Jonathan Halkyard (Participant) and Extended Stay America, Inc. (the Company), for and in consideration of the payments and benefits that Participant shall receive under the Extended Stay America, Inc. Executive Severance Plan (the Plan), and in consideration of the mutual consideration contained in the Plan and acknowledged by the Participant in the Participation Agreement to the Plan, Participant and the Company hereby execute the following General Release (Release) and agree as follows (capitalized terms not defined below shall have the meaning set forth in the Plan):
1. Participant, on behalf of Participant, Participants agents, assignees, attorneys, successors, assigns, heirs and executors, to, and Participant does hereby fully and completely forever release each of the Company and those parties for which Participant has provided services in connection with his or her employment by the Company, including without limitation, their respective Affiliates, predecessors and successors and all of their respective past and/or present officers, directors, partners, members, managing members, managers, executives, agents, representatives, administrators, attorneys, insurers and fiduciaries in their individual and/or representative capacities (hereinafter collectively referred to as the Released Parties), from any and all causes of action, suits, agreements, promises, damages, disputes, controversies, contentions, differences, judgments, claims, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, variances, trespasses, extents, executions and demands of any kind whatsoever, which Participant or Participants heirs, executors, administrators, successors and assigns ever had, now have or may have against the Released Parties or any of them, in law, admiralty or equity, whether known or unknown to Participant, for, upon, or by reason of, any matter, action, omission, course or thing whatsoever occurring up to the date this Release is signed by Participant, including, without limitation, in connection with or in relationship to Participants employment or other service relationship with the Company or its respective Affiliates, the termination of any such employment or service relationship and any applicable employment, compensatory or equity arrangement with the Company or its respective Affiliates (such released claims are collectively referred to herein as the Released Claims).
2. The Released Claims include, without limitation, (i) any and all claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1971, the Civil Rights Act of 1991, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993, and any and all other federal, state or local laws, statutes, rules and regulations pertaining to employment or otherwise, and (ii) any claims for wrongful discharge, breach of contract, fraud, misrepresentation or any compensation claims, or any other claims under any statute, rule, regulation or under the common law, including compensatory damages, punitive damages, attorneys fees, costs, expenses and all claims for any other type of damage or relief. The Released Claims shall not include any claims (i) to entitlements under the Plan, (ii) for indemnification, advancement of expenses and other right to benefit from the exculpatory provisions pursuant under the organizational documents of the Company or any indemnification agreement with Participant, (iii) any right to accrued salary or vacation, or entitlements under any employee benefit plan maintained by the Company, (iv) with respect to Participants rights in his capacity as an equity holder of the Company and its Affiliates, and to payments or benefits under any equity award agreement between the undersigned and the Company, (v) for workers compensation or unemployment benefits, (vi) to bring to the attention of the Equal Employment Opportunity claims of discrimination, harassment or retaliation; provided, however, that Participant does release Participants right to secure damages for any alleged discriminatory, harassing or retaliatory treatment or (vii) to assert any other rights that may not be waived by an employee under applicable law.