5. Release. For and in consideration of the Retention Payments and the Retention Benefits, the sufficiency of which is hereby acknowledged, Employee agrees, represents, and promises as follows:
For Employee, Employees heirs, and executors, Employee irrevocably and unconditionally releases and forever discharges to the fullest extent permitted by law, individually and collectively, the Company, and each of its present and former owners, shareholders, officers, directors, board members, employees, representatives, agents, predecessors, successors, affiliates, subsidiaries, assigns, parent companies, sister companies, any employee benefit plans sponsored or administered by them, and all persons acting by, through, or in concert with them (all hereinafter collectively referred to as Released Parties), of and from any and all charges, claims, complaints, demands, liabilities, causes of action, losses, costs, or expenses of any kind whatsoever (including related attorneys fees and costs), known or unknown, suspected or unsuspected, that Employee may now have, has ever had, or may have in the future against any one or all of the Released Parties by reason of any act, omission, transaction, or event occurring up to and including the date of this Agreement, including, but not limited to, claims under the Age Discrimination in Employment Act of 1967 (ADEA), Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Post Civil War Civil Rights Act (42 U.S.C. §§ 1981-88), the Equal Pay Act of 1963, the Occupational Safety and Health Act, the Family and Medical Leave Act of 1993, the Worker Adjustment and Retraining Notification Act of 1988, the Sarbanes-Oxley Act of 2002, the Genetic Information Nondiscrimination Act of 2008, the North Carolina Retaliatory Employment Discrimination Act (N.C. Gen. Stat. §§ 95-240 95-245), the North Carolina Wage & Hour Act (N.C. Gen. Stat. §§ 95-25.1 95-25.25), the United States Constitution and the North Carolina Constitution, all as amended, as well as any other federal, state, or local claim or law relating to wrongful discharge, emotional distress, employment discrimination, harassment, hostile work environment, retaliation, or any claims for breach of contract. Employee understands that by signing this Agreement and accepting the sums of money and benefits described in this Agreement, Employee is waiving his/her right to pursue any and all claims against any of the Released Parties for back pay, severance pay (other than as expressly promised in this agreement), liquidated damages, compensatory damages, punitive damages, or any other losses or other damages to Employee or Employees property resulting from any claimed violation of local, state, or federal law or ordinance, including, for example (but not limited to), claims relating to Employees employment or the termination of employment or breach of any employment agreement.
Employee expressly waives all claims, including those which Employee does not know or suspect to exist in Employees favor as of the date of this Agreement. As used herein, the word claims does not include Nonwaivable Claims or Benefit Claims (as defined below), but does include all actions, claims, and grievances, whether actual or potential, known or unknown, and specifically, but not exclusively, including all claims against the Company or any one or all of the Released Parties arising from or relating to Employees employment with the Company, the termination thereof or any other conduct by the Company or any of the Released Parties occurring on or before the date Employee signs this Agreement. All such claims are forever barred by this
3 of 14