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(b) This release includes, but is not limited to, any waivable claims the Executive has against the Company Releasees based on conduct that occurred any time in the past and up to and through the date she signs this Transition Agreement that arise from any federal, state or local law, regulation, code, constitution or common law, including claims dealing with either employment, employment benefits or employment discrimination. By way of example, this release includes the release of claims against the Company Releasees under the laws or regulations concerning retaliation or discrimination on the basis of race, color, creed, religion, age, sex, sex harassment, sexual orientation, gender identity, national origin, ancestry, genetic carrier status, handicap or disability, veteran status, any military service or application for military service, or any other category protected under federal, state or local law. This release also includes any claim the Executive may have against the Company Releasees relating to her employment by and the decision to transition the Executives employment; any claims for violation of public policy; any claims for breach of contract, whether oral or written, express or implied; any tort claims (such as claims for wrongful discharge, tortious interference with advantageous relations, misrepresentation, infliction of emotional distress and defamation); any claims for equity or employee benefits of any other kind; or any other legally waivable statutory and/or common law claims. The Executive acknowledges that the transition of her employment in accordance with this Transition Agreement shall not give rise to claims. As a material inducement to the Company entering into this Transition Agreement, the Executive represents that she has not assigned any claim to any third party.
(c) For avoidance of doubt, by signing this Transition Agreement the Executive agrees not to bring any waivable claims against the Company Releasees (other than as permitted in Section 8(e) below) under the following nonexclusive list of discrimination and employment statutes: Title VII of the Civil Rights Act of 1964 (Title VII), The Americans With Disabilities Act (ADA), The ADA Amendments Act, The Equal Pay Act (EPA), The Lilly Ledbetter Fair Pay Act, the Family and Medical Leave Act (FMLA), The Age Discrimination in Employment Act of 1967, as amended by The Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act (WARN), The Genetic Information Non-Discrimination Act (GINA), The Employee Retirement Income Security Act (ERISA), The Massachusetts Fair Employment Practices Act (M.G.L. ch. 151B), The Massachusetts Equal Rights Act, The Massachusetts Equal Pay Act, the Massachusetts Privacy Statute, The Massachusetts Sick Leave Law, The Massachusetts Paid Family and Medical Leave Act, The Massachusetts Civil Rights Act, all as amended, as well as any other federal, state and local statutes, regulations, codes or ordinances that apply to the Executive.
(d) The Executive releases the Company Releasees from any and all wage and hour related claims to the maximum extent permitted by federal and state law. This release of legal claims includes any federal and state wage and hour related claims arising out of or in any way connected with the Executives employment with the Company, including the Massachusetts Payment of Wages Act (Massachusetts General Laws Chapter 149 section 148 and 150), the Massachusetts Overtime regulations (Massachusetts General Laws Chapter 151 section 1A and 1B), the Massachusetts Meal Break regulations (Massachusetts General Laws Chapter 149 sections 100 and 101) and any other claims under any federal or state law for unpaid or delayed payment of wages, overtime, bonuses, commissions, stock, stock options, vacation pay, incentive payments or severance, missed or interrupted meal periods, interest, attorneys fees, costs, expenses, liquidated damages, treble damages or damages of any kind to the maximum extent permitted by law. The Executive acknowledges that as of the Companys most recent payroll payment of salary to the Executive, the Executive was fully paid for all salary then due to her.
(e) This release does not include any claim under the workers compensation or unemployment compensation statutes, and does not apply to any claims by the Executive to enforce her rights under this Transition Agreement or to any claims in respect of any equity interests that the Executive continues to hold following the date hereof. Also, this Transition Agreement is not intended to affect the rights and responsibilities of government agencies such as the Equal Employment Opportunity Commission (the EEOC), the National Labor Relations Board (the NLRB), or any other federal, state or local agency, to enforce the laws within their jurisdiction. This means that by signing this Transition Agreement the Executive may still exercise her protected right to (i) file a charge with, or participate in an investigation or proceeding conducted by, the EEOC, the NLRB, or any other federal, state or local government entity and (ii) exercise her rights under Section 7 of the National Labor Relations Act to engage in joint activity with other employees. Notwithstanding the foregoing, the Executive agrees that (x) if she files a charge with the EEOC, the NLRB, or any other federal, state or local government entity or (y)