GENERAL RELEASE OF CLAIMS
This GENERAL RELEASE OF CLAIMS (this Agreement) is entered into on , 20, by and between Eagle Materials Inc., a Delaware corporation (the Company) and James H. Graass (Executive).
1. General Release and Waiver of Claims.
(a) Release. In consideration of the payments and benefits afforded under the Change in Control Continuity Agreement, dated as of June 20, 2019, by and between the Company and Executive (the CIC Agreement) as specified on Schedule I attached hereto, and after consultation with counsel, Executive and each of Executives respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the Releasors) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors and agents (Releasees) from any and all claims, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, Claims) that the Releasors may have arising out of Executives employment relationship with and service as an employee, officer or director of the Company and its subsidiaries and affiliates, and the termination of any such relationship or service, in each case up to and including Executives date of termination, including, without limitation, any and all Claims of discrimination on the basis of race, religion, sex, age, color, national origin, ancestry, disability, medical condition or marital status or other employment claims for injury to Executive including, but not limited to any Claim arising under any of the following: the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Older Worker Benefits Protection Act; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; the Equal Pay Act; the Genetic Information Nondiscrimination Act; Chapter 21 of the Texas Labor Code; the Texas Payday Act; the Texas Administrative Code; or any other similar local, state, or federal laws, in each case, as amended from time to time; provided, however, that notwithstanding anything contained herein to the contrary, this Agreement shall not affect: (i) the obligations of the Company set forth in the CIC Agreement, including without limitation under Sections 5, 6, 7, 8 and 11 of the CIC Agreement, or under any other benefit plan, agreement, arrangement or policy of the Company or its affiliates; (ii) any indemnification or similar rights Executive has as a current or former officer, director, employee or agent of the Company and its subsidiaries and affiliates, including, without limitation, any and all rights thereto under applicable law, the Companys bylaws or other governance documents, or any rights with respect to coverage under any directors and officers insurance policies and/or indemnification agreements; (iii) any Claim the Releasors may have as the holder or beneficial owners of securities of the Company or its affiliates or other rights relating to securities or equity awards in respect of the common stock of the Company or its affiliates; (iv) rights to accrued but unpaid salary, paid time off, vacation or other compensation due through the date of termination