawassigned to any third party and she has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In exchange for the severance benefits and other consideration under this Agreement to which you would not otherwise be entitled, you, on behalf of the Severance yourself, your descendants, ancestors, dependents, heirs, executors, administrators, personal representatives, assigns, and for other valuable considerationsuccessors, you past and present, and each of them, hereby knowingly and voluntarily release fully release, acquit and forever discharge the Company, Company and its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directors, employees, representatives stockholders, representatives, agents, attorneys, insurers, successors, assigns and agents affiliates, past and present, and each of them, in their individual and business capacities, (collectively, collectively the “Released Parties”) of and from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity or liabilities of any nature whatsoever in law otherwise, known and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands arising out of or in any way connected with your employment, or termination of employment, employment with the Company other than those or the termination of that arise out of employment; claims or are demands related to your rights or status as an owner of vested equity fringe benefits, stock, stock options or any vested equity-equivalent other ownership interest in the Company (collectivelyincluding claims for fraud, “Claims”misrepresentation, breach of fiduciary duty, or breach of any duty imposed by state corporate or federal securities laws), including without limitation severance pay,; and claims for damages, attorneys’ fees, costs or other relief pursuant to any Claim arising under the following statues (eachfederal, as amended): Title VII state or local law, statute, or cause of action including, but not limited to, alleged violations of the federal Civil Rights Act of 1964, as amended, the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Worker Adjustment and Retraining Notification Act; or their state or local counterpartsthose provisions of the California Labor Code which may lawfully be released; or the California Business & Professions Code; the California Fair Employment and Housing Act, as amended; tort law, contract law, common law, public policy and the law of wrongful discharge, discrimination, harassment, fraud, defamation, emotional distress, and breach of the implied covenant of good faith and fair dealing; any claim under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinanceordinance which may lawfully be released; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, expenses including attorneys’ fees incurred in any of these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawmatters (collectively, “Released Claims”).

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities (including without limitation BPFH and the Bank), their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, members, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the LLC and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; 1964 and Claims of any form of discrimination or retaliation that is prohibited by the Florida Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human regulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive cmpensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights law(i) under any Section 401(k) plan, (ii) under the Asset Purchase Agreement (“APA”) by and among the Bank, the Company and Banyan Partners, LLC dated as of [DATE], 2014, (iii) to indemnification, advancement and/or directors and officers insurance coverage, (iv) under any equity awards pursuant to the Employment Agreement, or (v) under the Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable lawassigned to any third party and he has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s agreement to provide the consideration set forth in Section 2 of the Separation Agreement (and any portion thereof), Executive hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Confirming Released Parties”) ), from liability for, and Executive hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind related to Executive’s employment with any Confirming Released Party, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any termination of the Released Parties that you may have, which arise out of or are connected with your such employment, or termination ownership of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectivelyand any other acts or omissions related to any matter on or prior to the date that Executive executes this Confirming Release, “Claims”)whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law; (H) the Securities Act of 1933; (I) the Securities Exchange Act of 1934; (J) the Investment Advisers Act of 1940; (K) the Investment Company Act of 1940; (L) the Private Securities Litigation Reform Act of 1995; (M) the Xxxxxxxx-Xxxxx Act of 2002; (N) the Wall Street Reform and Consumer Protection Act of 2010; (O) the New York State Human Rights Law, or the New York Labor Law, the New York Retaliatory Action By Employers Law, Section 125 of the New York Workers’ Compensation Law, Article 23-A of the New York Correction Law, the New York Civil Rights Law, the New York Wage-Hour Law, the New York Workers’ Compensation Law, the New York Wage Payment Law, the New York City Human Rights Law, the New York City Earned Sick Leave Law, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, the New Jersey Family Leave Act, the New Jersey Wage Payment Law, the New Jersey Wage and Hour Law, the New Jersey Equal Pay Act, and retaliation claims under the New Jersey Workers’ Compensation Law; (P) any applicable state employment and securities laws; (Q) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (R) any public policy, contract or contract, tort, or under common lawlaw claim or claim for defamation, emotional distress, fraud or misrepresentation of any kind; or (S) any claim, whether direct or derivative, arising under any policies, practices or procedures from being a shareholder of the Company or any of its subsidiaries or affiliatesother Released Party; or (ii) any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Further Released Claim (as defined below); (iii) any rights you and all rights, benefits, or claims Executive may have under any employment contract (including the Severance Agreement), incentive or compensation plan or agreement or under any other benefit plan, program or practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in the Separation Agreement (collectively, the “Further Released Claims”). This Confirming Release is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that any and all potential claims of applicable lawthis nature that Executive may have against any of the Confirming Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s agreement to provide the consideration set forth in Section 2 of the Separation Agreement (and any portion thereof), Executive hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Confirming Released Parties”) ), from liability for, and Executive hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind related to Executive’s employment with any Confirming Released Party, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any termination of the Released Parties that you may have, which arise out of or are connected with your such employment, or termination ownership of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectivelyand any other acts or omissions related to any matter on or prior to the time that Executive executes this Confirming Release, “Claims”)whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law; (H) the Securities Act of 1933; (I) the Securities Exchange Act of 1934; (J) the Investment Advisers Act of 1940; (K) the Investment Company Act of 1940; (L) the Private Securities Litigation Reform Act of 1995; (M) the Xxxxxxxx-Xxxxx Act of 2002; (N) the Wall Street Reform and Consumer Protection Act of 2010; (O) the Virginians with Disabilities Act, or under the Virginia Human Rights Act, the Virginia Equal Pay Act, the Virginia Genetic Testing Law, the Virginia Occupational Safety and Health Act, the Virginia Minimum Wage Act, the Virginia Payment of Wage Law, the Virginia Right to Work Law; (P) any applicable state employment and securities laws; (Q) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (R) any public policy, contract or contract, tort, or under common law; law claim or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargedefamation, breach emotional distress, fraud or misrepresentation of contract, infliction of emotional distress or defamationany kind; or (ii) any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Further Released Claim; (iii) any rights you and all rights, benefits, or claims Executive may have under any employment contract (including the Severance Agreement), incentive or compensation plan or agreement or under any other benefit plan, program or practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in the Separation Agreement (collectively, the “Further Released Claims”). This Confirming Release is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that any and all potential claims of applicable lawthis nature that Executive may have against any of the Confirming Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s agreement to provide the consideration described in Section 2 of the Separation Agreement (and any portion thereof), Employee hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its subsidiaries and affiliatesQ Power, Insperity, their respective successorsparents, predecessors subsidiaries and assignsother affiliates, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, managers, partners, directors, officers, employees, representatives agents, attorneys, heirs, predecessors, successors and agents representatives, in their personal and representative capacities as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Confirming Released Parties”) ), from liability for, and Employee hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law kind related to Employee’s employment or affiliation with any Confirming Released Party, the termination of such employment or affiliation, and in equityany other acts or omissions related to any matter occurring or existing, both past and present (through the Release Date) and whether known or unknown, suspectedon or prior to the date that Employee executes this Confirming Release, whether arising under federal or claimed against state laws or the laws of any of other jurisdiction, including (i) any alleged violation through such time of: (A) any federal, state or local anti-discrimination or anti-retaliation law, including the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with Age Discrimination in Employment Act (including as amended by the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”Older Workers Benefit Protection Act), including without limitation any Claim arising under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , and Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; United States Code, the Americans with Disabilities Act of 1990; (B) ERISA; (C) the Immigration Reform Control Act; (D) the Xxxxxxxx-Xxxxx Act of 2002 and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights law, regulation, or ordinance or orders under New York State law, the New York State Human Rights Law, the New York Labor Law, the New York Retaliatory Action By Employers Law, Section 125 of the New York Workers’ Compensation Law, Article 23-A of the New York Correction Law, the New York Civil Rights Law, the New York Wage-Hour Law, the New York Workers’ Compensation Law, the New York Wage Payment Law, the New York City Human Rights Law and the New York City Earned Sick Leave Law; (H) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (I) any public policy, contract or contract, tort, or under common law; or arising under any policieslaw claim, practices or procedures of the Company or any of its subsidiaries or affiliates; or including any claim for wrongful dischargedefamation, slander, libel, negligence, emotional distress, fraud or misrepresentation of any kind, promissory estoppel, breach of implied duty of good faith and fair dealing, breach of implied or express contract, infliction breach of emotional distress fiduciary duty or defamationwrongful discharge; or (ii) any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Confirming Released Claim; (iii) any rights you and all claims Employee may have that cannot be waived under any employment contract or any other agreement, incentive or compensation plan or under any other benefit plan, program or practice; (iv) any claim, whether direct or derivative, arising from, or relating to, Employee’s status as a matter member or holder of applicable lawany interest in any Company Party, including all claims arising from or relating to the Q Power Award Agreements or the Company Equity Agreements, and (v) any claim for compensation, damages or benefits of any kind not expressly set forth in this Confirming Release (collectively, the “Confirming Released Claims”). This Confirming Release is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration received by Employee through this Confirming Release, any and all potential claims of this nature that Employee may have against the Confirming Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS CONFIRMING RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE CONFIRMING RELEASED PARTIES.

Release of Claims. a. In consideration of For the Severance Consideration set forth in paragraph 2 and for other valuable considerationthe mutual covenants set forth in this Agreement, you Sandahl hereby knowingly and voluntarily release and forever discharge fully releases the Company, and all of its subsidiaries and owners, affiliates, their respective successorssubsidiaries or other related entities, predecessors current and assigns, and each of their respective former officers, directors, agents, representatives, attorneys, employees, representatives shareholders, predecessors, successors and agents (collectively, the “Released Parties”) assigns from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities damages, indemnities and obligations of any nature whatsoever every kind and nature, in law and in law, equity, both past and present (through the Release Date) and whether or otherwise, known or unknown, suspectedsuspected and unsuspected, disclosed and undisclosed, liquidated or claimed against any of the Released Parties that you may havecontingent, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the Execution Date, including but not limited to: any and all such claims and demands directly or indirectly arising out of or in any way connected with your employment, or termination of employment, Sandahl’s employment with the Company other than those or the conclusion of that arise out of employment; claims or are demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, incentive payments, stock, stock options, or any vested equity-equivalent ownership or equity interests in the Company (collectivelyCompany, “Claims”)vacation pay, including without limitation personal time off, benefits, expense reimbursements, severance benefits or any Claim arising under other form of compensation; claims pursuant to any federal, any state or any local law, statute, or common law cause of action including, but not limited to, wrongful discharge claims; whistleblower claims; breach of express or implied contract claims; retaliation claims; the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the federal Americans with Disabilities Act of 1990; the Family and Medical Leave Act; the Age Discrimination in Employment Act of 1993(“ADEA”); the Worker Adjustment and Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; (WARN) or their state any acts prohibiting discrimination based on race, color, creed, marital status, veteran status, gender, sexual preference, national origin, citizenship, disability, religion or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinanceprotected characteristic; or under any public policy, contract or tort, or under common tort law; or arising under any policies, practices or procedures contract law; wrongful discharge; fiduciary duty; discrimination; harassment; fraud; defamation; libel; emotional distress; and breach of the Company implied covenant of good faith and fair dealing. This release shall not apply to claims for workers’ compensation benefits or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these mattersunemployment compensation benefits. The foregoing This release will shall not apply to any rights you may have that cannot be waived as a matter of applicable lawclaims for indemnity or for coverage under the Company’s Director & Officer Liability insurance.

Release of Claims. a. In consideration exchange for the payment to Employee of the Severance consideration detailed in this Agreement, Employee, for and for other valuable considerationon behalf of Employee and Employee’s heirs, you hereby knowingly and voluntarily release and forever discharge the Companyadministrators, its subsidiaries and affiliatesexecutors, their respective successors, predecessors and assigns, does hereby fully, forever, irrevocably and each of their respective unconditionally release and discharge NSM, including its past and present officers, directors, partners, members, parents, subsidiaries, divisions, affiliates, agents, employees, representatives shareholders, representatives, attorneys, predecessors, successors, assigns, and agents all persons acting by, through, under, or in concert with them (collectivelyhereinafter collectively referred to as "Releasees"), for anything that has occurred up to the “Released Parties”) from date of execution of this Agreement, including but not limited to, any and all claims, suits, controversies, actions, causes claims resulting from Employee’s employment with NSM and any and all claims relating to the administration or terms of action, cross-claims, counter-any employment or benefit plan or contract. This includes all claims, demands, debtsrights, compensatory damagesliabilities, liquidated damagesand causes of action of every nature and description whatsoever, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedwhether in tort, contract, statute, rule, ordinance, order, regulation, or claimed against otherwise, including, without limitation, any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (each, as amended): or based upon Title VII of the Civil Rights Act of 1964Act, as amended; the Civil Rights Act of 1991, as amended; Section 1981 of U.S.C. Title 42; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990Act, as amended; the Family and Medical Leave Act of 1993Act, as amended; the Worker Adjustment Retraining and Notification Fair Credit Reporting Act; the Fair Labor Standards Act, as amended; the Equal Pay Act, as amended; the Employee Retirement Income Security Act, as amended (with respect to unvested benefits); the Consolidated Omnibus Budget Reconciliation Act; the Sarbanes Oxley Act of 19742002, as amended; the Fair Worker Adjustment and Retraining Notification Act, as amended; the Uniform Service Employment and Reemployment Rights Act, as amended; the Texas Labor Standards Code (specifically including the Texas Payday Act, the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code and the Texas Whistleblower Act) and amendments to those laws; all State and Local statutes that may be legally waived that employees could bring employment claims under, including any State or their Local anti-discrimination statute, wage and hour statute, leave statute, equal pay statute and whistleblower statute; any federal or state or local counterpartsconstitutions; or under any other and all claims pursuant to federal, state or local civil or human rights law, or under any other local, state or federal law, regulation statute or ordinance; or under any public policyand all claims pursuant to contract, contract quasi contract, common law or tort; and claims that are known or unknown, suspected or unsuspected, concealed or hidden, or under common law; whether developed or arising under any policiesundeveloped, practices or procedures up through the date of the Company or any Employee’s execution of its subsidiaries or affiliates; or this Agreement. Employee does not release any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that which cannot be released by private agreement, such as unemployment compensation claims, workers’ compensation claims, claims of entitlement to vested benefits under any 401(k) plan or other ERISA-covered benefit plan provided by NSM, and claims after the Effective Date of this Agreement. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Occupational Health and Safety Administration, Securities and Exchange Commission, the Department of Justice or a comparable state or local enforcement agency. Notwithstanding the preceding sentence, Employee agrees to waive any right to recover monetary damages in connection with any charges filed by Employee or by anyone else on Employee’s behalf. To the fullest extent permitted by law, Employee further waives Employee’s right to participate in any collective or class action under the Fair Labor Standards Act or similar or state or local law, and Employee agrees to opt-out of any such collective or class action against NSM, to which Employee may be or become a party or class member. The preceding waivers do not include and employee has not waived as Employee’s right to file an application for or to accept a matter whistleblower award from the SEC pursuant to Section 21F of applicable lawthe Exchange Act.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s agreement to provide the consideration set forth in Section 2 of the Separation Agreement (and any portion thereof), Executive hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Confirming Released Parties”) ), from liability for, and Executive hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind related to Executive’s employment with any Confirming Released Party, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any termination of the Released Parties that you may have, which arise out of or are connected with your such employment, or termination ownership of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectivelyand any other acts or omissions related to any matter on or prior to the date that Executive executes this Confirming Release, “Claims”)whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law; (H) the Securities Act of 1933; (I) the Securities Exchange Act of 1934; (J) the Investment Advisers Act of 1940; (K) the Investment Company Act of 1940; (L) the Private Securities Litigation Reform Act of 1995; (M) the Xxxxxxxx-Xxxxx Act of 2002; (N) the Wall Street Reform and Consumer Protection Act of 2010; (O) the Virginians with Disabilities Act, or under the Virginia Human Rights Act, the Virginia Equal Pay Act, the Virginia Genetic Testing Law, the Virginia Occupational Safety and Health Act, the Virginia Minimum Wage Act, the Virginia Payment of Wage Law, the Virginia Right to Work Law; (P) any applicable state employment and securities laws; (Q) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (R) any public policy, contract or contract, tort, or under common lawlaw claim or claim for defamation, emotional distress, fraud or misrepresentation of any kind; or (S) any claim, whether direct or derivative, arising under any policies, practices or procedures from being a shareholder of the Company or any of its subsidiaries or affiliatesother Released Party; or (ii) any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Further Released Claim (as defined below); (iii) any rights you and all rights, benefits, or claims Executive may have under any employment contract (including the Severance Agreement), incentive or compensation plan or agreement or under any other benefit plan, program or practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in the Separation Agreement (collectively, the “Further Released Claims”). This Confirming Release is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that any and all potential claims of applicable lawthis nature that Executive may have against any of the Confirming Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(c) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under Sections 2, 4(c) or 5(a) of the Employment Agreement. ACTIVE/86576310.2 The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable lawassigned to any third party and he has not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In consideration Effective as of the Severance date of your signature below, as a condition to receiving the Option Amendment, you, on behalf of yourself, and for other valuable considerationof your heirs, you hereby knowingly and voluntarily release and forever discharge the Companyexecutors, its subsidiaries and affiliatesadministrators, their respective successors, predecessors and assigns, hereby fully and each of their respective forever release and discharge the Company and its current, former and future parents, subsidiaries, affiliated companies, related entities, employee benefit plans, and its fiduciaries, predecessors, successors, officers, directors, employeesshareholders, representatives agents, employees and agents assigns (collectively, the “Released PartiesReleasees”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equitynature, both past and present (through the Release Date) and whether known or unknownunknown or fixed or contingent, suspected, or claimed against any up through the date of the Released Parties that you may haveyour execution of this Agreement, which arise you now have or may hereafter have against the Releasees, arising out of or that are connected with your employmentemployment with, or separation or termination of employmentfrom, with the Company other than those that arise out of and/or its affiliates or are related to your rights subsidiaries (including, but not limited to, any allegation, claim or status as an owner of vested equity or any vested equity-equivalent in the Company (collectivelyviolation, “Claims”), including without limitation any Claim arising under the following statues (each, as amended): under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any employment policies, practices or procedures of the Company or any of its affiliates, subsidiaries or affiliatessuccessors; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or distress, defamation; or any claim for costs, fees fees, or other expenses, including attorneys’ fees incurred in these matters); or any claim to receive a bonus pursuant to the Company’s 2022 annual bonus program (all of the foregoing collectively referred to herein as the “Claims”)). The foregoing This release will and waiver applies to, and is intended to be a bar to, all causes of action that exist as of the date of this Agreement, whether known or unknown by you. You specifically acknowledge that you are aware of and familiar with the provisions of California Civil Code Section 1542 (or any other laws of similar effect, domestic or foreign) which provide as follows: “A general release does not apply extend to any rights claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known to him or her, would have materially affected his or her settlement with the debtor or released party.” You acknowledge that you may later discover causes of action or facts in addition to or different from those which you now know or believe to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, you hereby waive any causes of action that cannot be waived might arise as a matter result of applicable law.such different or additional causes of action or facts. You, in consideration of the Option Amendment, agree and acknowledge that this Agreement constitutes a knowing and voluntary waiver and release of all Claims you have or may have against the Company and/or any of the Releasees as set forth herein, including, but not limited to, all Claims arising under the Older Worker’s Benefit Protection Act and the Age Discrimination in Employment Act. In accordance with the Older Worker’s Benefit Protection Act, you are hereby advised as follows:

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and You voluntarily release and forever discharge the Company, its subsidiaries the Bank and affiliatesall other Boston Private Entities, their respective successorspredecessors, predecessors successors and assigns, and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, members, employees, representatives attorneys, accountants and agents of each of the foregoing in Xxxx X. Xxxxxxxx November 4, 2015 their official and personal capacities (collectively, collectively referred to as the “Released Parties”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknownunknown (“Claims”) that, suspectedas of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Released Parties that you may haveParties. This release includes, which arise out without limitation, the release of all Claims: • relating to your employment by the Company and the Bank or are connected with your employment, or the termination of employmentyour employment in accordance with this Agreement; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal or state law (including, with the Company other than those that arise out without limitation, Claims of age discrimination or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act1964 and any Claims based on M.G.L. c. 151B); • under any other federal or state statute; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, that this release shall not affect (1) any rights to benefits to which you may entitled under any of the Equal Pay Act Company’s or the Bank’s “employee benefit plans,” as defined in Section 3(3) of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974Act, 29 U.S.C. § 1002(3), including without limitation the Company’s Section 401(k) plan; the Fair Labor Standards Act(2) your rights set forth in or specifically preserved under this Agreement; or their state (3) any rights that you would otherwise have to indemnification, defense or local counterparts; liability insurance coverage as a current or former employee and officer, including without limitation any indemnification, defense or liability insurance rights under any other federalCompany organizing document, state or local civil or human rights lawliability insurance policy, agreement, or under applicable law. You agree that you shall not seek or accept damages of any nature, other localequitable or legal remedies for your own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Released Parties with respect to any rights Claim released by this Agreement. As a material inducement to BPFH to enter into this Agreement, you may represent that you have that cannot be waived as a matter of applicable law.assigned to any third party and you have not filed with any agency or court any Claim released by this Agreement. Xxxx X. Xxxxxxxx November 4, 2015

Release of Claims. a. In consideration of for, among other terms, the Severance Amount and for other valuable considerationpayments and benefits described in Section 1, to which you acknowledge you would otherwise not be entitled, you hereby knowingly and voluntarily release and forever discharge each of the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, Easterly Entities and each of their respective direct and indirect subsidiaries, equityholders, affiliates, predecessors, successors, assigns, their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, managers, partners, employees, attorneys, accountants, insurers, representatives and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claimsin law or equity, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknownunknown whether arising under express or implied contract, suspectedpublic policy, or claimed against any of tort, the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity common law or any vested equity-equivalent in the Company federal, state or local statute, ordinance, regulation, constitutional provision or otherwise (collectively, “Claims”)) that, including as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation any Claim arising limitation, all Claims: • relating to your employment by and termination of employment with the Company; • of wrongful discharge or violation of public policy; • of breach of contract, including, without limitation, under the following statues (eachEmployment Agreement; • of defamation or other torts; • of retaliation or discrimination under federal, as amended): state or local law, including, without limitation, Claims of discrimination or retaliation under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute; • for wages, state bonuses, incentive compensation, commissions, severance, equity, incentive equity, participation in any equity program, vacation pay or local civil any other compensation or human rights lawbenefits, either under the Employment Agreement or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, this release shall not operate as, or under any other localbe construed as, state a release or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures waiver of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have and/or claims: (a) that cannot be released or waived as a matter of applicable law, (b) with respect to unemployment or workers’ compensation benefits, or (c) under this Agreement (including such rights and claims as an equityholder pursuant to the Equity Documents, as addressed hereby). Subject to Section 7 below, you agree not to accept damages of any nature, other equitable or legal remedies for your benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, you represent you have not assigned any Claim to any third party. You acknowledge and understand this release is a general release, and this means you are giving up your right to sue the Releasees for any and all claims, including but not limited to the specific claims referenced in this Section 2. You acknowledge, agree and represent, except as expressly provided in this Agreement, the Company and its direct and indirect parent entities and subsidiaries each has paid or provided all salary, wages, bonuses, accrued vacation/paid time off, premiums, leaves, housing allowances, relocation costs, interest, severance, outplacement costs, fees, reimbursable expenses, commissions, equity, incentive equity, participation in any equity program, vesting, and any and all other benefits and compensation due to you. For the purpose of implementing a full and complete release, you expressly acknowledge the release given herein is intended to include, without limitation, claims you did not know or suspect to exist at the time this Agreement is executed, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected your decision to execute this Agreement (including this Section 2), and the consideration given under this Agreement is also for the release of those claims and contemplates the extinguishment of any such unknown claims. You hereby acknowledge and agree each of the Releasees is an intended third party beneficiary of this Section 2 and each Releasee (acting individually or in concert with any other Releasee) shall have the right to enforce the provisions of this Section 2. You acknowledge neither the offer of this Agreement by the Easterly Entities, nor any of the severance benefits described in Section 1, constitutes an admission of liability or wrongdoing by any of the Easterly Entities or any of the other Releasees.

Release of Claims. a. (a) In consideration of the Severance mutual agreements and for other valuable considerationcovenants herein contained, you hereby by signing this Agreement, Xxxx knowingly and voluntarily release releases and forever discharge discharges the CompanyCompany and its parent corporation, its subsidiaries and affiliates, their respective successorssubsidiaries, predecessors divisions, predecessors, insurers, successors and assigns, and each of their respective current and former employees, attorneys, officers, directors, employees, representatives directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Released Parties”) ), of and from any and all claims, suitsknown and unknown, controversiesasserted or unasserted, actionswhich Xxxx has or may have against the Company as of the date of execution of this Agreement, causes including, but not limited to, any alleged violation of action, cross-(i) any claims, counter-whether statutory, common law, or otherwise, arising out of the terms or conditions of his employment at the Company; (ii) any claims, demandswhether statutory, debtscommon law, compensatory damagesor otherwise, liquidated damages, punitive or exemplary damages, other damages, arising out of the facts and circumstances of his employment and the termination of his employment at the Company; (iii) any claims for costs breach of contract, quantum meruit, unjust enrichment, breach of oral promise, tortuous interference with business relations, injurious falsehood, defamation, negligent or intentional infliction of emotional distress, invasion of privacy, and any other common law contract and tort claims; (iv) any claims for unpaid or lost benefits or salary, bonus, vacation pay, severance pay, or other compensation; (v) any claims for attorneys’ fees, or liabilities of any nature whatsoever in law and in equitycosts, both past and present (through the Release Date) and whether known or unknown, suspecteddisbursements, or claimed against other expenses; (vi) any claims for damages or personal injury; (vii) any claims of the Released Parties that you may haveemployment discrimination, which arise out of harassment or are connected with your employmentretaliation, whether based on federal, state, or termination of employment, with the Company other than those that arise out of local law or are related to your rights judicial or status as an owner of vested equity or administrative decision; and (viii) any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (eachFair Labor Standards Act, as amended): 29 U.S.C.§ 201, et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (as amended); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Civil Rights Act of 1991, Pub. Law No. 102-166; the National Labor Relations Act, 29 U.S.C. § 151, et seq.; the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq.; the Age Discrimination in Employment Act of 1967 (including Act; the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment and Retraining and Notification Act; the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq.; the Employee Retirement Income Security Act of 1974; , 29 U.S.C. §1001, et seq., the Fair Labor Standards Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C. §1514A, et seq., the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act; or their state or local counterparts; or under , and/or any other federal, state or local civil statute, law, ordinance, regulation or human rights order, or the common law, or under any other localself-regulatory organization rule or regulation. The enumeration of specific rights, claims, and causes of action being released should not be construed to limit the general scope of this Release. It is the intent of Xxxx and the Company that by this Release, Xxxx is giving up all rights, claims, and causes of actions against the Released Parties which accrued prior to the effective date hereof, whether or not he is aware of them and whether or not any damage or injury has yet occurred. This release does not include either Party’s right to enforce the terms of this Agreement. In connection with this release provision, Xxxx does not waive his right to file a charge or participate in any proceeding of any federal, state or federal local governmental agency, including the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Securities and Exchange Commission. To the extent permitted by law, regulation Xxxx agrees that if such a claim is made, Xxxx shall not be entitled to recover any individual monetary relief or ordinanceother individual remedies should any administrative agency pursue any claim on his behalf. Nothing in this Agreement extinguishes any claims Xxxx may have: (i) against the Company for breach of this Agreement; (ii) against any of the Released Parties for any claims arising from events that occur following the Effective Date (as defined in the Release Agreement); or (iii) related to the Company’s obligation, if any, to indemnify Xxxx as an officer of the Company, including under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of directors’ and officers’ liability policy maintained by the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawCompany.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and Xx. Xxxxxxxx voluntarily release releases and forever discharge the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, discharges Mascoma and each of their respective its predecessors, successors, assigns, parents, subsidiaries, other affiliates and current and former directors, officers, directors, employees, representatives representatives, attorneys, agents, and agents all persons acting by, through, under or in concert with any of the foregoing (collectively, the any and all of whom or which are hereinafter referred to as “Released Mascoma Parties”) ), from any and all charges, complaints, claims, suitsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-claimssuits, counter-claimsrights, demands, debtscosts, compensatory damageslosses, liquidated damagesdebts and expenses (including attorney’s fees and costs actually incurred), punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equitywhatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that Xx. Xxxxxxxx now has, including owns or holds, or claims to have, own, or hold, or that he at any time had, owned, or held, or claimed to have had, owned, or held against any Mascoma Party or Parties from the beginning of time until the date he signs this Release. This general release of Claims includes, without limitation any Claim arising implication of limitation, the release of all Claims: • relating to Xx. Xxxxxxxx’x employment by and termination from employment with Mascoma; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation under Mass. Gen. Laws ch. 151B); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute; • of defamation or other torts; • of violation of public policy; • for salary, state bonuses, vacation pay or local civil or human rights law, or under any other local, state compensation or federal law, regulation or ordinancebenefits; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim and • for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees damages or other expensesremedies of any sort, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawincluding, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and Xx. Xxxxxxxx voluntarily release releases and forever discharge the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, discharges Mascoma and each of their respective its predecessors, successors, assigns, parents, subsidiaries, other affiliates and current and former directors, officers, directors, employees, representatives representatives, attorneys, agents, and agents all persons acting by, through, under or in concert with any of the foregoing (collectively, the any and all of whom or which are hereinafter referred to as “Released Mascoma Parties”) ), from any and all charges, complaints, claims, suitsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-claimssuits, counter-claimsrights, demands, debtscosts, compensatory damageslosses, liquidated damagesdebts and expenses (including attorney’s fees and costs actually incurred), punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equitywhatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that Xx. Xxxxxxxx now has, including owns or holds, or claims to have, own, or hold, or that he at any time had, owned, or held, or claimed to have had, owned, or held against any Mascoma Party or Parties, from the beginning of time until the date he signs this Release. This general release of Claims includes, without limitation any Claim arising implication of limitation, the release of all Claims: • relating to Xx. Xxxxxxxx’x employment by and termination from employment with Mascoma and/or his services as a Consultant and the termination of the Engagement, as defined in the Agreement; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation under Mass. Gen. Laws ch. 151B); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute; • of defamation or other torts; • of violation of public policy; • for salary, state bonuses, vacation pay or local civil or human rights law, or under any other local, state compensation or federal law, regulation or ordinancebenefits; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim and • for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees damages or other expensesremedies of any sort, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawincluding, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Employee voluntarily release releases and forever discharge discharges the CompanyCompany and its predecessors, its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officerscurrent and former members, equity holders. partners, directors, officers, employees, representatives representatives, attorneys, agents, subsidiaries and agents all persons acting by, through, under or in concert with any of the foregoing (collectively, any and all of whom or which are hereinafter referred to as the “Released PartiesReleasees”) ), from any and all charges, complaints, claims, suitsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-claimssuits, counter-claimsrights, demands, debtscosts, compensatory damageslosses, liquidated damagesdebts and expenses (including attorney’s fees and costs actually incurred), punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equitywhatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that the Employee now has, including owns or holds, or claims to have, own, or hold, or that he at any time had, owned, or held, or claimed to have had, owned, or held against any Releasee. This general release of Claims includes, without limitation any Claim arising implication of limitation, the release of all Claims: · relating to the Employee’s employment by and retirement from employment with the Company; · of wrongful discharge; · of breach of contract; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or · under any other federalfederal or state statute, state to the fullest extent that Claims may be released; · of defamation or local civil or human rights law, or under any other local, state or federal law, regulation or ordinancetorts; or under any · of violation of public policy; and · for damages or other remedies of any sort, contract including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. · In granting the release herein, Employee understands that this Agreement includes a release of all claims known or tortunknown. In giving this release, which includes claims which may be unknown to Employee at present, Employee acknowledges that she has read and understands Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Employee hereby expressly waives and relinquishes all rights and benefits under common law; that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or arising under any policies, practices or procedures of unsuspected claims Employee may have against the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawReleasee.

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the CompanyCompany and each of its predecessors, its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officerscurrent and former members, partners, directors, officers, employees, representatives representatives, attorneys, agents, and agents all persons acting by, through, under or in concert with any of the foregoing (collectively, any and all of whom or which are hereinafter referred to as the “Released PartiesReleasees”) ), from any and all charges, complaints, claims, suitsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-claimssuits, counter-claimsrights, demands, debtscosts, compensatory damageslosses, liquidated damagesdebts and expenses (including attorney’s fees and costs actually incurred), punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equitywhatsoever, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that the Executive now has, including owns or holds, or claims to have, own, or hold, or that he at any time had, owned, or held, or claimed to have had, owned, or held against any Releasee. This general release of Claims includes, without limitation any Claim arising implication of limitation, the release of all Claims: • relating to the Executive’s employment by and termination from employment with the Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation under state law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federalfederal or state statute, state to the fullest extent that Claims may be released; • of defamation or local civil other torts; • of violation of public policy; • for salary, bonuses, vacation pay or human rights law, or under any other local, state compensation or federal law, regulation or ordinancebenefits; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim and • for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees damages or other expensesremedies of any sort, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawincluding, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees.

Release of Claims. a. In consideration of the Severance For good and for other valuable consideration, you including the Company’s agreement to provide the consideration set forth in Sections 2 and 3(b) (and any portions thereof), Employee hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, each of its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Released Company Parties”) ), from liability for, and Employee hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind related to Employee’s employment with any Company Party, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any termination of the Released Parties that you may have, which arise out of or are connected with your such employment, and any other acts or termination of employment, with the Company other than those that arise out of or are omissions related to your rights any matter on or status as an owner prior to the time that Employee executes this Agreement, whether arising under federal or state laws or the laws of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti- retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law, or under ; (H) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (I) any public policy, contract or contract, tort, or under common law; law claim or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargedefamation, breach emotional distress, fraud or misrepresentation of contract, infliction of emotional distress or defamationany kind; or (ii) any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Released Claim; (iii) any rights you and all rights, benefits, or claims Employee may have under any employment contract, incentive or compensation plan or agreement or under any other benefit plan, program or practice, including the LTIP; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for any consideration received by Employee pursuant to Section 2 or 3(b), any and all potential claims of applicable law.this nature that Employee may have against any of the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER

Release of Claims. a. In consideration of the Severance and for other valuable consideration, you hereby knowingly and The Executive voluntarily release releases and forever discharge discharges the Company, its subsidiaries affiliated and affiliatesrelated entities, their respective successorspredecessors, predecessors successors and assigns, their employee benefit plans and each fiduciaries of their respective such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents (collectively, the “Released Parties”) from of any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company unknown (collectively, “Claims”)) that, including as of the date when the Executive signs this Agreement, the Executive has, ever had, claims to have or ever claimed to have had against any or all of the Releasees. This includes, without limitation any Claim arising limitation, the release of all Claims: • relating to the Executive’s employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act 1964 and Claims of 1991; the Age Discrimination in Employment Act any form of 1967 (including the Older Workers Benefit Protection Actdiscrimination or retaliation that is prohibited by Massachusetts law); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or • under any other federal, state or local civil city statute or human rights lawregulation; • of defamation or other torts; • of violation of public policy; • for wages, bonuses, incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Executive’s rights, if any, (i) under any Section 401(k) plan, (ii) to indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to Section 2(b) of the Employment Agreement or otherwise granted by the Company in writing pursuant to the approval of the Company’s Board of Directors, or (iv) under this Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other localequitable or legal remedies for his own benefit, state or federal law, regulation or ordinance; or under any public policy, contract or tortattorney’s fees, or under common law; or arising under costs from any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply Releasees with respect to any rights you may have Claim released by this Agreement. He further represents that canhe has not be waived as a matter of applicable law.assigned to any third party and he has not filed with any agency or court any Claim released by this Agreement. ACTIVE/100310529.4

Release of Claims. a. In consideration of this Agreement, including without limitation, the Severance Amount, Executive, on behalf of Executive and for other valuable considerationExecutive’s representatives, you heirs, successors, and assigns, does hereby knowingly unconditionally and voluntarily completely release and forever discharge the Company, its subsidiaries and affiliatesparent, their respective successorssubsidiaries, predecessors and assignsaffiliated companies, partnerships, limited liability companies, divisions and joint ventures, and each of their respective current and former shareholders, officers, directors, partners, managers, members, agents, consultants, employees, representatives insurers, attorneys, successors, and agents assigns (collectively, the “"Released Parties”") from and covenants not to xxx upon, any and all claims, suitsrights, controversiesdemands, actions, obligations, liabilities, and causes of actionaction of every kind and character, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedmature or un-matured, which Executive may now have, or claimed has ever had against any of the Released Parties that you may have, which arise out of from any act or are connected with your employmentomission, or termination condition occurring on or prior to the date of employmentExecutive’s execution of this Agreement, whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation, including but not limited to all claims arising from Executive's employment with the Company other than those that arise out or the termination of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company Executive’s employment (collectively, “the "Released Claims”"). By way of example and not of limitation of the foregoing, including without limitation the Released Claims shall include any Claim arising claims that may arise under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967 (including “ADEA”), the Executive Retirement Income Security Act of 1974 (“ERISA”), the Older Workers Benefit Protection ActAct (“OWBPA”); , the Equal Pay Family Medical Leave Act of 1963; (“FMLA”), the California Family Rights Act (“CFRA”), the Labor Relations Management Act (“LMRA”), the Worker Adjustment and Retraining Notification Act (“WARN”) and the Americans with Disabilities Act of 1990; the Family 1990 (“ADA”), and Medical Leave Act all similar state and local laws, as well as any claims asserting wrongful termination in violation of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, negligent or intentional infliction of emotional distress distress, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, negligence, defamation, employment benefits; claims for equity, stock, profit-sharing, bonuses, or any claim for costsincentive compensation; overtime, fees or other expensesmeal breaks, rest breaks, commissions, vacation, paid time off, paid sick leave, misclassification, and/or wage and hour matters, including matters arising the California Labor Code and Industrial Welfare Commission Wage Orders, and any claims for attorneys’ fees incurred in these matters' fees. The foregoing release will parties intend for the releases set forth in this Agreement to be enforced to the fullest extent permitted by law. Executive understands that Executive is not apply to waiving any rights you may have right or claim that cannot be waived as a matter of applicable law, such as workers' compensation or unemployment insurance benefits. Executive has not initiated, and shall not initiate, against any of the Released Parties any claim, action, or proceeding pertaining in any manner to the Released Claims. Executive understands that this paragraph does not prevent Executive from filing a charge with, communicating with, or participating in an investigation by a governmental administrative agency; provided, however, that Executive hereby waives any right to receive any monetary award resulting from such a charge or investigation.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s provision of consideration set forth in Sections 2 and 3, which Consultant was not entitled to but for his entry into this Agreement, Consultant hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, each of its parent companies, subsidiaries and affiliates, their respective successors, predecessors and assigns, other Affiliates and each of the foregoing entities’ respective past, present and future parent companies, subsidiaries, Affiliates, boards of directors (or comparable bodies) and all members thereof, as well as any of their respective officerspast, present, and future insurers, shareholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities (collectively, the “Released Company Parties”) ), as well as all employee benefit plans maintained by a Company Party and all fiduciaries and administrators of any such plans, in their personal and representative capacities, from liability for, and Consultant hereby waives, any and all claims, suitsdamages, controversiescosts, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind, both past and present (through the Release Date) and whether known or unknown, suspectedrelated to Consultant’s prior employment with any Company Party, or claimed against any the termination of such employment as of the Released Parties that you may haveSeparation Date, which arise out of and any other acts or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are omissions related to your rights any matter on or status as an owner of vested equity or any vested equity-equivalent in prior to the Company (collectively, “Claims”)time that Consultant executes this Agreement, including without limitation limitation, (i) any Claim arising under alleged violation through such date of: (A) any federal, state or local anti-discrimination or anti-retaliation law, including the following statues (eachAge Discrimination in Employment Act of 1967, as amended): amended (including as amended by the Older Workers Benefit Protection Act), Title VII of the Civil Rights Act of 1964; , as amended, the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; United States Code, as amended, and the Americans with Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993; (G) the Worker Workers Adjustment and Retraining and Notification Act, as amended; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (H) any other federal, state or local civil wage and hour law; or human rights law, or under (I) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (ii) any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Released Claim; (iii) any rights you and all claims Consultant may have that canunder any employment agreement or any other contract with any Company Party; and (iv) any claim for compensation or benefits of any kind not be waived as a matter of applicable lawexpressly set forth in this Agreement (collectively, the “Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES.

Release of Claims. a. In consideration of the Severance Company entering into this Agreement and for other valuable considerationthe promises and benefits provided herein, you the Employee hereby knowingly fully, forever, irrevocably and voluntarily release unconditionally releases, remises and forever discharge discharges the Company, Company and its subsidiaries current and affiliates, their respective successors, predecessors and assigns, and each of their respective former officers, directors, employeesstockholders, representatives corporate affiliates, subsidiaries, predecessors, successors, agents, employees and agents attorneys (collectively, the “Released Parties”) from any and all claims, suits, controversies, actions, actions and causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether now known or unknown, suspectedthat Employee has or at any other time had, or claimed shall or may have against any of the those Released Parties that you may have, which arise based upon or arising out of any matter, cause, fact, thing, act or are connected with your employmentomission whatsoever occurring or existing at any time up to and including the Effective Date of this Agreement, including, but not limited to, any common law or statutory claims relating to Employee’s employment or termination from employment such as claims of wrongful termination in violation of public policy or under any other theory, breach of contract, fraud, negligent misrepresentation, defamation, infliction of emotional distress, or termination any other tort claim; claims of employmentdiscrimination or harassment based upon national origin, with the Company other than those that arise out of race, age, sex, disability, sexual orientation or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising retaliation under the following statues (each, as amended): Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; , the Americans with With Disabilities Act of 1990Act, or any other applicable Federal, State, or local law prohibiting discrimination; claims under the federal Family and Medical Leave Act of 1993; Act, the Worker Adjustment and Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state or federal lawrule, regulation or ordinanceordinance that is applicable to Employee’s employment with the Company; or claims for vacation, sick or personal leave pay, short term or long term disability benefits, or payment pursuant to any practice, policy, handbook or manual of the Company. Employee acknowledges that she has no lawsuits, claims or actions pending in Employee’s name or behalf against the Released Parties, and also expressly waives any and all remedies that may be available under any public policy, contract statute or tort, or under the common law; or arising under any policies, practices or procedures including, without limitation, back pay, front pay, other damages, attorney’s fees, court costs and reinstatement. Employee’s release of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will claims does not apply to those actions or proceedings that are not waivable by law, any rights you may have that cannot be waived as claims which arise after the Effective Date of this Agreement, or to a matter of charge filed with an administrative agency empowered to investigate those claims; however, subject to applicable law, Employee specifically waives any right to recover money damages or relief of any kind which may result from the filing of a charge with any administrative agency.

Release of Claims. a. In consideration (a) As a material inducement to the Company to enter into this Agreement, Consultant, on his own behalf and on behalf of the Severance his heirs, assigns, and for other valuable considerationagents, you except as otherwise provided herein, hereby knowingly irrevocably and voluntarily release unconditionally releases, acquits, and forever discharge discharges the Company, its subsidiaries and controlled affiliates, all current and former parent companies, subsidiaries, divisions, affiliates, related companies, partnerships or joint ventures, and, with respect to each of them, their respective predecessors and successors, predecessors and, with respect to each such entity, all of its past and present employees, respective insurers, representatives, officers, directors, shareholders, partners, joint ventures, independent contractors, agents, attorneys, and their heirs, executors, administrators, successors and assigns, and each any other person acting by, through, under or in concert with any of the persons or entities listed in this Section, and their respective officers, directors, employees, representatives and agents successors (collectively, collectively referred to herein as the “Released Parties”) from any and all charges, complaints, claims, suitsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-claimssuits, counter-claimsrights, demands, debtscosts, compensatory damageslosses, liquidated damages, punitive or exemplary damages, other damages, claims for debts and expenses (including attorneys fees and costs and attorneys’ fees, or liabilities actually incurred) of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected or unsuspected, including, but not limited to, federal, state or claimed against local laws governing payment of wages, including but not limited to the Fair Labor Standards Act of 1938, as amended, discrimination on the basis of race, color, sex, religion, marital status, national origin, handicap or disability, age, veteran status, disabled veteran status, citizenship status or any other category protected under applicable federal, state or local law, including, but not limited to, those arising under Section 510 of the Released Parties that you may haveEmployee Retirement Income Security Act of 1974, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company amended (collectively, “ClaimsERISA”), including without limitation any Claim arising under the following statues Age Discrimination in Employment Act of 1967, as amended (each“ADEA”), the Civil Rights Act of 1866, as amended): , Title VII of the Civil Rights Act of 1964; , as amended, the Civil Rights Consolidated Omnibus Budget Reconciliation Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; 1986, as amended, and the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under , any other federal, state or local civil or human rights law, or under any other localregulations thereunder, state or federal common law, regulation or ordinanceany other duty or obligation of any kind or description whether express or implied; any claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied contract, including but not limited to Consultant’s Severance Agreement, dated September 22, 1997 (other than claims for the payment of Accrued Obligations and Other Benefits under Section 4(c) of such Severance Agreement), or any other contract affecting terms and conditions of employment, including, but not limited to, any covenant of good faith and fair dealing; any tort claims; and any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730; any claims relating to the Company’s right to terminate the employment of its employees or any right to any payment or benefit, whether vested or not, arising from or under any public policycompensation or incentive plans which Consultant now participates in, contract has, owns or tortholds, or under common law; claims to have participated in, have, own or arising under hold, or which Consultant at any policiestime heretofore has participated in, practices owned or procedures held, claimed to have participated in, have, own or held, or which Consultant at any time hereinafter may participate in, have, own or hold or claim to participate in, have, own or hold against the Released Parties, unless the terms of any particular written compensation plan or written incentive plan or program expressly state otherwise. If there is a conflict between this provision and the written terms of a particular written compensation plan or written incentive plan or program, the written terms of the Company applicable written compensation plan or any of its subsidiaries written incentive plan or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these mattersprogram shall prevail. The foregoing release will not apply to any rights you may have that cannot be waived Both parties acknowledge as a matter consequence of applicable lawthis Agreement that any such written compensation plan or written incentive plan or program shall be construed within the context of a voluntary termination of employment by Consultant, effective June 1, 2008.

Release of Claims. a. In consideration of the Severance Benefits, which you acknowledge you would not otherwise be entitled to receive, you, on behalf of yourself, your heirs, executors, administrators, agents, servants, representatives, successors and for other valuable considerationassigns (collectively “Executive Parties”), you separately and collectively, hereby knowingly and voluntarily release and forever discharge the CompanyCompany and its past, its subsidiaries present and affiliatesfuture directors, their respective successorsmanagers, predecessors and assigns, and each of their respective officers, directors, employees, agents, principals, servants, attorneys, successors, predecessors, and/or assigns and/or any subsidiary, parent or affiliated corporation, partnership or other entity, and their respective legal representatives and agents insurers (collectively “Company Parties”), separately and collectively, the “Released Parties”) of and from any and all claimsdebts, suits, controversiesdemands, actions, causes of action, cross-claimssuits, counter-claimsequities, demandscosts, debtsattorneys fees, compensatory accounts, covenants, contracts, agreements, obligations, damages, liquidated damages, punitive or exemplary damages, other damages, liabilities and claims for costs of every name and attorneys’ fees, or liabilities of any nature whatsoever both in law and or in equityequity which the Executive Parties, both past and present (through separately or collectively, now have or have ever had from the Release Date) and beginning of this world to the date of your execution of this letter agreement, against the Company Parties, whether known or unknownnot now known, suspected, suspected or claimed against any of the Released Parties that you may haveclaimed, which relate to or arise out of any subject, matter or are connected with thing, including but not limited to (a) your employment, or termination of employment, employment with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or the conclusion thereof (including any vested equity-equivalent in the Company (collectively, “Claims”claim for retaliation), (b) any common law claims, including without limitation any Claim arising under but not limited to, actions in tort, defamation, breach of contract, breach of the following statues covenant of good faith and fair dealing, violation of public policy and/or infliction of emotional distress, (eachc) 42 U.S.C. §1981; 42 U.S.C. § 2000e, as amended): the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act, all Civil Rights Acts (including but not limited to Title VII of the Civil Rights Act of 1964; ), the Civil Rights Employee Retirement Income Security Act of 19911974, the Older Workers' Benefit Protection Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Immigration Reform Control Act, the Immigration and Nationality Act, the Fair Credit Reporting Act, the Small Necessities Leave Act, the Occupational Safety and Health Act, the Worker Adjustment and Retraining Notification Act, and any applicable state or local discrimination or human rights law, including all amendments thereto; and violations of any other federal, state or municipal fair employment statutes or laws, including without limitation, violations of any other law, rule, regulation or ordinance pertaining to employment, wages, compensation, hours worked, or any other matters related in any way to your employment with the Company or the termination thereof; and/or (d) any federal, state or local statute, regulation, executive order, ordinance, or common law cause of action not expressly referenced herein. You sign this release with the full knowledge that this release covers all possible claims against the Company Parties through the date of your execution of this letter agreement, to the fullest extent permitted by law, and that in the event any charge or claim is permitted by law, you expressly waive your right to recover any relief and/or damages as a result of such charge or claim. You affirmatively state that you have not assigned any matter released hereby to any person or entity, and you have the full and complete authority to settle all such matters. Notwithstanding anything to the contrary contained herein, this release does not include and will not preclude: (a) any claims for unemployment or workers compensation benefits; (b) any vested interests in retirement plans, employee benefit plans, stock option or similar plans; or (c) any claim for indemnification, contribution, defense or coverage, from or through the Company or its insurers, under the Company’s (or it’s affiliates’) charter or By-laws, under applicable law, or under the Company’s (or its affiliates’) insurance policies (such coverage to be maintained until the expiration of all applicable statutes of limitation), with respect to prior actions or inactions relating in any way to your duties as an employee or officer of the Company. You understand and agree that by entering into this letter agreement, (i) you waive and release any rights and claims you may have under the Age Discrimination in Employment Act of 1967 (including “ADEA”) as amended by the Older Workers Benefit Protection Act, (ii) you have received consideration beyond that to which you were previously entitled; (iii) you have been given not less than twenty-one (21) days to consider this letter agreement, which, if you choose to sign this document before the 21-day period expires, you hereby waive (you further agree that no change to this letter agreement, whether material or immaterial, will re-start the running of said 21-day review period); the Equal Pay Act (iv) for a period ofseven (7) days following your execution of 1963; the Americans with Disabilities Act of 1990; the Family this letter agreement, you may revoke it and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under any other federalyour release as to such rights (to revoke, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of you must provide the Company a written statement of revocation that is received by the Company within said seven-day period); this letter agreement shall not become effective or enforceable as to the release of such rights until this seven-day revocation period has expired; and the Company has no obligation to provide the Severance Benefits until the seven-day revocation period has expired; (v) you have been advised to consult with an attorney (at your own expense) before signing this letter agreement, have not been subject to any undue or improper influence interfering with the exercise of its subsidiaries your free will in deciding whether to consult with counsel, and you have in fact so consulted an attorney (or affiliatesalternatively waive any right to do so regarding the terms of this letter agreement); or any claim for wrongful discharge, breach and (vi) this waiver of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will rights under the ADEA does not apply extend to any rights or claims arising after the date that you may sign this letter agreement. Nothing in this letter agreement prevents or precludes you from seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law. You affirm that no other promises or agreements of any kind have been made to or with you by any person or entity whatsoever to cause you to sign this letter agreement, and that canyou fully understand the meaning and intent of this letter agreement. You further state and represent that you have carefully read this letter agreement, understand the contents herein, freely and voluntarily assent to all of the terms and conditions hereof, and sign your name of your own free act. This letter agreement shall be interpreted and construed by the laws of the State of Maryland, without regard to conflict of laws provisions. You and the Company hereby irrevocably submit to and acknowledge and recognize the jurisdiction of the courts of the State of Maryland, or if appropriate, a federal court located in the State of Maryland (which courts, for purposes of this letter agreement, are the only courts of competent jurisdiction), over any suit, action or other proceeding arising out of, under or in connection with this letter agreement or the subject matter hereof. This letter agreement contains and constitutes the entire understanding and agreement between the parties hereto with respect to the Severance Benefits and the settlement of claims against the Company. If you have any questions about the matters covered in this letter agreement, please contact me. Very truly yours, By: [Insert Name] [Insert Title] I hereby agree to the terms and conditions set forth above. I have been given at least twenty-one (21) days to consider this letter agreement, and I have chosen to execute this on the date below. I intend that this letter agreement will become a binding agreement between me and the Company if I do not be waived as a matter of applicable law.revoke my acceptance in seven (7) days. Xxxxxxx X. Xxxx Date

Release of Claims. a. In (a) For and in consideration of the Severance payments and increased benefits made to the Officer pursuant to Section 2. hereof, the Officer, for other valuable considerationherself, you her heirs, executors, administrators, successors and assigns acknowledges that the payments being made as consideration are in addition to anything of value to which she is entitled and accordingly hereby knowingly releases and voluntarily release and forever discharge agrees to hold harmless the CompanyCompany from all claims, its subsidiaries and affiliatesrights, their respective causes of action or liabilities of whatever nature, whether at law or in equity, or damages (compensatory, consequential or punitive) against the Company that the Officer, her heirs, executors, administrators, successors, predecessors and assigns, and each may now have or hereafter can, shall or may have for, upon, or by reason of their respective officersany matter, directorscause or thing, employeeswhatsoever, representatives and agents (collectivelythat has happened, developed or occurred on or before the “Released Parties”) date of this Agreement, arising out of the Officer's employment with or termination of employment from any and all claimsthe Company or retirement hereunder, suitsincluding, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damagesbut not limited to, claims for costs wrongful termination, discrimination, retaliation, invasion of privacy, defamation, slander, and/or intentional infliction of emotional distress, any rights to a grievance proceeding and attorneys’ feesthose arising under any federal, state, or liabilities of any nature whatsoever local discrimination or civil rights or labor laws and/or rules or regulations, and/or common law, whether in law and contract or in equitytort, both past and present (through as they relate to the Release Date) and whether known or unknown, suspected, or claimed against any employment relationship of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company Officer/Employer (collectively, “Claims”), including without limitation any Claim claims arising under the following statues Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act (each29 USC §626), as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights , Worker Adjustment and Retraining Notification Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act29 USC §2101-2109); the Equal Pay Act of 1963; , the Americans with Disabilities Act of 1990; Act, the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; , the Employee Retirement Income Security Act of 1974; Act, the Fair Labor Standards Florida Civil Rights Act; or their state or local counterparts; or under , and any other federal, state Florida statues relating to employment as such laws have been or local civil or human rights law, or under any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply may be amended from time to any rights you may have that cannot be waived as a matter of applicable lawtime).

Release of Claims. a. In consideration of the Severance For good and for other valuable consideration, you including the Company's entry into this agreement and making Executive eligible for the consideration set forth above, Executive hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities' respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “"Released Parties”) "), from liability for, and Executive hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected or unsuspected, disclosed or claimed against undisclosed, direct or derivative, related to or arising from Executive's employment or engagement with any Released Party, Executive's status as a shareholder of Rentrak Corporation or the Company or any other Released Party, ownership of the Company, Rentrak Corporation or any other Released Parties that you may have, which arise out of Party and any other acts or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are omissions related to your rights any matter on or status as an owner prior to the time that Executive executes this Agreement, whether arising under federal or state laws or the laws of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): state or local anti-discrimination or anti-retaliation law, including Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; United States Code, and the Americans with Disabilities Act of 1990; (B) the Employee Retirement Income Security Act of 1974 ("ERISA"); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law, or under ; (H) the Securities Act of 1933; (I) the Securities Exchange Act of 1934; (J) the Investment Advisers Act of 1940; (K) the Investment Company Act of 1940; (L) the Private Securities Litigation Reform Act of 1995; (M) the Sarbxxxx-Xxxxx Xxx of 2002; (N) the Wall Street Reform and Consumer Protection Act of 2010; (O) any applicable state employment and securities laws; (P) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (Q) any public policy, contract or contract, tort, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kind; (ii) any allegation for costs, fees, or other expenses including attorneys' fees incurred in, or with respect to, a Released Claim; and (iii) any and all rights, benefits, or claims Executive may have under common lawany employment-related contract (including the Severance Agreement), and any incentive or compensation plan or agreement or under any other benefit plan, program or practice not expressly set forth in this Letter (collectively, the "Released Claims"). This Letter is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that, in exchange for any consideration received by Executive hereunder, any and all potential claims of this nature that Executive may have against any of the Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES. Executive is not waiving any rights Executive or Executive's successors may have to: (i) Executive's own vested and accrued employee benefits under the Company's health, incentive or retirement benefits plans that are governed by ERISA as of the date of execution of this Letter; (ii) pursue rights or claims which first arise after the date on which Executive signs this Letter; (iii) indemnification and defense for acts performed in the course and scope of Executive's employment or as a member of the Board pursuant to the terms of the Indemnification Agreement; (iv) pursue claims which by law cannot be waived by signing this Letter; or (v) pursue claims to enforce or challenge the validity of this Letter. Executive and the Company jointly acknowledge and agree that the general and special releases given by Executive hereunder, although given contemporaneously with the execution of this Letter, shall be rendered null and void and this Letter may be rescinded if the Company does not fulfill its obligations to provide Executive with the consideration set forth in this Letter. Further notwithstanding this release of liability, nothing in this Letter prevents Executive from filing any non-legally waivable claim (including a challenge to the validity of this Letter) with the Equal Employment Opportunity Commission ("EEOC") or other governmental agency, including the Securities and Exchange Commission (collectively, "Governmental Agencies") or participating in any investigation or proceeding conducted by the EEOC or other Governmental Agency or cooperating with such an agency or providing documents or other information to a Governmental Agency; however, Executive understands and agrees that, to the extent permitted by law, Executive is waiving any and all rights to recover any monetary or personal relief from a Released Party as a result of such EEOC or other Governmental Agency proceeding or subsequent legal actions. Further notwithstanding this release of liability, nothing in this Letter limits Executive's right to receive an award for information provided to a Governmental Agency. Executive represents that Executive has not engaged in any breach of fiduciary duty, breach of any duty of loyalty or disclosure, fraudulent activity, unlawful or tortious activity or criminal activity, in each case: (i) towards or with respect to the Company or any other Released Party; or (ii) with respect to any action or omission undertaken (or that was failed to be undertaken) in the course of his employment, engagement or affiliation with any Released Party. In reliance upon, and conditioned upon, Executive's representations and covenants contained in this Letter, as further consideration for this Letter, the Company, on its own behalf and on behalf of any person or entity purporting to act on its behalf, hereby releases and forever discharges Executive from any and all claims now known to it that could be asserted against Executive and that pertain to or arise from Executive's employment relationship with the Company and its subsidiaries. Notwithstanding the foregoing, the Company is not waiving or releasing Executive from: (A) any claims, in law or equity, arising under from or relating to any policiesact, practices action, or procedures omission by Executive that was unlawful, that was, based on clear and convincing evidence, not undertaken in good faith, or that was, based on clear and convincing evidence, not reasonably believed to be in the best interests of the Company or any of its subsidiaries or affiliates; other Released Party, (B) the Company's or any other Released Party's future ability to sue or take other action to enforce this Letter, (C) any claim for wrongful dischargewhere such a release would cause the loss of insurance coverage or indemnity protection otherwise potentially available to cover the loss, or (D) a breach of contracta fiduciary or other common law duty. Executive represents and warrants that as of the date on which Executive signs this Letter, infliction Executive has not filed any claims, complaints, charges, or lawsuits against any of emotional distress the Released Parties with any Governmental Agency or defamationwith any state or federal court or arbitrator for or with respect to a matter, claim, or incident that occurred or arose out of one or more occurrences that took place on or prior to the time at which Executive signs this Letter. Executive further represents and warrants that Executive has made no assignment, sale, delivery, transfer or conveyance of any rights Executive has asserted or may have against any of the Released Parties with respect to any Released Claim. Executive expressly acknowledges and agrees that (i) Executive has carefully read this Letter and had sufficient time to consider it; (ii) Executive is receiving, pursuant to this Letter, consideration in addition to anything of value to which Executive is already entitled; (iii) Executive has been advised, and hereby is advised in writing, to discuss this Letter with an attorney of Executive's choice and Executive has had an adequate opportunity to do so prior to executing this Letter; (iv) Executive fully understands the final and binding effect of this Letter; the only promises made to Executive to sign this Letter are those contained herein; and Executive is signing this Letter knowingly, voluntarily and of Executive's own free will, and Executive understands and agrees to each of the terms of this Letter; (v) the only matters relied upon by Executive and causing Executive to sign this Letter are the provisions set forth in writing within the four corners of this Letter (and those provisions of the NDA (as defined below) and Severance Agreement and Indemnification Agreement referenced herein); (vi) no Released Party has provided any tax or legal advice to Executive regarding this Letter and Executive has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Executive's own choosing such that Executive enters into this Letter with full understanding of the tax and legal implications thereof; and (vii) each Released Party that is not a signatory to this Letter shall be a third-party beneficiary of Executive's releases, representations, and covenants herein and shall be entitled to enforce such releases, representations, and covenants as if a party hereto. In entering into this Letter, Executive expressly acknowledges and agrees that Executive has received all leaves (paid and unpaid) that Executive was entitled to receive from the Company or any claim for costsother Released Party through the date on which Executive signs this Letter. Executive further acknowledges and agrees that, fees aside from the consideration to be provided to Executive by the Company pursuant to the terms of this Letter, Executive has received all wages, bonuses and other compensation, been provided all benefits and been afforded all rights and been paid all sums that Executive has been owed by the Company or any other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that cannot be waived as a matter of applicable lawReleased Party through the date on which Executive signs this Letter.

Release of Claims. a. In consideration for, among other terms, the Company’s agreement to enable you to continue employment in accordance with the terms of the Severance and for other valuable considerationSection 1, you hereby knowingly and voluntarily release and forever discharge the Company, its subsidiaries affiliated and affiliatesrelated entities, its and their respective successorspredecessors, predecessors successors and assigns, its and each of their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, representatives attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs damages and attorneys’ fees, or liabilities of any nature whatsoever in law every name and in equitynature, both past and present (through the Release Date) and whether known or unknownunknown (“Claims”) that, suspectedas of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Released Parties Releasees. This release includes, without limitation, all Claims: Xx. Xxxxx Xxxxxxx November 18, 2014 · relating to your employment by and the agreement that you may have, which arise out of or are connected with your employment, or termination of employment, employment with the Company other than those that arise out shall terminate in accordance with this Agreement; · of wrongful discharge; · of breach of contract (including, but not limited to the Offer Letter); · of retaliation or are related to your rights discrimination under federal, state or status as an owner local law (including, without limitation, Claims of vested equity age discrimination or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim arising retaliation under the following statues (eachAge Discrimination in Employment Act, as amended): Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; · under any other federal or state statute (including, without limitation, Claims under the Family and Medical Leave Act Act); · of 1993defamation or other torts; the Worker Adjustment Retraining and Notification Act· of violation of public policy; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; · for wages, bonuses, incentive compensation, stock options, vacation pay or their state or local counterparts; or under any other federalcompensation or benefits, state or local civil or human rights laweither under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights, if any, under the Company’s Section 401(k) Plan, the Equity Grants and this Agreement or any other local, state or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures rights to indemnification that you have for service in your capacity as an officer and employee of the Company and its affiliates under the Company’s articles and by-laws and applicable law. For the avoidance of doubt, you acknowledge that if the future termination of your employment occurs in accordance with this Agreement, such termination shall not give rise to any Claims. You agree that you shall not seek or accept damages of any nature, other equitable or legal remedies for your own benefit, attorney’s fees, or costs from any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply the Releasees with respect to any rights Claim. As a material inducement to the Company to enter into this Agreement, you may represent that you have that cannot be waived as a matter of applicable lawassigned to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Release of Claims. a. In exchange for the severance benefits and other consideration under this Agreement to which you would not otherwise be entitled, you, on behalf of the Severance yourself, your descendants, ancestors, dependents, heirs, executors, administrators, personal representatives, assigns, and for other valuable considerationsuccessors, you past and present, and each of them, hereby knowingly and voluntarily release fully release, acquit and forever discharge the Company, Company and its subsidiaries and affiliates, their respective successors, predecessors and assigns, and each of their respective officers, directors, employees, representatives stockholders, representatives, agents, attorneys, insurers, successors, assigns and agents (collectivelyaffiliates, the “Released Parties”) past and present, and each of them, in their individual and business capacities, of and from any and all claims, suitsliabilities, controversies, actionsdemands, causes of action, cross-claimscosts, counter-claimsexpenses, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity or liabilities of any nature whatsoever in law otherwise, known and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedsuspected and unsuspected, or claimed against any of the Released Parties that you may havedisclosed and undisclosed, which arise arising out of or are in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands arising out of or in any way connected with your employment, or termination of employment, employment with the Company other than those or the termination of that arise out of employment; claims or are demands related to your rights or status as an owner of vested equity salary, bonuses, commissions, tips, vacation pay, fringe benefits, expense reimbursements, stock, stock options or any vested equity-equivalent other ownership interest in the Company (collectivelyincluding claims for fraud, “Claims”misrepresentation, breach of fiduciary duty, or breach of any duty imposed by state corporate or federal securities laws), including without limitation severance pay, or any Claim arising under other form of compensation; and claims for damages, attorneys’ fees, costs or other relief pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the following statues (each, as amended): Title VII of the federal Civil Rights Act of 1964, as amended, the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Worker Adjustment and Retraining Notification Act; or their state or local counterpartsthose provisions of the California Labor Code which may lawfully be released; or the California Business & Professions Code; the California Fair Employment and Housing Act, as amended; tort law, contract law, common law, public policy and the law of wrongful discharge, discrimination, harassment, fraud, defamation, emotional distress, and breach of the implied covenant of good faith and fair dealing; any claim under any other federal, state or local civil or human rights law, or under any other local, state or federal law, regulation or ordinanceordinance which may lawfully be released; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, expenses including attorneys’ fees incurred in any of these mattersmatters (collectively, “Released Claims”). The foregoing release will not apply You represent and warrant to the Company that there are no other individuals or entities to whom or to which you have assigned any rights of the Released Claims and you may have that cannot be waived as a matter are the sole and lawful owner of applicable lawall right, title and interest in and to the Released Claims.

Release of Claims. a. In consideration of the Severance A. For good and for other valuable consideration, you including the Company’s provision of a severance payment and benefits as set forth in Sections 1, 2, and 3 of the Separation Agreement, Executive hereby knowingly releases and voluntarily release and forever discharge discharges the Company, its subsidiaries and affiliates, their respective successors, predecessors and assigns, the Partnership (as defined in the Separation Agreement) and each of their affiliates, subsidiaries, partners, members, predecessors, successors or assigns, along with their respective owners, partners, officers, directors, members, employees, representatives agents, attorneys, successors, administrators and agents insurers (collectively, collectively the “Released Parties”) ), from any and all claims, suitsdemands, controversies, actions, liabilities and causes of action, cross-claimswhether statutory or common law, counter-claimsrelating to any matter occurring on or prior to the date that Executive executed this Agreement, demandswhich are now known, debtsor reasonably should be known, compensatory to Executive, including, but not limited to, any claims for salary, benefits, payments, expenses, costs, damages, liquidated damagespenalties, punitive or exemplary damagescompensation, other damagesremuneration, claims for costs and attorneys’ feeswages, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspected, or claimed against any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), contractual entitlements including without limitation any Claim arising under alleged violations of;: (i) the following statues (eachAge Discrimination in Employment Act of 1967, as amended): amended (including the Older Workers’ Benefits Protection Act); (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment United States Code, as amended; (v) the Employee Retirement Income Security Act of 1967 1974, as amended (including the Older Workers Benefit Protection Act“ERISA”); (vi) the Equal Pay Act of 1963Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their (xi) any state or local counterpartsfederal anti-discrimination law; or under (xii) any other federal, state or local civil or human rights federal wage and hour law, or under ; (xiii) any other local, state or federal law, regulation or ordinance; or under (xiv) any public policy, contract or contract, tort, or under common lawlaw claim; or arising under (xv) any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing the matters referenced herein; and (xvi) any and all claims Executive may have arising out of, or as the result of any breach of, any employment agreement, or any other contract, incentive compensation plan or agreement, unit subscription agreement, or stock option plan or agreement with the Company or Released Parties (collectively, the “Released Claims”); provided, however, that this release will does not apply to the Company’s obligations to Executive that may arise under: (i) the Separation Agreement; (ii) to the extent applicable, the restricted share award agreements and the LTIP (as defined in the Separation Agreement) as a result of Executive’s continuing ownership of the restricted shares specifically identified in Section 3 of the Separation Agreement and any vested stock options; (iii) any rights you of defense or indemnification which would be otherwise afforded to the Executive under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or any written indemnification agreement by and between the Company and the Executive; (iv) any rights of defense or indemnification which would be otherwise afforded to the Executive under any liability or other insurance policy maintained by the Company; (v) any rights of the Executive under any applicable health, medical and dental programs; and (vi) such other rights or claims as may arise after the date of this Agreement. This Release is not intended to indicate that any Released Claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that, in exchange for the consideration provided pursuant to the Separation Agreement, any and all potential claims of this nature that Executive may have that cannot be waived as a matter against the Released Parties, regardless of applicable lawwhether they actually exist, are expressly settled, compromised or waived.

Release of Claims. a. In consideration of the Severance (a) For good and for other valuable consideration, you including the Company’s agreement to provide the consideration set forth in Section 2(a), (c), and (e) of the Separation Agreement (and any portion thereof), Executive hereby knowingly forever releases, discharges and voluntarily release and forever discharge acquits the Company, its present and former subsidiaries and other affiliates, their respective successors, predecessors and assigns, and each of their the foregoing entities’ respective officerspast, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and agents representative capacities, as well as all employee benefit plans maintained by the Company or any of its affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Confirming Released Parties”) ), from liability for, and Executive hereby waives, any and all claims, suitsdamages, controversies, actions, or causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities action of any nature whatsoever in law and in equitykind related to Executive’s employment with any Confirming Released Party, both past and present (through the Release Date) and whether known or unknowntermination of such employment, suspected, or claimed against any ownership of the Released Parties that you may have, which arise out of Company and any other acts or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are omissions related to your rights any matter on or status as an owner prior to the time that Executive executes this Confirming Release, whether arising under federal or state laws or the laws of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”)other jurisdiction, including without limitation (i) any Claim arising under the following statues alleged violation through such date of: (eachA) any federal, as amended): Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967 (including as amended by the Older Workers Benefit Protection Act); , Title VII of the Equal Pay Civil Rights Act of 1963; 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, and the Americans with Disabilities Act of 1990; (B) the Executive Retirement Income Security Act of 1974 (“ERISA”); (C) the Immigration Reform Control Act; (D) the National Labor Relations Act; (E) the Occupational Safety and Health Act; (F) the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; or their state or local counterparts; or under (G) any other federal, state or local civil or human rights wage and hour law, or under ; (H) the Securities Act of 1933; (I) the Securities Exhibit 10.31 Exchange Act of 1934; (J) the Investment Advisers Act of 1940; (K) the Investment Company Act of 1940; (L) the Private Securities Litigation Reform Act of 1995; (M) the Sarbxxxx-Xxxxx Xxx of 2002; (N) the Wall Street Reform and Consumer Protection Act of 2010; (O) any applicable state employment and securities laws; (P) any other local, state or federal law, regulation regulation, ordinance or ordinanceorders which may have afforded any legal or equitable causes of action of any nature; or under (Q) any public policy, contract or contract, tort, or under common law; law claim or arising under any policies, practices or procedures of the Company or any of its subsidiaries or affiliates; or any claim for wrongful dischargedefamation, breach emotional distress, fraud or misrepresentation of contract, infliction of emotional distress or defamationany kind; or (ii) any claim allegation for costs, fees fees, or other expenses, expenses including attorneys’ fees incurred in these matters. The foregoing release will not apply to in, or with respect to, a Further Released Claim; (iii) any rights you and all rights, benefits, or claims Executive may have under any employment contract (including the Severance Agreement), incentive or compensation plan or agreement or under any other benefit plan, program or practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in the Separation Agreement (collectively, the “Further Released Claims”). This Confirming Release is not intended to indicate that cannot be waived as a matter any such claims exist or that, if they do exist, they are meritorious. Rather, Executive is simply agreeing that any and all potential claims of applicable lawthis nature that Executive may have against any of the Confirming Released Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE RELEASED PARTIES.

Release of Claims. a. In consideration exchange for the payment to Employee of the Severance consideration detailed in this Agreement, Employee, for and for other valuable considerationon behalf of Employee and Employee’s heirs, you hereby knowingly and voluntarily release and forever discharge the Companyadministrators, its subsidiaries and affiliatesexecutors, their respective successors, predecessors and assigns, does hereby fully, forever, irrevocably and each of their respective unconditionally release and discharge NSM, including its past and present officers, directors, partners, members, parents, subsidiaries, divisions, affiliates, agents, employees, representatives shareholders, representatives, attorneys, successors, assigns, and agents all persons acting by, through, under, or in concert with them (collectivelyhereinafter collectively referred to as "Releasees"), for anything that has occurred up to the “Released Parties”) from date of execution of this Agreement, including but not limited to, any and all claims, suits, controversies, actions, causes claims resulting from Employee’s employment with NSM and any and all claims relating to the administration or terms of action, cross-claims, counter-any employment or benefit plan or contract. This includes all claims, demands, debtsrights, compensatory damagesliabilities, liquidated damagesand causes of action of every nature and description whatsoever, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the Release Date) and whether known or unknown, suspectedwhether in tort, contract, statute, rule, ordinance, order, regulation, or claimed against otherwise, including, without limitation, any of the Released Parties that you may have, which arise out of or are connected with your employment, or termination of employment, with the Company other than those that arise out of or are related to your rights or status as an owner of vested equity or any vested equity-equivalent in the Company (collectively, “Claims”), including without limitation any Claim claims arising under the following statues (each, as amended): or based upon Title VII of the Civil Rights Act of 1964Act, as amended; the Civil Rights Act of 1991, as amended; Section 1981 of U.S.C. Title 42; the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990Act, as amended; the Family and Medical Leave Act of 1993Act, as amended; the Worker Adjustment Retraining and Notification Fair Credit Reporting Act; the Fair Labor Standards Act, as amended; the Equal Pay Act, as amended; the Employee Retirement Income Security Act, as amended (with respect to unvested benefits); the Consolidated Omnibus Budget Reconciliation Act; the Sarbanes Oxley Act of 19742002, as amended; the Fair Worker Adjustment and Retraining Notification Act, as amended; the Uniform Service Employment and Reemployment Rights Act, as amended; the Texas Labor Standards Code (specifically including the Texas Payday Act, the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code and the Texas Whistleblower Act) and amendments to those laws; all State and Local statutes that may be legally waived that employees could bring employment claims under, including any State or their Local anti-discrimination statute, wage and hour statute, leave statute, equal pay statute and whistleblower statute; any federal or state or local counterpartsconstitutions; or under any other and all claims pursuant to federal, state or local civil or human rights law, or under any other local, state or federal law, regulation statute or ordinance; or under any public policyand all claims pursuant to contract, contract quasi contract, common law or tort; and claims that are known or unknown, suspected or unsuspected, concealed or hidden, or under common law; whether developed or arising under any policiesundeveloped, practices or procedures up through the date of Employee’s execution of this Agreement. Notwithstanding the Company or any of its subsidiaries or affiliates; or foregoing, the parties expressly acknowledge and agree that Employee does not release any claim for wrongful discharge, breach of contract, infliction of emotional distress or defamation; or any claim for costs, fees or other expenses, including attorneys’ fees incurred in these matters. The foregoing release will not apply to any rights you may have that which cannot be released by private agreement, such as unemployment compensation claims, workers’ compensation claims, claims of entitlement to vested benefits under any 401(k) plan or other ERISA-covered benefit plan provided by NSM, claims after the Effective Date of this Agreement, or any rights or claims arising the Transition Agreement. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Occupational Health and Safety Administration, Securities and Exchange Commission, the Department of Justice or a comparable state or local enforcement agency. Notwithstanding the preceding sentence, Employee agrees to waive any right to recover monetary damages in connection with any charges filed by Employee or by anyone else on Employee’s behalf. To the fullest extent permitted by law, Employee further waives Employee’s right to participate in any collective or class action under the Fair Labor Standards Act or similar or state or local law, and Employee agrees to opt-out of any such collective or class action against NSM, to which Employee may be or become a party or class member. The preceding waivers do not include and employee has not waived as Employee’s right to file an application for or to accept a matter whistleblower award from the SEC pursuant to Section 21F of applicable lawthe Exchange Act.