amount of any pre-payment by the Company of the Performance Bonus, regardless of when paid (the Prepayment Amount). For the avoidance of doubt, if the Prepayment Amount exceeds the Performance Bonus, then the Consultant hereby agrees to pay to the Company the amount by which the Prepayment Amount exceeds the Performance Bonus.
(d) While on the Companys premises or using the Companys property or equipment, the Consultant shall comply with all applicable policies of the Company relating to business and office conduct, health and safety, and use of the Companys facilities, supplies, information technology, equipment, networks, and other resources.
The EECA shall terminate and be of no further force or effect from and after the Separation Date, other than the provisions set forth in Sections 10.1, 10.3, 10.4, 11.3, 11.5, 11.6, 11.7 and 11.8, which shall survive the termination of the EECA. The Consultant acknowledges and agrees that she will forfeit, and hereby waives, releases and relinquishes, any and all benefits and rights she may have under the EECA as of the Separation Date.
In consideration of the mutual promises and covenants contained in this Agreement and after adequate opportunity to consult with legal counsel:
(a) Except as provided for in subparts (f) and (g) below or as otherwise prohibited by law, the Consultant for herself and each of her respective heirs, representatives, agents, successors, and assigns, irrevocably and unconditionally releases and forever discharges the Company and its respective current and former officers, directors, shareholders, employees, representatives, attorneys, and agents, as well as its respective predecessors, parent companies, subsidiaries, Affiliates (as defined in Section 4(b)), divisions, successors, and assigns and its respective current and former officers, directors, shareholders, employees, representatives, attorneys, agents and their respective heirs (collectively the Released Parties), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings, or liabilities of whatever kind or character, which the Consultant may have against them, or any of them, by reason of or arising out of, touching upon, or concerning the Consultants prior employment with the Company or her separation from the Company that exist or may exist as of the date the Consultant signs this Agreement. The Consultant acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, expenses, severance pay, attorneys fees, or other compensation of any sort; defamation; unlawful effort to prevent employment; discrimination on the basis of race, color, sex, sexual orientation, national origin, ancestry, religion, age, disability, medical condition, or marital status; any claim under Title VII of the Civil Rights Act of 1964 (Title VII, as amended), 42 U.S.C. § 2000, et seq., the Civil Rights Act of 1991, the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), the Equal Pay Act, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Occupational Safety and Health Act (OSHA) or any other health and/or safety laws, statutes, or regulations, the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code of 1986, as amended; the Lilly Ledbetter Fair Pay Act of 2009, the Genetic Information and Nondiscrimination Act (GINA) and any and all other foreign, federal, state, or local laws, common law, or case law, including but not limited to all statutes, regulations, common law.