Common use of Executive’s Release Clause in Contracts

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective officers, directors, shareholders, executives, attorneys, agents successors and assigns, (collectively referred to as “Releasees,”) from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “Continuing Obligations”). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In Upon Executive’s signing of this Amendment, in consideration of for the benefits and severance pay described in Section 6(e) of the Employment Agreementherein, and the promisesfor other good and valuable consideration, covenants which are of greater value than Executive would normally be entitled upon retirement, Executive, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and other valuable consideration provided by Triad in this Agreementassigns, hereby forever releases Company and its Affiliates, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective officers, directors, trustees, owners, shareholders, executivesemployees, attorneyspartners, agents administrators, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, (collectively referred to as “Releasees,”) from any and all claims, causes of actiondemands, suits, actions, damages, losses, obligationsexpenses, liabilities, damages, judgments, costs, expenses (including attorney’s fees) charges or causes of action of any kind nature whatsoever, includingwhether known or unknown, but not limited torelating in any way to any act, disputes omission, event, relationship, conduct, policy or claims arising out of Executive’s hiringpractice prior to the Effective Date, employment or termination of such including without limitation his employment with Triad, or arising out of any act committed or omitted during or after Company and the existence of such employment relationship, including any disputes regarding compensationtermination thereof (“Claims”). This release includesincludes without limitation Claims for discrimination, but is not limited toharassment, all claims, whether arising retaliation or any other violation under the Age Discrimination in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited toEmployment Act, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Equal Pay Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act (or any similar state or local statute or law), the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, including the Corporate and Criminal Fraud Accountability Act, the Employee Retirement Income Security Act, claims the Fair Labor Standards Act, (or any other applicable federal, state or local statute relating to payment of wages), the District of Columbia Human Rights Act, the District of Columbia Family and Medical Leave Act, the District of Columbia Accrued Sick and Safe Leave Act, and any other Claims under all other federal, state or local laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distress, breach defamation, fraud, misrepresentation or any other personal injury; Claims for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and costs, Claims for reinstatement or employment; and all other Claims under any federal, state or local law or cause of express action. Executive represents that he has not filed or implied contract joined any such Claims, and he further agrees not to assert, file, or implied covenant of good faith join any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and fair dealing, as well as any expenses, costs or attorney’s fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive agreed that this release does not release his right apply to enforce the terms claims for breach of this Agreement, Claims for any vested benefits or the obligations to him under the Employment Agreement and Option Documents Claims that cannot be released by the terms thereof expressly continue after his employment ends (the “Continuing Obligations”)law. Executive hereby expressly agrees acknowledges that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries different or benefits which additional facts may be obtained on his behalf by any other person discovered in addition to what he now knows or agency or in any class action; provided that nothing in believes to be true with respect to the matters released herein, and this Agreement shall be construed and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different or additional facts. Notwithstanding anything to prohibit the contrary herein, Company shall not be released from any claims that cannot be released by law or any obligations it may have under this Agreement or the Indemnification Agreement between Company and Executive from challenging dated April 21, 2014 (the validity of this “Indemnification Agreement”), enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating which shall remain in any investigation or proceeding conducted by the Equal Employment Opportunity Commissionfull force and effect pursuant to its terms.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad Company in this Agreement, and subject theretoto fully compromise and settle any and all claims and causes of action of any kind whatsoever except as provided in this Agreement, Executive releases Triad hereby unconditionally release and any of discharge Company and its direct or indirect parentscurrent and former employees, predecessorsofficers, successorsagents, subsidiariesdirectors, shareholders and affiliates or related companies, and their respective current and former employees, officers, agents, directors, shareholders, executives, attorneys, agents successors shareholders and assigns, affiliates (collectively referred to as “Releasees,Company Released Parties”) from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s attorneys’ fees) of any kind nature whatsoever, known or unknown, contingent or non-contingent (collectively, “Claims”), that Executive has as of the date of this Agreement, including, but not limited to, disputes or claims those arising (i) out of Executive’s hiring, employment or employment, termination of such employment with TriadCompany or the Termination Agreements and (ii) under federal or state law, including, but not limited to, the Age Discrimination in Employment Act of 1967, 42 U.S.C. §§ 1981-1988, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the Workers Adjustment and Retraining Act, the Americans with Disabilities Act of 1990, the Texas Labor Code, the Texas Commission on Human Rights Act, the Texas Payday Act, Chapter 38 of the Texas Civil Practices and Remedies Code, and any provision of the state or arising out of any act committed federal Constitutions or omitted during or after the existence of such employment relationship, including any disputes regarding compensationTexas common law. This release includes, but is not limited to, any Claims Executive may have for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, overtime, and any other compensation or benefit of any nature. This release also includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, claims including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or contract, implied covenant of good faith and fair dealing, as well as any expensesintentional infliction of emotional distress, costs fraud, negligence, defamation, conspiracy, invasion of privacy, and/or tortious interference with current or attorney’s feesprospective business relationships. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triadany of the Company Released Parties. Except as specifically set forth in this Agreement, Executive also relinquishes any right to payment or benefits (other than vested rights) under any benefit plan maintained or previously or subsequently maintained by Company or any of the Released Parties or any of its or their respective predecessors or successors. However, Executive does not release (a) his right to enforce the terms of this Agreement, or the obligations to him (b) his rights under the Employment Indemnification Agreement effective as of June 1, 2005 between Executive and Option Documents Company (“Indemnification Agreement”), (c) his rights to indemnification or advancement of expenses under Company’s charter or by-laws or under any applicable policy (specifically including any applicable “directors and officers” insurance policy) of or maintained by Company that by is applicable to its directors or officers, and (d) his rights, if any, under each of the terms thereof expressly continue after his employment ends plans listed on Appendix A (collectively, such plans referred to as the “Continuing ObligationsCompensation Plans”). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective officers, directors, shareholders, executives, attorneys, agents successors and assigns, (collectively referred to as “"Releasees,”") from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s 's fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s 's hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s 's fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “"Continuing Obligations”"). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e8(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective organizations, officers, directors, shareholders, executivesExecutives, attorneys, agents successors and assignsagents, (collectively referred to as “"Releasees,”) " from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s 's fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s 's hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release Release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s 's fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “"Continuing Obligations”"). To the extent permitted by law, Executive hereby waives and releases any and all rights under Section 1542 of the California Civil Code or any analogous state, local, or federal law, statute, rule, order or regulation, Executive has or may have with respect tot the Released Parties. California Civil Code Section 1542 reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e8(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.