Common use of Full and Final Release Clause in Contracts

Full and Final Release. In consideration of the Separation Benefits provided to Employee pursuant to the Separation Agreement and/or the Release Agreement, Employee, for Employee, Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Released Parties of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring on or after the date Employee signed the Release Agreement through the execution date of this Supplemental Release. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the ▇▇▇▇▇▇▇▇▇ Fair Pay Act, the Genetic Information Nondiscrimination Act of 2008, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Supplemental Release is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Supplemental Release, and that this Supplemental Release contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Supplemental Release; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Supplemental Release is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Supplemental Release shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plans.

Full and Final Release. In consideration of the Separation Benefits benefits provided to Employee pursuant to by the Separation Agreement and/or the Release AgreementCompany, Employee, for Employee, Employee personally and Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliates, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the “Released Parties Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions 1omissions occurring on or after through the date Employee signed the Release Agreement through the execution date of signs this Supplemental ReleaseAgreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Age Discrimination in Employment Act, including the Uniformed Services Employment and Reemployment Rights Act (USERRA), amendments provided by the ▇▇▇▇▇▇▇▇▇ Fair Pay Older Workers Benefits Protection Act, the Genetic Information Nondiscrimination Act of 2008, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for alleged tort, contract, or wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Supplemental Release is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Supplemental Release, and that this Supplemental Release contemplates the extinguishment of any such claims. The above release does not waive any claims (i) for unemployment or workers’ compensation benefits, (ii) for vested rights or claims under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that (a) may arise after the date on Employee signs this Agreement, and (iv) which Employee executes this Supplemental Release; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to by private agreement. Nothing in this Agreement prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by a Government Agency for providing information. In additionany federal, nothing in this Supplemental Release is intended to waive any vested right that Employee may have under any pension, 401(k) plan state or other benefit plan provided by local agency charged with the Released Parties, and nothing in this Supplemental Release shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result enforcement of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which employment laws, although by signing this release Employee is entitled under waiving rights to individual relief based on claims asserted in such a charge or complaint, except charges before the Company’s employee benefit plansNational Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Full and Final Release. In consideration of the Separation Benefits benefits being provided to Employee pursuant to the Separation Agreement and/or the Release Agreementher above, EmployeeExecutive, for Employeeherself, Employee’s her attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges BioAtla, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, stockholders, directors, agents, representatives, attorneys and employees (all of whom are referred to throughout this Release as “BioAtla” or the Released Parties “Company”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring on or after the date Employee signed the Release Agreement through the execution date of this Supplemental ReleaseSeparation Date. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims discrimination under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Civil Rights Act of 1866 (FMLA42 U.S.C. § 1981), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the ▇▇▇▇▇▇▇▇▇ Fair Pay Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008California Fair Employment and Housing Act, the Internal Revenue Code (IRC)California Family Rights Act, the US tax code, the Employee Retirement Income Security Act (ERISA)The New Parent Leave Act, any other federal, state or local statute, rule, ordinance, ordinance or regulationregulation (including the California Labor Code and the California Business and Professions Code), as well as any claims for alleged failure to pay all wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation, wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, fraud or any other unlawful behavior, the existence of which is specifically denied by BioAtla. Executive also agrees not to participate in any class, collective, representative, or group action that may include any of the Released Parties. Notwithstanding the provisions claims released above, and will affirmatively opt out of any lawsuch class, and for the purpose of implementing a full and complete release and discharge of the Released Partiescollective, Employee expressly acknowledges that representative or group action. Nothing in this Supplemental Release Release, however, is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employeewaive Executive’s favor at the time Employee executes (i) rights under this Supplemental Release, and that this Supplemental Release contemplates (ii) entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by BioAtla or (iii) to Executive’s existing rights to indemnification. Finally, the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after Executive could make, if 4152-0071-9404.1 available, for unemployment or worker’s compensation, and the date on release also excludes any other claim which Employee executes this Supplemental Release; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Supplemental Release is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Supplemental Release shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansprivate agreement.