Common use of Waiver and Release of Claims Clause in Contracts

Waiver and Release of Claims. 1. In consideration of the payments and benefits to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Employee, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party in any capacity, including, without limitation, any and all claims (i) arising out of or in any way connected with the Employee’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:

Waiver and Release of Claims. 1. In consideration Except for (i) a material breach by Employee of any provision of this Agreement, and Employee's failure to cure such breach within ten (10) days after written notice from the Company to the Employee specifying in reasonable detail the alleged breach, (ii) willful misfeasance or gross negligence in the performance of Employee's duties, including without limitation, dishonesty, conflict of interest, unethical business conduct, breaches of confidentiality or failure to cooperate in any Company investigation, and (iii) violation of laws or regulations in connection with his duties, including without limitation claims arising under Section 16 of the payments Securities and benefits to be made under the Separation and Consulting AgreementExchange Act of 1934, dated as amended, Onvia, on behalf of November 30Onvia's past or present parent, 2005 (the “Separation Agreement”)subsidiary or otherwise affiliated corporations, to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporationpartnerships, a Delaware corporation (“Pregis I”)or other business enterprises, and all of its wholly owned or their past or present affiliates, related entities, partners, subsidiaries, Pregis Holding II Corporationinsurers, a Delaware corporation predecessors, successors, assigns, directors, officers, shareholders, attorneys, accountants, representatives, agents and employees (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (fthese entities/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”)persons together with Onvia are collectively referred to as "Associated Persons") hereby releases in full, and Hexacomb Corporationforever discharges, an Illinois corporation (“Hexacomb,” acquits, and together with Pregis Iholds harmless, Pregis IIXxxx Xxxxxxx himself/herself and his/her marital community, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby releaseincluding any of, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actionsdisputes, suits, demands, causes of action, complaints, charges, demands, rightsliabilities, damages, debts, sums of money, accounts, financial obligations, suits, expenses, expenses (including but not limited to attorneys’ ' fees and liabilities costs), and obligations of whatever every nature, character and kind or nature in law, equity or otherwise(collectively "Claims"), whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected which may now exist or unsuspectedhereafter may be discovered, which the Employee, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party in any capacity, including, specifically including without limitation, limitation any and all claims (i) Claims arising out of from or in any way connected with relating to the Employee’s service to 's employment with Onvia. This release includes, but is not limited to, any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination Claims that Xxxxx.xxx might have under any applicable federal, state or state, county, city, municipal, and/or local statutelaw. ONVIA ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE THE COMPANY IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, provisionKNOWN OR UNKNOWN, order or regulationCONTINGENT OR LIQUIDATED, and includingTHAT HE/SHE MAY HAVE AGAINST THE EMPLOYEE, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:AND THE OTHER PERSONS NAMED ABOVE.

Waiver and Release of Claims. 1. In consideration (a) Effective for all purposes as of the payments and benefits to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis PackagingClosing, the “Companies”) (each Shareholder by execution of the Employee and the Companiesthis Agreement or by becoming bound by its terms, a “Party” and collectively, the “Parties”) are parties, the sufficiency on behalf of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies itself and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”)heirs, their present and former officersadministrators, directorsestates, executivesexecutors, shareholderspersonal representatives, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors successors and assigns of each of the foregoing (collectively, the “Company Released PartiesReleasors”), hereby irrevocably releases and forever discharges each of Acquiror, the Company, the Shareholder and Acquiror’s Subsidiaries and each of their respective Affiliates, predecessors, officers, directors, stockholders, members, agents, representatives, successors and assigns (individually, a “Releasee” and, collectively, the “Releasees”) from any and all claims, actions, causes of action, complaints, chargesclaims, demands, rightsdebts, damages, debtscosts, sums of moneylosses, accountspenalties, financial attorneys’ fees, obligations, suitsjudgments, expenses, attorneys’ fees compensation, rights and liabilities of whatever kind any nature whatsoever, in law or nature in law, equity or otherwiseequity, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected contingent or unsuspectedotherwise (“Claims”), which the Employee, individually or as a member of a class, Releasor now has, owns may ever have had in the past or holdsmay have in the future against any of the respective Releasees by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed at any time heretofore hadfrom the beginning of time up to and including the Closing that arises from or out of, owned is based upon or held, arising on or prior relates to the date hereofCompany, against including without limitation the Releasor’s or any other party’s ownership or purported ownership or voting rights in respect of any Shares or other securities in the Company Released Party in or any capacityright to notice relating to any action contemplated by or related to this Agreement, including, without limitation, and any and all claims Claims that the Releasors may have against any of the Releasees with respect thereto whether pursuant to any Contract or agreement, breach or alleged breach of fiduciary duty or otherwise; provided, however, that, the Releasor does not relinquish, release or discharge (i) arising out any rights to payments or performance of or in any way connected with the Employee’s service obligations pursuant to any member of the Company Affiliated Group (this Agreement or the predecessors thereof) in any capacityTransaction Documents, or the termination of such service transactions contemplated hereby or thereby (including disbursements from the Indemnity Escrow Fund and the Purchase Price Adjustment Escrow Fund in any such capacity, accordance with the terms hereof) or (ii) for severance or vacation benefits, unpaid wages, salary or incentive paymentsany rights to continuing indemnification under (A) the Organizational Documents, (iiiB) for breach of contractany indemnification agreement to which Releasor and the Company are parties, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (ivC) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, policy of directors’ and including, without limitation, any claim under Title VII of officers’ insurance maintained by the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:Company.

Waiver and Release of Claims. 1. In consideration of the payments You, for yourself and benefits to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his your heirs, executors, administrators legal representatives, successors and assigns, does hereby release, remise, acquit unconditionally and irrevocably release and forever discharge TravelCenters of America LLC ("the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”Company"), the RMR Group LLC ("RMR") and any other companies from time to time managed by RMR, and its and their present current, former and former future officers, directors, executivestrustees, employees, representatives, shareholders, attorneys, agents, attorneysconsultants, employees and employee benefit plans (and the fiduciaries thereof)contractors, successors, subsidiaries, including, without limitation, TA Operating LLC, and the successors, predecessors and assigns of each of the foregoing affiliates (collectively, the “Company Released Parties”), "Releasees") or any of them of and from any and all suits, claims, actionsdemands, interest, costs (including attorneys' fees and costs actually incurred), expenses, actions and causes of action, complaints, charges, demands, rights, damagesliabilities, debts, sums of money, accounts, financial obligations, suitspromises, expensesagreements, attorneys’ fees controversies, losses and liabilities debts of whatever kind any nature whatsoever which you, your heirs, executors, legal representatives, successors and assigns, individually and/or in their beneficial capacity, now have, own or nature in lawhold, equity or otherwiseat any time heretofore ever had, owned or held, or could have owned or held, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which from the Employee, individually or as a member beginning of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior the world to the date hereof, against any Company Released Party in any capacity, of execution of this Waiver and Release of Claims including, without limitation, any and all claims (i) arising at law or in equity or in a court, administrative, arbitration, or other tribunal of any state or country arising out of or in any way connected connection with the Employee’s service to any member of your employment by the Company Affiliated Group (or its subsidiaries; any claims against the predecessors thereof) in any capacityReleasees based on statute, regulation, ordinance, contract, or tort; any claims against the termination of such service in any such capacityReleasees relating to wages, (ii) for severance or vacation compensation, benefits, unpaid wagesretaliation, salary negligence, or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for ; any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims arising under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, the Civil Rights Act of 1988Age Discrimination in Employment Act, as amended, the Older Workers' Benefit Protection Act, as amended, the Equal Pay Act, as amended, the Fair Labor Standards Act, as amended, the Employment Retirement Income Security Act, as amended, the Americans with Disabilities Act of 1990 (“"ADA”"), as amended, The ADA Amendments Act, the Employee Retirement Income Security Xxxxx Xxxxxxxxx Fair Pay Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Non-Discrimination Act, the Civil Rights Act of 19741991, as amended amended, the Family Medical Leave Act of 1993, as amended, and the Rehabilitation Act, as amended; the Ohio Fair Employment Practices Act, Ohio Rev. Code Xxx. § 4112.01, et seq.; the Ohio Whistleblower Protection Law, Ohio Rev. Code Xxx. § 4113.51, et seq.; the Ohio Statutory Provisions Regarding Retaliation/Discrimination for Filing Worker's Compensation Claim, Ohio Rev. Code Xxx. § 4123.90; the Ohio Equal Pay Law, Ohio Rev. Code Xxx. § 4111.13 et seq.; the Ohio State Wage Payment and Work Hour Laws, Ohio Rev. Code Xxx. § 4111.01, et seq.; the Ohio Political Action of Employees Laws; the Ohio Witness and Juror Leave Laws, Ohio Rev. Code Xxx. § 2313.18, et seq.; the Ohio Voting Leave Laws, Ohio Rev. Code Xxx. § 3599.06, et seq.; the Ohio Military Family Medical Leave Act, Ohio Rev. Code Xxx. § 5906.01, et seq.; the Ohio Whistleblower Protection Law - Ohio Rev. Code Xxx. § 4113.52, and any other claims under any similar federal or state law including with respect to claims for unpaid or delayed payment of wages, overtime, bonuses, commissions, incentive payments or severance, missed or interrupted meal periods, accrued or unused vacation time, interest, attorneys' fees, costs, expenses, liquidated damages, treble damages or damages of any kind to the maximum extent permitted by law and any claims against the Releasees arising under any and all applicable state, federal, or local ordinances, statutory, common law, or other claims of any nature whatsoever. Nothing in this Agreement shall affect the U.S. Equal Employment Opportunity Commission's (“ERISA”)"EEOC") rights and responsibilities to enforce the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the National Labor Relations Act or any other applicable law, nor shall anything in this Agreement be construed as a basis for interfering with your protected right to file a timely charge with, or participate in an investigation or proceeding conducted by, the EEOC, the National Labor Relations Board (“ADEA”the "NLRB"), or any other state, federal or local government entity; provided, however, if the Illinois Human Rights ActEEOC, the NLRB, or any other state, federal or local government entity commences an investigation on your behalf, you specifically waive and release your right, if any, to recover any monetary or other benefits of any sort whatsoever arising from any such investigation or otherwise, nor will you seek or accept reinstatement to your former position with the Company and its subsidiaries. Nothing in this Agreement prohibits you from reporting possible violations of federal law or regulation to any government agency or entity, including, but not limited to, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of applicable law. You do not need prior authorization of the Company to make any such reports or disclosures and you are not required to notify the Company that you have made such reports or disclosures. Furthermore, nothing in this Agreement will preclude rights and/or claims: (a) under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"); (b) for unemployment compensation; (c) for workers' compensation; (d) for accrued benefits in any benefits plan sponsored by the Company or under any insurance policy or other third party contractual arrangement, and governed by the Employment Retirement Income Security Act; (e) for indemnification as provided in the Indemnification Agreement between the Company and you dated August 16, 2011, or pursuant to any insurance policy or other similar type third party contractual arrangement; (f) as a shareholder of the Company; and/or (g) to enforce the terms of this Agreement. You acknowledge that you have carefully read and fully understand this Waiver and Release of Claims. You acknowledge that you have not relied on any statement, written or analogous state statuteoral, excepting only:which is not set forth in this Waiver and Release of Claims. You further acknowledge that you are hereby advised in writing to consult with an attorney prior to executing this Waiver and Release of Claims; that you are not waiving or releasing any rights or claims that may arise after the date of execution of this Waiver and Release of Claims; that you are releasing claims under the Age Discrimination in Employment Act ("ADEA"); that you execute this Waiver and Release of Claims in exchange for monies in addition to those to which you are already entitled; that the Company gave you a period of at least twenty-one (21) days within which to consider this Waiver and Release of Claims and a period of seven (7) days following your execution of this Waiver and Release of Claims to revoke your ADEA waiver as provided below; that if you voluntarily execute this Waiver and Release of Claims prior to the expiration of the 21st day, you will voluntarily waive the remainder of the 21 day consideration period; that any changes to this Waiver and Release of Claims by you once it has been presented to you will not restart the 21 day consideration period; and you enter into this Waiver and Release of Claims knowingly, willingly and voluntarily in exchange for the release payments and benefits. To receive the release payments and benefits provided the Retirement Agreement between TA Operating LLC and you dated February ___, 2017 (the "Retirement Agreement"), this Waiver and Release of Claims must be signed and returned to the Company by email to xxxxxxxxx@xx-xxxxx.xxx, with a copy to follow by certified mail, return receipt requested to the attention of Xxxxx Xxxxxxxx, Vice President, TA Operating LLC, 00000 Xxxxxx Xxxxx Xxxx, Xxxxxxxx, Xxxx 00000 on, or within five business days after, December 31, 2017. You may revoke your release of your ADEA claims up to seven (7) days following your signing this Waiver and Release of Claims. Notice of revocation must be received in writing by Xxxxx Xxxxxxxx, Vice President, TA Operating LLC, 00000 Xxxxxx Xxxxx Xxxx, Xxxxxxxx, Xxxx 00000, no later than the seventh day (excluding the date of execution) following the execution of this Waiver and Release of Claims. The ADEA release is not effective or enforceable until expiration of the seven day period. However, the ADEA release becomes fully effective, valid and irrevocable if it has not been revoked within the seven day period immediately following your execution of this Waiver and Release of Claims. The parties agree that if you exercise your right to revoke this Waiver and Release of Claims, then you are not entitled to any of the release payments and benefits set forth in Section 3(b) of the Retirement Agreement. This Waiver and Release of Claims shall become effective eight (8) days after your execution if you have not revoked your signature as herein provided. I hereby provide this Waiver and Release of Claims as of the date indicated below and acknowledge that the execution of this Waiver and Release of Claims is in further consideration of the benefits set forth in Section 3(b) of the Retirement Agreement, to which I acknowledge I would not be entitled if I did not sign this Waiver and Release of Claims. I intend that this Waiver and Release of Claims become a binding agreement by and between me and the Company if I do not revoke my acceptance within seven (7) days. _______________________________ Name: Xxxxxxx X. Xxxxxxxx Dated: ______________ ____, 201__ Exhibit B Vesting Agreement See attached. VESTING AGREEMENT THIS VESTING AGREEMENT (this "Agreement") is between TravelCenters of America LLC, a Delaware limited liability company (the "Company"), and Xxxxxxx X. Xxxxxxxx ("you") and is dated as of February ___, 2017, but shall be effective only when, and if, the Retirement Agreement (defined below) becomes irrevocably effective pursuant to Section 17 thereof.

Waiver and Release of Claims. 1. In consideration of the payments (a) The Significant Stockholders completely, fully, finally and benefits to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby forever release, remiserelinquish, acquit waive and forever discharge the Companies discharge, each on their own behalf and each on behalf of its or all of their subsidiaries and affiliates (the “Company Affiliated Group”)respective current, their present future and former officers, directors, executivesstockholders, shareholderspartners, members, managers, employees, heirs, dependents, executors, administrators, agents, attorneysAffiliates, employees representatives, successors and employee benefit plans (assigns, from all suits, charges, debts, dues, losses, bills, covenants, contracts, understandings, promises, agreements, variances, trespasses, costs, expenses, claims, liabilities, demands, obligations, penalties, deficiencies, taxes, fines and the fiduciaries thereof)causes of action of any kind or nature whatsoever, and the successorswhether asserted or unasserted, predecessors and assigns of each of the foregoing accrued or unaccrued, anticipated or unanticipated, fixed or contingent, liquidated or unliquidated, conditional or unconditional, known or unknown, whether arising under federal or state law, under statutory or common law, in contract or in tort, or at law or in equity (collectively, the “Company Released PartiesLiabilities”), other than those arising under or pursuant to (i) the Merger Agreement and any agreement or instrument delivered in connection with the transactions contemplated thereby (including, without limitation, the Support Agreement, the written consent executed by the Significant Stockholders approving the Merger Agreement and the transactions contemplated thereby, including the Merger (the “Written Consent”)); or (ii) provisions of and from any and all claimsthe bylaws or certificate of incorporation of the Company, actionsin each case as in effect immediately prior to Closing, causes of action, complaints, charges, demands, relating to indemnification or advancement rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, filed or contingent, liquidated or unliquidated, whether at law or in equity, direct or indirect, matured or not matured, suspected or unsuspected, which any of the Employee, individually or as a member of a classSignificant Stockholders ever had, now has, owns or holdshave, or has at hereinafter can or may have, against Parent, the Company or any time heretofore hadof their respective stockholders, owned directors, officers, partners, members, managers, employees, heirs, dependents, executors, administrators, agents, Affiliates, representatives, successors and assigns (but in each case excluding persons who are direct or held, arising on or indirect owners of the Company as of immediately prior to the date hereofEffective Time) (collectively, against any Company the “Released Party in any capacityParties”), including, without limitation, any and all claims (i) based on acts or events that took place prior to the Closing arising out of or in relating to the Company or any way connected of its Subsidiaries, irrespective of whether a Liability is asserted prior to, on or following the Closing of the transactions contemplated by the Merger Agreement; provided, however, that with respect to the EmployeeCompany’s service employees, the foregoing shall not release such employees’ rights pursuant to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm Benefit Plans or other tort, (iv) for any violation rights to reimbursement to which such employee may otherwise be entitled. Each of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationthe Significant Stockholders agree that it has executed this Release on its own behalf, and includingalso on behalf of its current, without limitationfuture and former trustees, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)heirs, the Civil Rights Act of 1988dependents, the Fair Labor Standards Actexecutors, the Americans with Disabilities Act (“ADA”)administrators, the Employee Retirement Income Security Act of 1974agents, as amended (“ERISA”)Affiliates, the Age Discrimination in Employment Act (“ADEA”)representatives, the Illinois Human Rights Act, successors and any similar or analogous state statute, excepting only:assigns.

Waiver and Release of Claims. 1. In consideration of the payments You, for yourself and benefits to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his your heirs, executors, administrators legal representatives, successors and assigns, does hereby release, remise, acquit unconditionally and irrevocably release and forever discharge TravelCenters of America LLC ("the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”Company"), the RMR Group LLC ("RMR") and any other companies from time to time managed by RMR, and its and their present current, former and former future officers, directors, executivestrustees, employees, representatives, shareholders, attorneys, agents, attorneysconsultants, employees and employee benefit plans (and the fiduciaries thereof)contractors, successors, subsidiaries, including, without limitation, TA Operating LLC, and the successors, predecessors and assigns of each of the foregoing affiliates (collectively, the “Company Released Parties”), "Releasees") or any of them of and from any and all suits, claims, actionsdemands, interest, costs (including attorneys' fees and costs actually incurred), expenses, actions and causes of action, complaints, charges, demands, rights, damagesliabilities, debts, sums of money, accounts, financial obligations, suitspromises, expensesagreements, attorneys’ fees controversies, losses and liabilities debts of whatever kind any nature whatsoever which you, your heirs, executors, legal representatives, successors and assigns, individually and/or in their beneficial capacity, now have, own or nature in lawhold, equity or otherwiseat any time heretofore ever had, owned or held, or could have owned or held, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which from the Employee, individually or as a member beginning of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior the world to the date hereof, against any Company Released Party in any capacity, of execution of this Waiver and Release of Claims including, without limitation, any and all claims (i) arising at law or in equity or in a court, administrative, arbitration, or other tribunal of any state or country arising out of or in any way connected connection with the Employee’s service to any member of your employment by the Company Affiliated Group (or its subsidiaries; any claims against the predecessors thereof) in any capacityReleasees based on statute, regulation, ordinance, contract, or tort; any claims against the termination of such service in any such capacityReleasees relating to wages, (ii) for severance or vacation compensation, benefits, unpaid wagesretaliation, salary negligence, or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for ; any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims arising under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, the Civil Rights Act of 1988Age Discrimination in Employment Act, as amended, the Older Workers' Benefit Protection Act, as amended, the Equal Pay Act, as amended, the Fair Labor Standards Act, as amended, the Employment Retirement Income Security Act, as amended, the Americans with Disabilities Act of 1990 (“"ADA”"), as amended, The ADA Amendments Act, the Employee Retirement Income Security Xxxxx Xxxxxxxxx Fair Pay Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Non-Discrimination Act, the Civil Rights Act of 19741991, as amended amended, the Family Medical Leave Act of 1993, as amended, and the Rehabilitation Act, as amended; the Ohio Fair Employment Practices Act, Ohio Rev. Code Xxx. § 4112.01, et seq.; the Ohio Whistleblower Protection Law, Ohio Rev. Code Xxx. § 4113.51, et seq.; the Ohio Statutory Provisions Regarding Retaliation/Discrimination for Filing Worker's Compensation Claim, Ohio Rev. Code Xxx. § 4123.90; the Ohio Equal Pay Law, Ohio Rev. Code Xxx. § 4111.13 et seq.; the Ohio State Wage Payment and Work Hour Laws, Ohio Rev. Code Xxx. § 4111.01, et seq.; the Ohio Political Action of Employees Laws; the Ohio Witness and Juror Leave Laws, Ohio Rev. Code Xxx. § 2313.18, et seq.; the Ohio Voting Leave Laws, Ohio Rev. Code Xxx. § 3599.06, et seq.; the Ohio Military Family Medical Leave Act, Ohio Rev. Code Xxx. § 5906.01, et seq.; the Ohio Whistleblower Protection Law - Ohio Rev. Code Xxx. § 4113.52, and any other claims under any similar federal or state law including with respect to claims for unpaid or delayed payment of wages, overtime, bonuses, commissions, incentive payments or severance, missed or interrupted meal periods, accrued or unused vacation time, interest, attorneys' fees, costs, expenses, liquidated damages, treble damages or damages of any kind to the maximum extent permitted by law and any claims against the Releasees arising under any and all applicable state, federal, or local ordinances, statutory, common law, or other claims of any nature whatsoever. Nothing in this Agreement shall affect the U.S. Equal Employment Opportunity Commission's (“ERISA”)"EEOC") rights and responsibilities to enforce the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the National Labor Relations Act or any other applicable law, nor shall anything in this Agreement be construed as a basis for interfering with your protected right to file a timely charge with, or participate in an investigation or proceeding conducted by, the EEOC, the National Labor Relations Board (“ADEA”the "NLRB"), or any other state, federal or local government entity; provided, however, if the Illinois Human Rights ActEEOC, the NLRB, or any other state, federal or local government entity commences an investigation on your behalf, you specifically waive and release your right, if any, to recover any monetary or other benefits of any sort whatsoever arising from any such investigation or otherwise, nor will you seek or accept reinstatement to your former position with the Company and its subsidiaries. Nothing in this Agreement prohibits you from reporting possible violations of federal law or regulation to any government agency or entity, including, but not limited to, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of applicable law. You do not need prior authorization of the Company to make any such reports or disclosures and you are not required to notify the Company that you have made such reports or disclosures. Furthermore, nothing in this Agreement will preclude rights and/or claims: (a) under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"); (b) for unemployment compensation; (c) for workers' compensation; (d) for accrued benefits in any benefits plan sponsored by the Company or under any insurance policy or other third party contractual arrangement, and governed by the Employment Retirement Income Security Act; (e) for indemnification as provided in the Indemnification Agreement between the Company and you dated August 16, 2011, or pursuant to any insurance policy or other similar type third party contractual arrangement; (f) as a shareholder of the Company; and/or (g) to enforce the terms of this Agreement. You acknowledge that you have carefully read and fully understand this Waiver and Release of Claims. You acknowledge that you have not relied on any statement, written or analogous state statuteoral, excepting only:which is not set forth in this Waiver and Release of Claims. You further acknowledge that you are hereby advised in writing to consult with an attorney prior to executing this Waiver and Release of Claims; that you are not waiving or releasing any rights or claims that may arise after the date of execution of this Waiver and Release of Claims; that you are releasing claims under the Age Discrimination in Employment Act ("ADEA"); that you execute this Waiver and Release of Claims in exchange for monies in addition to those to which you are already entitled; that the Company gave you a period of at least twenty-one (21) days within which to consider this Waiver and Release of Claims and a period of seven (7) days following your execution of this Waiver and Release of Claims to revoke your ADEA waiver as provided below; that if you voluntarily execute this Waiver and Release of Claims prior to the expiration of the 21st day, you will voluntarily waive the remainder of the 21 day consideration period; that any changes to this Waiver and Release of Claims by you once it has been presented to you will not restart the 21 day consideration period; and you enter into this Waiver and Release of Claims knowingly, willingly and voluntarily in exchange for the release payments and benefits. To receive the release payments and benefits provided the Retirement Agreement between TA Operating LLC and you dated February ___, 2017 (the "Retirement Agreement"), this Waiver and Release of Claims must be signed and returned to the Company by email to xxxxxxxxx@xx-xxxxx.xxx, with a copy to follow by certified mail, return receipt requested to the attention of Xxxxx Xxxxxxxx, Vice President, TA Operating LLC, 00000 Xxxxxx Xxxxx Xxxx, Xxxxxxxx, Xxxx 00000 on or within five business days after, October 2, 2017. You may revoke your release of your ADEA claims up to seven (7) days following your signing this Waiver and Release of Claims. Notice of revocation must be received in writing by Xxxxx Xxxxxxxx, Vice President, TA Operating LLC, 00000 Xxxxxx Xxxxx Xxxx, Xxxxxxxx, Xxxx 00000, no later than the seventh day (excluding the date of execution) following the execution of this Waiver and Release of Claims. The ADEA release is not effective or enforceable until expiration of the seven day period. However, the ADEA release becomes fully effective, valid and irrevocable if it has not been revoked within the seven day period immediately following your execution of this Waiver and Release of Claims. The parties agree that if you exercise your right to revoke this Waiver and Release of Claims, then you are not entitled to any of the release payments and benefits set forth in Section 3(b) of the Retirement Agreement. This Waiver and Release of Claims shall become effective eight (8) days after your execution if you have not revoked your signature as herein provided. I hereby provide this Waiver and Release of Claims as of the date indicated below and acknowledge that the execution of this Waiver and Release of Claims is in further consideration of the benefits set forth in Section 3(b) of the Retirement Agreement, to which I acknowledge I would not be entitled if I did not sign this Waiver and Release of Claims. I intend that this Waiver and Release of Claims become a binding agreement by and between me and the Company if I do not revoke my acceptance within seven (7) days. _______________________________ Name: Xxxxxxx X. Xxxxxxxx Dated: October ___, 2017

Waiver and Release of Claims. 1Borrower represents to the Bank that it has no defenses, setoffs, claims or counterclaims of any kind or nature whatsoever against the Bank, including without limitation, defenses, setoffs, claims or counterclaims in connection with the Bonds, the Indenture, the Letter of Credit, the Reimbursement Agreement, any of the Operative Documents, any of the Restructure Documents, the ISDA Master Agreement between Borrower and Bank dated July 13, 2001 and all Schedules thereto (the "Swap Agreement"), the Forbearance Agreements or any action taken or not taken by the Bank with respect to the Borrower, any such documents, or any accounts of the Borrower with the Bank. In Without limiting the generality of the foregoing, and in consideration of the payments and benefits to be made under the Separation and Consulting AgreementBank's agreements hereunder, dated as of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee and the Companies, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does Borrower hereby release, remise, acquit releases and forever discharge discharges the Companies Bank, its affiliates and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, employees, attorneys, employees insurers, successors and employee benefit plans assigns (and collectively the fiduciaries thereof"Released Parties"), from and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from against any and all liabilities, rights, claims, actionslosses, expenses or causes of action whatsoever, known or unknown, including without limitation all liabilities, rights, claims, losses, expenses or causes of action, arising out of any action or inaction by any of the Released Parties to the date hereof with respect to the Bonds, the Indenture, the Letter of Credit, the Reimbursement Agreement, any of the Operative Documents, this Agreement, the Swap Agreement, the Forbearance Agreements, no matter in any way related thereto or arising in conjunction therewith. The Borrower also waives, releases and forever discharges the Released Parties and each of them from and against any and all known or unknown rights to setoff, defenses, claims, counterclaims, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Employee, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior other bar to the date hereofenforcement of this Agreement, against any Company Released Party in any capacitythe Bonds, includingthe Indenture, without limitationthe Letter of Credit, the Reimbursement Agreement, any and all claims (i) arising out of or in any way connected with the Employee’s service to any member of the Company Affiliated Group (or Operative Documents, any of the predecessors thereof) in any capacityRestructure Documents, the Swap Agreement, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:Forbearance Agreements.

Waiver and Release of Claims. 1. In consideration (a) Effective as of the payments Closing, each Stockholder, for and benefits to be made under the Separation and Consulting Agreement, dated as on behalf of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), itself and its wholly owned subsidiariesAffiliates, Pregis Holding II Corporationheirs, a Delaware corporation (“Pregis II”)estates, Pregis Corporationbeneficiaries, a Delaware corporation (“Pregis”)personal representatives, Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.)managed trusts, a Delaware corporation (“Pregis Packaging”), successors and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) assigns (each of the Employee and the Companies, a “PartyReleasor” and collectively, the “Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated GroupReleasors”), hereby unconditionally and irrevocably releases the Company, the Surviving Corporation, Parent or their present respective Affiliates, successors and former officerspermitted assigns (such released Persons, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and ) from any and all claims, actions, causes of action, charges, claims (including any derivative claims), complaints, chargescounterclaims, demandscontracts, rightscosts, damages, debts, defenses, demands, duties, expenses, fees, injuries, interest, judgments, liabilities, accounts, losses, obligations, penalties, promises, reimbursements, remedies, rights, sums of money, accounts, financial obligations, suits, expensesand torts, attorneys’ fees covenants, damages disputes and liabilities Losses of whatever any kind or nature in character whatsoever, based upon any fact or circumstance, whether at law, in equity or otherwise, whether accrueddirect or indirect, absolute, fixed or contingent, unliquidated foreseeable or otherwise and whether now unforeseeable, liquidated or unliquidated, known or unknown, matured or unmatured, absolute or contingent, determined or determinable, suspected or unsuspectedunsuspected and whether or not concealed or hidden, which the Employeearising from any matter, individually cause or as a member of a class, now has, owns or holds, or has thing whatsoever occurring at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party in any capacityClosing Date, including, without limitation, in connection with any direct or indirect equity or ownership interest in any of the Released Parties or service as a director, officer, partner, trustee, employee, or agent and all claims waives any right or claim of indemnification that he may have for acts or omissions occurring prior to the Effective Time against the Released Parties whether by statute, Contract, Organizational Document, or otherwise (collectively, a “Released Claim”); provided, that the foregoing shall not release the Released Parties (i) arising out of from obligations under this Agreement or in any way connected with the Employee’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacityRelated Agreement, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, with respect to any base salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII that shall have accrued since the end of the Civil Rights Act of 1964 last pay period ending prior to the date hereof (“Title VIIAllowed Claims”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:.

Waiver and Release of Claims. 1. In consideration of the payments and benefits to be made under the Separation and Consulting Agreement, dated as of November 30February 25, 2005 2011 to which Xxxxxxx X. XxXxxxxxx (the “Separation AgreementXx. XxXxxxxxx”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis Holding I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis Holding II”), and Pregis Corporation, a Delaware corporation Corporation (the “Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,Company” and together with Pregis I, Pregis Holding I and Holding II, Pregis and Pregis Packaging, the “Companies”) are parties (each of the Employee and the Companies, a “Party” and collectively, the “PartiesSeparation Agreement”) are parties), the sufficiency of which the Employee acknowledges, the EmployeeXx. XxXxxxxxx, with the intention of binding himself and himself, his heirs, executors, administrators and assigns, does hereby release, remise, acquit release and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”)Companies, their present and former officersaffiliates, stockholders, subsidiaries, directors, executivesofficers and employees, shareholdersand any affiliates, agents, attorneysrepresentatives, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors successors and assigns of each any of the foregoing, and directors and officers of the foregoing (collectively, collectively referred to as the “Company Released PartiesReleasees”), of and from any and all obligations, liabilities, damages, costs, claims, actions, causes of action, complaints, charges, demandsor causes of action in law or equity that Xx. XxXxxxxxx or his heirs, rightsadministrators, damagessuccessors, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity assigns may now have or otherwisemay ever have against any Releasee, whether accrued, absolute, contingent, unliquidated or otherwise otherwise, and whether now known or unknown, suspected or unsuspectedunknown on the date hereof, which the Employee, individually have or as a member may have arisen out of a class, now has, owns any act or holdsomission occurring, or has at any time heretofore hadstate of facts existing, owned or held, arising on or prior to the date hereofof execution of this Agreement (collectively “Claims”), against any Company Released Party in any capacity, including, without limitation, any and all claims including but not limited to (i) arising out of or Claims in any way connected related to Xx. XxXxxxxxx’x employment with the Employee’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, Companies or the termination of such service in any such capacity, that employment and (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable Claims based on federal, state or local statutelaw or regulation or the common law, provision, order or regulation, and including, without limitation, including but not limited to Claims in any claim under way related to Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, the Civil Illinois Human Rights Act of 1988Act, the Equal Pay Act, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”)Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)amended, the Age Discrimination in Employment Act Act, all applicable state and local labor and employment laws (“ADEA”including all laws concerning discrimination, unlawful and unfair labor and employment practices), the Illinois Human Rights Actbreach of contract, and any similar wrongful discharge, defamation or analogous state statuteintentional infliction of emotional distress, excepting only:

Waiver and Release of Claims. 1. In consideration of Lender’s agreement to accept the payments Discounted Payoff Amount in full satisfaction of the Loans in accordance with the terms hereof, each Borrower Party, for itself and benefits to be made under the Separation for and Consulting Agreement, dated as on behalf of November 30, 2005 (the “Separation Agreement”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”), and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee its past, present and the Companies, a “Party” and collectively, the “Parties”future direct or indirect related entities (whether or not such entities are wholly owned) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”)past, their present and former future officers, directors, executivesshareholders, shareholdersmembers, partners, trustees, agents, attorneysemployees, employees shareholders and employee benefit plans attorneys (as well as their predecessors, successors and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing assigns) (collectively, the “Company Released Releasing Parties”), hereby forever releases, waives, remises, acquits and discharges Lender and any and all of its divisions, subsidiaries, parents, affiliates and other direct or indirect related entities (whether or not such entities are wholly-owned) and each of its past, present and future directors, trustees, fiduciaries, administrators, officers, agents, employees, shareholders and attorneys (as well as their predecessors, successors and assigns) (collectively, the “Released Parties”) of and from any and all claims, manner of actions, causes of action, complaintsclaims, chargesclaims of usury, suits, bonds, bills, covenants, controversies, agreements, promises, trespasses, damages (whether general, special or punitive), judgments, executions, demands, rightsindebtedness (either as principal obligor or as surety or other accommodation party), damagesliabilities, debts, sums of money, accounts, financial obligations, suitscosts, expenseslosses, attorneys’ fees and liabilities expenses (whether or not litigation is commenced), liens and indemnities of whatever every kind or and nature in law, equity or otherwisewhatsoever, whether accrued, absolute, fixed or contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, foreseen or unforeseen and whether based on contract, tort, statute or other legal or equitable theory of recovery (collectively, “Claims”) which the EmployeeReleasing Parties, individually or as a member any of a classthem, now hashave, owns or holdsever had, or has hereafter can, shall or may have, or may hereafter assert, or which may hereafter arise against one or more of the Released Parties for or by reason of any Claims arising or accruing at any time heretofore had, owned or held, arising on or prior to the date hereofhereof in connection with, against any Company Released Party arising out of, or to arise or accrue hereafter in connection with, or in any capacityway relating, includingdirectly or indirectly, without limitationto the following: (a) the Loans, (b) the Loan Documents and/or the Junior A Mezzanine Loan Documents, (c) the Property, (d) any matters pertaining to any of the discussions, communications, correspondence, negotiations or dealings among the Releasing Parties and all claims the Released Parties relating to the Loans, (ie) the lender-borrower relationship created by the Loans and evidenced by the Loan Documents and/or the Junior A Mezzanine Loan Documents, and (f) any matters arising out of or in any way connected with the Employee’s service relating to any member of the Company Affiliated Group (or foregoing; provided, however, that the predecessors thereof) in Claims released pursuant to this Section 3.2 shall not include any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination Claim arising from Lender’s obligations under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:this Agreement.

Waiver and Release of Claims. 1. In consideration (a) Each Seller, for itself and on behalf of (A) its successors, assigns, heirs, beneficiaries, estates, executors, administrators or trustees and (B) to the payments extent permitted under Applicable Law, its current and benefits to be made under the Separation former officers and Consulting Agreementdirectors (collectively, dated as of November 30, 2005 (the “Separation AgreementRelevant Persons”), to which Xxxxx X. Xxxxxx (hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Purchaser and the “Employee”) and Pregis Holding I Corporation, a Delaware corporation (“Pregis I”)Company, and its wholly owned subsidiaries, Pregis Holding II Corporation, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”), and Hexacomb Corporation, an Illinois corporation (“Hexacomb,” and together with Pregis I, Pregis II, Pregis and Pregis Packaging, the “Companies”) (each of the Employee their respective officers, directors, employees, agents, divisions, affiliated corporations, affiliated non-corporation entities, representatives, successors, predecessors and the Companies, a “Party” assigns (individually and collectively, the “Released Parties”) are parties, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claimspast, present and future debts, losses, costs, bonds, suits, actions, causes of action, complaintsLiabilities, chargescontributions, demandsattorneys’ fees, rightsinterest, damages, debts, sums of money, accounts, financial obligations, suitspunitive damages, expenses, attorneys’ fees and liabilities of whatever kind claims, potential claims, counterclaims, cross-claims, or nature demands, in lawlaw or in equity, equity asserted or otherwiseunasserted, whether accruedexpress or implied, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected matured or unsuspectedunmatured, which contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the EmployeeRelevant Persons had, individually presently has or as a member may hereafter have or claim or assert to have against any of a classthe Released Parties by reason of any act, now hasomission, owns transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or holds, thing that has occurred or has existed at any time heretofore hadfrom the beginning of time up to and including the Closing, owned that in any way arise from or heldout of, arising on are based upon or prior relate to (i) such Relevant Person’s or Relevant Persons’, as applicable, ownership or purported ownership of any Interest or (ii) the negotiation or execution of this Agreement or any agreement, instrument, certificate or document delivered and/or executed pursuant to Section 1.2 or the consummation of the Purchase, except for such Relevant Person’s or Relevant Persons’, as applicable, rights under this Agreement, the Escrow Agreement, and such other instruments and agreements as may be executed by and between such Relevant Person and Purchaser or any of its Affiliates in connection with the Purchase (after taking into account such exceptions, the “Seller Claims”). This release is intended to be complete, global and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the date hereofmatters described herein. With respect to such Seller Claims, against any Company Released Party in any capacity, including, without limitation, each Seller hereby expressly waives any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims (i) arising out that the claimant does not know or suspect to exist in his, her or its favor at the time of executing the release, which if known by it must have materially affected his, her or in any way connected its settlement with the Employee’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Act, and any similar or analogous state statute, excepting only:released party.

Waiver and Release of Claims. 1. In consideration of the payments and benefits for allowing Athlete to be made under the Separation and Consulting Agreement, dated as of November 30, 2005 become a participant in TriLife Coaching training program (the “Separation AgreementProgram”), to which Xxxxx X. Xxxxxx (the “Employee”) and Pregis Holding I CorporationAthlete hereby knowingly, a Delaware corporation (“Pregis I”)voluntarily, unconditionally, irrevocably, and its wholly owned subsidiariesforever releases, Pregis Holding II Corporationwaives, a Delaware corporation (“Pregis II”), Pregis Corporation, a Delaware corporation (“Pregis”), Pregis Innovative Packaging Inc. (f/k/a Pactiv Protective Packaging Inc.), a Delaware corporation (“Pregis Packaging”)discharges, and Hexacomb Corporationcovenants not to xxx TriLife Coaching Inc., an Illinois corporation (“Hexacomb,” Xxxxx Xxxxxxx, Xxxx Xxxxxxxx, and together with Pregis Iany other owners, Pregis IIassociates, Pregis and Pregis Packagingassistants, the “Companies”) (each of the Employee and the Companiesadministrators, a “Party” and collectivelydesignees, the “Parties”) are partieslicensees, the sufficiency of which the Employee acknowledges, the Employee, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executivesemployees, shareholderscontractors (and all employees of such contractors), representatives, agents, attorneyssponsors, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing or other personnel (collectively, the “Company Released PartiesReleasees”), on behalf of themselves, executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or xxx on his/her/their behalf; for, of, and from any and all claims, suits, actions, causes of action, complaints, chargesliabilities, demands, rights, damages, losses, judgments, debts, dues, payments, sums of money, liens, executions, responsibilities and accounts, financial obligationscosts, suits, or expenses, attorneys’ fees and liabilities of whatever kind any nature whatsoever, including in law or nature in lawequity, equity contingent or otherwise, whether accrued, absolute, non-contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, foreseen or unforeseen, matured or unmatured, accrued or unaccrued, asserted or unasserted, liquidated or unliquidated, whether past, present, or future, in any way relating to or arising from Athlete’s enrollment in or participation with TriLife (“Claims”), even if the risks and liabilities that Athlete is releasing by this Agreement arise (A) out of the ordinary negligence or carelessness, whether active or passive, of one or more of the Releasees, or (B) from any hidden, latent, or obvious defects in any of the facilities or equipment used, of one or more of the Releasees, which the Employee, individually or as a member of a class, now Athlete has, owns owns, or holds, either now or has at any time heretofore had, owned or held, arising on or prior to the date hereoftime, against any Company Released Party in any capacity, including, without limitation, any and all claims (i) arising out of or in any way connected with the Employee’s service to any member Releasees. Without limiting the generality of the Company Affiliated Group foregoing, this waiver and release includes, but is not limited to, (or the predecessors thereof1) in any capacityClaims relating to personal injury, illness, or the termination of such service in any such capacitydeath; (2) damage to, (ii) for severance or vacation benefitsloss or theft of, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws property (including, without limitationbut not limited to, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federalpersonal items, state or local statutecars, provision, order or regulationbikes, and includingmoney); (3) the receipt of medical care or treatment for any physical or mental condition (which shall be at Athlete’s sole cost); (4) use of facilities, without limitationservices, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), the Illinois Human Rights Actpremises, and any similar or analogous state statute, excepting only:equipment; (5) exposure to inclement weather; and