date that is ninety (90) calendar days following the applicable vesting date. Any vested and exercisable stock options held by you as of the Separation Date will remain exercisable until the date that is ninety (90) calendar days following the Separation Date pursuant to the terms set forth in the underlying option agreement evidencing such stock options.
5. OTHER EQUITY AWARDS. The Parties acknowledge and agree that, with respect to the grant of PSUs made on February 23, 2016, all of the then-outstanding PSUs under such grant will be forfeited for no consideration on the Separation Date.
6. RELEASE AND WAIVER.
a. You hereby forever release and discharge the Company and its parents, and their Affiliates, successors, and assigns, as well as each of their past and present officers, directors, employees, agents, attorneys, and stockholders (collectively, the Company Released Parties), from any and all claims, charges, complaints, liens, demands, causes of action, obligations, damages, and liabilities, known or unknown, suspected or unsuspected, that you had, now have, or may hereafter claim to have against the Company Released Parties arising out of, or relating in any way to, (i) any act or omission from the beginning of time to the Execution Date, including, without limitation, any and all claims or causes of action for wrongful termination, breach of an express or implied contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, fraud, misrepresentation, defamation, slander, infliction of emotional distress, disability, loss of future earnings, and any claims under any applicable state, federal, or local statutes and regulations, including, but not limited to, the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, as amended, the Fair Labor Standards Act, as amended, the Americans with Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Fair Credit Reporting Act, Section 806 of the Sarbanes-Oxley Act, the Dodd-Frank Act, the Family and Medical Leave Act, as amended, and the Nebraska Fair Employment Practice Act (Neb. Rev. St. §§ 48-1101 to 48-1125); the Nebraska Age Discrimination in Employment Act (Neb. Rev. St. §§ 48-1001 to 48-1010); the Nebraska Wage Payment and Collection Act (Neb. Rev. St. §§ 48-1228 to 48-1234); Nebraskas privacy laws (Neb. Rev. St. §§ 20-201 to 20-211 and 25-840.01); Nebraskas drug testing laws (Neb. Rev. St. §§ 48-1901 to 48-1910); Nebraskas military leave laws (Neb. Rev. St. §§ 55-160 to 55-166 and 55-501 to 55-507); Nebraska laws related to equal pay (Neb. Rev. St. §§ 48-1219 to 48-1227.01); and Nebraska leave laws (Neb. Rev. St. §§ 25-1640, 32-922, 48-234, 32-241, and 35-1403 to 35-1405), (ii) your employment prior to the Execution Date or the termination of your employment from the Company or (iii) any arrangement or understanding, including the Employment Agreement, between you and the Company; provided, however, that this Release does not waive, release or otherwise discharge (A) any claim or cause of action arising from a breach by the Company of this Agreement or that cannot legally be waived, including, but not limited to, any claim for unpaid wages, workers compensation benefits, unemployment benefits or (B) any rights to indemnification under the indemnification agreement between you and the Company, dated March 11, 2009 (the Indemnification Agreement) or applicable law (the Excluded Claims).