Employee’s Release. 2.1. Employee hereby fully and forever releases and discharges the Company, its
parent parents and
subsidiary corporations subsidiaries and each of their
respective predecessors, successors, assigns, stockholders, affiliates, officers, directors, trustees,
employee benefit plans and their administrators and fiduciaries, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a "Released Person") from any and all claims,
demands, liens, agre...ements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity equity, or otherwise, otherwise (collectively, "Claims"), whether known or unknown, arising through the date of this Release out of of, or in any way related to, Employee's employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state state, or local statute, ordinance ordinance, or regulation regarding discrimination in employment employment, and any claims, demands demands, or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. 2.2. Employee expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that he has not assigned any claim Claim against a Released Person. Employee further promises not to initiate a lawsuit or to bring any other claim Claim against the other any Released Person arising out of or in any way related to Employee's employment by the Company or the termination of that employment. This Release will not prevent Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims Claims by Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. 2.3. The foregoing will not be deemed to release the Company from (a) claims solely to enforce the terms of this Release (including claims under Section 1.3 of the Release, 1.2), (b) claims for benefits (not including severance benefits), if any, benefits) under the Company's employee welfare benefit plans and employee pension benefit plans, subject to the terms and conditions of those plans, or (c) claims for defense and indemnification under the Company's By-Laws or policies of insurance. 3 3. Restrictive Covenants. Employee acknowledges that his covenants contained in Section 8 of the Agreement will survive the termination of his employment in accordance with their terms, and for this purpose, such termination of employment will be treated as a resignation without "good reason" (as defined in the Agreement). Employee affirms that those covenants are reasonable and necessary to protect the legitimate interests of the Company, that he received adequate consideration in exchange for agreeing to those restrictions, and that he will abide by those restrictions. Employee expressly and specifically acknowledges that he will fully comply with Section 12 of the Agreement, which requires Employee to promptly return to the Company as of the Effective Time all documents and other property in his possession belonging to the Company.
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