Claims being released under this Severance Agreement include, but are not limited to, any and all claims against the Releasees arising under any federal, state, or local statutes, ordinances, resolutions, regulations, constitutional provisions and/or common law(s), from any and all actions, causes of action, lawsuits, debts, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages and expenses of any and every nature whatsoever, both legal and equitable, whether known or unknown, which Mr. Caudle had, has ever had, now has or may have against the Releasees as of the date of execution of this Agreement, including, but not limited to:
(i) any and all claims which were, or could have been, asserted in any lawsuit or administrative action or proceeding;
(ii) any and all claims arising out of Mr. Caudles employment by the Releasees and Mr. Caudles separation from that employment;
(iii) any and all claims of discrimination or retaliation arising under local, state or federal law including, but not limited to, Title VII of the Civil Rights Act of 1964; 42 U.S.C. §§ 1981,1981 A, 1983 and 1985; the Age Discrimination in Employment Act; the Americans With Disabilities Act; the Federal Rehabilitation Act of 1973; the Older Workers Benefit Protection Act; the Family and Medical Leave Act of 1993; the Genetic Information Nondiscrimination Act; the Employee Retirement Income Security Act of 1974; Executive Order 11246; the Tennessee Human Rights Act; each, as amended, and all other such similar statutes, city or county ordinances or resolutions and applicable anti-discrimination laws;
(iv) any and all tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage, and intentional or negligent infliction of emotional distress and outrage;
(v) any and all contract claims whether express or implied;
(vi) any and all claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except any vested retirement or pension benefits, if any, or as otherwise required by law or preserved in this Severance Agreement; and
(vii) any and all claims for attorneys fees, interest, costs, injunctive relief or reinstatement to which Mr. Caudle is, claims to be or may be, entitled.
8. Agreement Not to Sue: In consideration of the Companys promises, payments and other consideration contained herein, Mr. Caudle hereby further agrees that if any claim referenced herein is filed, pursued, or otherwise prosecuted by Mr. Caudle, individually or collectively, or by any persons or entities, by or through him or on his behalf, individually or collectively, Mr. Caudle waives his rights to relief from such claim, including the right to attorneys fees, costs and any and all other relief whether legal or equitable, sought in such claim, and agrees to indemnify and hold Releasees harmless from such claim, including attorneys fees and costs. If Mr. Caudle violates this Severance Agreement by suing the Bank or the Releasees, Mr. Caudle agrees that he will pay all costs and expenses of defending against the suit incurred by the Bank or the Releasees. Nothing in this Section 7 will prevent Mr. Caudle from bringing claims against the Bank arising out of a breach of this Agreement.