RELEASE AND WAIVER OF CLAIMS
This Release and Waiver of Claims (Release) is entered into and delivered to the Board of Directors of Diamond Offshore Drilling, Inc. (the Company), having an address at 15415 Katy Freeway, Suite 100, Houston, Texas 77094, as of , 2021, by [●] (Executive). Executive agrees as follows:
The employment relationship between Executive and the Company and its subsidiaries and affiliates (collectively, the Company) terminated on [●] (the Separation Date).
In consideration of the payments, rights and benefits provided for in the Separation Agreement by and between the Company and Executive, dated [●] (the Separation Agreement) that are conditioned upon the effectiveness of this Release, the sufficiency of which Executive hereby acknowledges (the Separation Terms), Executive, on behalf of himself and his agents, representatives, attorneys, administrators, heirs, executors and assigns (collectively, the Executive Releasing Parties), hereby releases and forever discharges the Company Released Parties (as defined below), from all claims, charges, causes of action, obligations, expenses, damages of any kind (including attorneys fees and costs actually incurred) or demands, in law or in equity, whether known or unknown, that may have existed or which may now exist from the beginning of time to the date of this Release, arising from or relating to Executives employment or termination from employment with the Company or otherwise, including a release of any rights or claims Executive may have under the Texas Labor Code (specifically including the Texas Payday Law, the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code, and the Texas Whistleblower Act) and amendments to those laws; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (ADEA); the Older Workers Benefit Protection Act; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Family and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974 (excluding COBRA); the Fair Labor Standards Act; the Equal Pay Act; the Fair Credit Reporting Act; the federal Worker Adjustment and Retraining Notification Act (WARN Act); the Family & Medical Leave Act; the Sarbanes-Oxley Act of 2002; the federal False Claims Act; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, regulation or common law relating to employment, wages, hours, or any other terms and conditions of employment. This includes a release by Executive of any and all claims or rights arising under contract (whether written or oral, express or implied), covenant, public policy, tort or otherwise. For purposes hereof, Company Released Parties shall mean the Company and its direct and indirect subsidiaries (collectively, the Company Group) and any of their respective past or present employees, agents, insurers, attorneys, administrators, officials, directors, shareholders, divisions, parents, members, subsidiaries, affiliates, predecessors, successors, employee benefit plans, and the sponsors, fiduciaries, or administrators of any Company Group employee benefit plans (but with respect to any agent, insurer, attorney, administrator or any individual only in its or his or her official capacity with the Company Group and not in any individual capacity unrelated to the business of the Company Group).