Common use of Release and Covenant Not to ▇▇▇ Clause in Contracts

Release and Covenant Not to ▇▇▇. 8.1. As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. As of (a) In exchange for BFTL’s agreement to provide the Settlement Effective DatePayments, the Plan Employee (subject to Independent Fiduciary approval as required by Paragraph 3.1)for himself, the Class Representativeshis attorneys, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) hereby releases and discharges BFTL, Parent, First Bank (whether directly or by reason of such entities’ succession to BFTL), and all subsidiary and/or affiliated companies of BFTL, Parent, First Bank as well as BFTL’s, Parent’s and First Bank’s respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, advisors and employees (all of whom are collectively referred to throughout this Agreement as the “Releasees”) from any and all claims, demands, and liabilities that Employee has ever had or now may have against the Releasees by reason of anything occurring, done or omitted to be done as of or prior to the effective time of this Agreement, both known and unknown, including, but not limited to, any and all claims, demands, and liabilities based on their own behalves and on behalf Employee’s employment with BFTL (collectively, the “Released Claims”). (b) Without limiting the generality of the Planpreceding paragraph, shall be deemed Employee acknowledges and agrees that the Released Claims include, but are not limited to: (i) any and all claims for additional compensation or benefits other than the compensation and benefits set forth in this Agreement, whether pursuant to have fullythe Prior Employment Agreement or otherwise, finallybut excluding Employee’s wages earned but not yet paid up to the Effective Time; (ii) any and all common law claims, including but not limited to wrongful discharge, breach of express or implied contract, breach of the implied covenant of good faith and fair dealing, negligent or intentional infliction of emotional distress, invasion of privacy, defamation, slander, libel, fraud, misrepresentation, violations of public policy, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to negligence under any application by Class Counsel for an award theory of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding recovery (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration negligent supervision or a proceeding before retention); and (iii) any and all claims arising under any state insurance or federal legislation, including, but not limited to, claims under the Age Discrimination in Employment Act of 1967; Title VII of the Civil Rights Act of 1964; Section 1981 of the Civil Rights Act of 1866; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991; the Genetic Information Non-Discrimination Act of 2008; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Employee Retirement Income Security Act (“ERISA”); the Consolidated Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act; the Equal Pay Act of 1963; the Pregnancy Discrimination Act; Uniformed Services Employment and Reemployment Rights Act; the Occupational Safety and Health Act; and any and all similar state laws and/or state laws addressing the rights of employees and the payment of wages, including but not limited to the Virginians with Disabilities Act, the Virginia Genetic Testing Law, the Virginia Equal Pay Act, the Virginia Workers’ Compensation Act, the Virginia Occupational Safety and Health Act, the Virginia Fraud Against Taxpayers Act, the Virginia Payment of Wage Law, the Virginia Right-to-Work Law, and the Virginia Human Rights Act, and any other federal, state or local law or regulation prohibiting employment discrimination or otherwise applicable to the employment relationship between Employee and BFTL. (c) Notwithstanding any other provision contained herein, the Released Claims do not include (i) BFTL’s indemnification obligations to Employee pursuant to the Bylaws or the Amended and Restated Articles of Incorporation of BFTL, as applicable; (ii) any vested rights that Employee may have under the terms of any 401(k) plan or other department benefit plan of BFTL; (iii) Employee’s eligibility to elect continuation of insurance coverage in accordance with provisions of state law and/or the Consolidated Omnibus Budget Reconciliation Act; (iv) claims for unemployment or commission)workers’ compensation; (v) claims for wages earned by Employee but not yet paid; (vi) PTO or Medical PTO; (vii) Employee’s rights under this Agreement; and (viii) Employee’s rights under the Merger Agreement. The foregoing waiver, release and discharge does not waive, release or discharge claims that cannot be released by private agreement. (d) Employee, on Employee’s own behalf and on behalf of Employee’s heirs, personal representatives, successors and assigns, agrees and covenants that Employee will not ▇▇▇ or assert any cause claim against any of action, demand, or claim the Released Parties on the basis of, connected with, or any ground arising out of or related to any of the Released Claims. Nothing herein shall Employee acknowledges and agrees that this Section 4(d) does not preclude Employee from filing a charge or complaint with, or cooperating in any action investigation by, any government agency (including but not limited to enforce the terms of this Settlement Agreement in accordance with Equal Employment Opportunity Commission), to the procedures set forth in this Settlement Agreement. 8.3. Class Counselextent permitted by law, the Planbut Employee expressly releases, the Class Representatives or Class Members may hereafter discover facts in addition waives, and disclaims any right to compensation, monetary damages, attorneys’ fees and/or costs related to or different arising from those that they know any such charge, complaint or believe to be true with respect to the Released Claims. Such factslawsuit filed by Employee or on Employee’s behalf, if known by themindividually or collectively, might have affected the decision to settle with involving any of the Released Parties. Additionally, nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Employee’s ability to challenge this Agreement’s compliance with notice and other requirements of the decision Age Discrimination in Employment Act (“ADEA”). (e) Without waiving any prospective or retrospective rights under the Fair Labor Standards Act (“FLSA”), Employee admits that he has received from BFTL all rights and benefits, if any, potentially due to release, relinquish, waive, and discharge him pursuant to the Released Claims, FLSA. Employee further represents that he is aware of no facts (including any injuries or the decision illnesses) that might lead to his filing of a Class Member not workers’ compensation claim against BFTL. It is the parties’ intention to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, release all claims that can legally be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partreleased but no more than that. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives8.1 The Parties, and the Class Members (each of them, on behalf of themselves and their respective representatives, agents, successors and heirs, beneficiariesdo hereby release and forever discharge each other Party and each of their past, executors, administrators, estates, past present and present partnersfuture directors, officers, directorspartners, owners, principals, employees, affiliates, agents, attorneys, predecessors, successors, insurers, shareholders, clients and assignsattorneys (hereafter collectively “Released Parties”) on their own behalves from any and all causes of action, suits, claims, liens, demands, judgments, indebtedness, costs, damages, obligations, attorneys’ fees (except as provided for in this Agreement), losses, claims, controversies, liabilities, demands and all other legal responsibilities in any form or nature, whether known or unknown, asserted or unasserted, under or pursuant to any statute, regulation, common law or equity, which have been brought or could have been brought, are currently pending or were pending, or are ever brought in the future (1) on behalf of the PlanClass, shall be deemed for injunctive, declaratory or other equitable relief that arise out of or in any way relate, directly or indirectly, to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection Injunctive Relief Claims prior to the Settlement Effective Date and/or (2) on behalf of Plaintiffs, that arise out of or in any way relate, directly or indirectly, to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of Individual Claims prior to the Settlement Effective DateDate (collectively, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1“Released Claims”), expressly agree that they, acting individually or together, or . Nothing in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, this Agreement will be considered a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out waiver of any claims by Plaintiffs or Class Members that arise entirely after the Effective Date. Plaintiffs and Class Counsel expressly promise and warrant that they are not aware of the Released Claims. Nothing herein shall preclude any action to enforce the terms such claims at this time of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon 8.2 Upon the entry of the Final Order, be deemed to have, and, by operation of Judgment and Order following the Final OrderApproval Hearing, all Class Members and each of their respective successors, assigns, legatees, heirs and personal representatives shall have fullyrelease and forever discharge BBUSA and each of its indemnitors, finallypartners, parents or subsidiaries, and forever settledany of their present and former directors, releasedofficers, relinquishedemployees, waivedagents, representatives, attorneys, accountants, and discharged all persons acting by, through, under or in concert with them, from any and all Released Claims. The Planmanner of action, Class Representativescauses of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, losses, costs, expenses and Class Members acknowledge and shall be deemed by operation fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, for injunctive, declaratory or other equitable relief relating to or arising out of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partInjunctive Relief Claims. 8.4. Each Class Representative and Class Member and 8.3 Upon the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final OrderJudgment and Order following the Final Approval Hearing, the Class Members Plaintiffs and each of their respective successors, assigns, legatees, heirs and personal representatives shall be conclusively deemed torelease and forever discharge BBUSA and each of its indemnitors, partners, parents or subsidiaries, and by operation any of the Final Order shalltheir present and former directors, settleofficers, releaseemployees, relinquishagents, waive representatives, attorneys, accountants, and discharge all persons acting by, through, under or in concert with them, from any and all rights manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, losses, costs, expenses and fees, of any nature whatsoever, known or benefits they may now haveunknown, in law or in the future may haveequity, under any law fixed or contingent, relating to or arising out of the releases Individual Claims. 8.4 In addition, the Parties and each of unknown claims pertaining specifically their respective successors, assigns, legatees, heirs and personal representatives, expressly waive and relinquish, to Section the fullest extent permitted by law, the provisions, rights and benefits of section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know and any other similar provision under federal 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 debtorstate law. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of provides: 8.5 The Parties fully understand that they are relinquishing their rights to future claims based on facts that are not currently known to them. The Parties agree that, should the California Civil Codefacts on which this Settlement Agreement is based turn out to be different than facts subsequently learned by the Parties or their counsel, this Settlement Agreement shall remain effective notwithstanding any such difference in facts.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), ) the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Philips, the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.and 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), ) the Class Representatives, Individual Plaintiffs, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement., 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, Individual Plaintiffs, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the Class Representatives, Individual Plaintiffs, Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released PartiesParties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Individual Plaintiff, Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Individual Plaintiffs, Class Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. 8.4 Each Class Representative and Representative, Individual Plaintiff, Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. by 8.5 Also, the Class Representatives Representatives, Individual Plaintiffs, and Class Members shallMembers, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. Class Representatives, Individual Plaintiffs, Class Members, and the Plan shall hold the Released Parties, Defense Counsel, Class Counsel, and the Settlement Administrator harmless from the costs (including, for example, attorneys’ fees and disbursements) of any proceedings (including, for example, investigation and suit), related to any tax liability.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), ) the Class Representatives, Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnerssuccessors, officers, directorsassigns, agents, and attorneys), predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class RepresentativesRepresentative, the Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this the Settlement Agreement in accordance with the procedures set forth in this the Settlement Agreement. 8.3. 8.3 Class Counsel, the Class Representative, Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released PartiesSettling Parties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each the Class Representative, Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The PlanClass Representative, Class RepresentativesMembers, and Class Members the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this the Settlement Agreement of which this release is a part. 8.4. Each 8.4 Class Representative and Representative, Class Member Members, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically claims, including but not limited to Section 1542 of the California Civil Code, which provides: 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. : 8.5 Also, the Class Representatives Representative and Class Members shallMembers, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.United

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)Plaintiffs, the Class Representatives, Plans and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the PlanPlans, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Settlement Class Members have received a monetary benefit from the Settlement, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class RepresentativesPlaintiffs, the Class MembersPlans, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), Settlement Class Members expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, Plaintiffs, Settlement Class Members, or the Plan, the Class Representatives or Class Members Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, each Plaintiff, Settlement Class Member Member, and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The PlanPlaintiffs, Settlement Class RepresentativesMembers, and Class Members the Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each 8.4 Without admitting that California law applies to this Settlement Agreement, each Plaintiff, each Settlement Class Representative and Class Member Member, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him must or her, would have materially affected his or her settlement with the debtordebtor or released party. Also, the Plaintiffs, Settlement Class Representatives Members, and Class Members the Plans shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), ) the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Philips, the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.and 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, Plans and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.present 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members on behalf of themselves and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Representatives, Class Members, or the Class Representatives or Class Members Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members and the Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partSettlement. 8.4. 8.4 Each Class Representative and Class Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, the Class Members shall be are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including without limitation, Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Defendant Parties from the Plaintiffs’ Released Claims, whether or not such Settlement Class Members have received a monetary benefit from the Settlement, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Lead Counsel for an award of Attorneys’ Fees and CostsExpenses, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class RepresentativesPlaintiffs, the Settlement Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Plaintiffs’ Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.38.3 As of the Effective Date, Defendant shall be deemed to fully, finally and forever release, relinquish and forever discharge each and every Defendant’s Released Claims, as to Plaintiffs, the Settlement Class and their attorneys (including Lead Counsel). Class Nothing herein shall preclude any action to enforce the Settlement Agreement. 8.4 Defendant, Lead Counsel, the PlanPlaintiffs, Settlement Class Members, or the Class Representatives or Class Members Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Defendant’s Released Claims and Plaintiffs’ Released Claims. Such facts, if known by them, might have affected the decision to settle with Plaintiffs and the Released PartiesDefendant, or the decision to release, relinquish, waive, and discharge Plaintiffs and the Plaintiffs’ Released Claims and Defendant’s Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, Defendant, Plaintiffs, each Settlement Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Plaintiffs’ Released Claims and Defendant’s Released Claims. The PlanDefendant, Plaintiffs, Settlement Class RepresentativesMembers, and Class Members the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each 8.5 Without admitting that California law applies to this Settlement Agreement, Defendant, each Plaintiff, each Settlement Class Representative and Class Member Member, and the Plan hereby stipulate and agree with respect to any and all Plaintiffs’ Released Claims and Defendant’s Released Claims that, upon entry of the Final Order, the Defendant and Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section claims, including §1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him must or her, would have materially affected his or her settlement with the debtordebtor or released party. Also, the Class Representatives Defendant, Plaintiffs, and Settlement Class Members shall, upon entry of the Final Order with respect to the Plaintiffs’ Released Claims and Defendant’s Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section §1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. As of 8.1 Upon the Settlement Term Sheet Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)in consideration of mutual releases, covenants, licenses, agreements, rights and other good and valuable consideration, the Class Representativesreceipt and sufficiency of which is hereby acknowledged, Repligen and its predecessors, successors, * CONFIDENTIAL TREATMENT REQUESTED heirs, and the Class Members (past, present and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, future officers, directors, agentsagents and employees, attorneyshereby release, acquit and forever discharge each of the Wellstat Released Parties and from all Actions and Claims. 8.2 Upon the Term Sheet Effective Date, in consideration of mutual releases, covenants, licenses, agreements, rights and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Wellstat and is predecessors, successors, heirs, and assignspast, present and future officers, directors, agents and employees, (including, without limitation, von Borstel) on their own behalves hereby release, acquit and on behalf forever discharge each of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Repligen Released Parties and Repligen Third Party Releasees from the Released all Actions and Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date8.3 Each Party, the Class Representativesfor itself, the Class Membersagrees and covenants that such Party shall not, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)directly or indirectly, expressly agree that theybring, acting individually or togethercommence, or in combination with othersinitiate, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, maintain or assert in prosecute any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before Actions and Claims against any state insurance Person or other department entity that such Party has released pursuant to this Agreement for any matters that such Party has released pursuant to this Agreement and any such Person or commission), entity so released may plead this Agreement as a full and complete defense against any cause Action and Claim brought against such Person or other entity in violation of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Section 8. 8.4 THE PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY THEIR LEGAL COUNSEL AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES 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.” THE PARTIES, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. The Parties acknowledge that there is a risk that subsequent to the execution of this Agreement, one or more of them may incur or suffer loss, damages or injuries in some way caused by the matters covered by the aforementioned releases, but which are unknown or unanticipated at the time this Agreement in accordance with is executed. The Parties hereby assume this risk and understand that the procedures set forth releases herein shall apply to all unknown or unanticipated Actions and Claims (as previously defined), as well as those known and anticipated. 8.5 Nothing in this Settlement Section 8 shall prevent or otherwise restrict any Party from enforcing the terms of this Agreement. 8.3. Class Counsel8.6 Nothing in this Agreement (other than the Regents/Wellstat Settlement Agreement which is incorporated herein by reference) shall be construed to do either of the following 8.6.1 Limit the ability of Repligen to bring an action against Wellstat for infringement of the rights owned or controlled by Repligen arising from the Page Applications, the PlanNaviaux Applications, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect von Borstel Applications, to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object extent determined pursuant to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry patent arbitration described in Section 2 of the Final OrderRegents/Wellstat Agreement, be deemed to have, and, all as modified by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign countryAmended Repligen Licenses, or any principle other patent or intellectual property rights owned or * CONFIDENTIAL TREATMENT REQUESTED licensed by Repligen. Furthermore, nothing in this Agreement shall be construed as a grant by Repligen or an obligation on the part of common lawRepligen to grant to Wellstat a license under any of Repligen’s rights in the Naviaux Applications, which is similarthe von Borstel Applications, comparable the Page Applications or equivalent in substance any other patent or intellectual property rights owned or licensed by Repligen, except as expressly set forth herein. 8.6.2 Limit the ability of Wellstat to Section 1542 bring an action against Repligen for infringement of the California Civil Coderights owned or controlled by Wellstat arising from the Naviaux Applications, the von Borstel Applications or the Page Applications, to the extent determined pursuant to the patent arbitration described in Section 2 of the Regents/Wellstat Settlement Agreement, all as modified by the Amended Repligen Licenses, or any other patent or intellectual property rights owned or licensed by Wellstat. Furthermore, nothing in this Agreement, shall be construed as a grant by Wellstat, or an obligation on the part of Wellstat to grant, to Repligen a license under any of Wellstat’s rights in the Naviaux Applications, the von Borstel Applications, the Page Applications or any other patent or intellectual property rights owned or licensed by Wellstat, except as expressly set forth herein.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of themselves and the Plan, Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all the Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel and/or Other Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.allowed.‌ 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members on behalf of themselves and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms Case 2:16-cv-06794-▇▇-▇▇ Document 321-1 Filed 01/13/20 Page 21 of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.66 Page ID #:26602

Release and Covenant Not to ▇▇▇. 8.1. As 8.01 The Parent and each Borrower hereby absolutely and unconditionally releases and forever discharges the Lender Group, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, present and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnersformer directors, officers, directors, agents, attorneys, predecessors, successors, agents and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out employees of any of the foregoing (each a “Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class CounselParty”), the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Planclaims, Class Representativesdemands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Parent or any Borrower has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising at any time on or prior to and including the date of this Agreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained in each case, arising for separately and is a key element of the Settlement embodied or on account of, in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed relation to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in any way in connection with, any of the future may haveCredit Agreement, any other Loan Document and/or the transactions thereunder or related thereto. It is the intention of the Parent and each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Codeapplicable law, which providesprovides that: “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 might have materially affected his settlement with the debtor. Also, the Class Representatives .” 8.02 The Parent and Class Members shall, upon entry of the Final Order each Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. The Parent and each Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. 8.03 The Parent and each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Released ClaimsParty above that it will not ▇▇▇ (at law, waive in equity, in any and all provisions, rights and benefits conferred by regulatory proceeding or otherwise) any law or Released Party on the basis of any State claim released, remised and discharged by the Parent or territory within such Borrower pursuant to the United States above release. If the Parent, any Borrower or any foreign countryof its successors, assigns or other legal representations violates the foregoing covenant, the Parent and each Borrower, for itself and its successors, assigns and legal representatives, agrees, jointly and severally, to pay, in addition to such other damages as any principle Released Party may sustain as a result of common lawsuch violation, which is similar, comparable or equivalent in substance to Section 1542 all attorneys’ fees and costs incurred by such Released Party as a result of the California Civil Codesuch violation.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plaintiffs, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1in Article 3), the Class Representatives, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Settlement Class Members have executed and delivered received a Former Participant Claim Formmonetary benefit from the Settlement, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and CostsExpenses, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class RepresentativesPlaintiffs, the Settlement Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1Article 3), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanPlaintiffs, Settlement Class Members, or the Class Representatives or Class Members Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, each Settlement Class Member and the Plan shall expressly, upon the entry of the Final Approval Order, be deemed to have, and, by operation of the Final Approval Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The PlanPlaintiffs, Settlement Class RepresentativesMembers, and Class Members the Plan acknowledge and shall be deemed by operation of the Final Approval Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each 8.4 Without admitting that California law applies to this Settlement Agreement, each Plaintiff, each Settlement Class Representative and Class Member Member, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Approval Order, the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Approval Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans, and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Members, or the Class Representatives or Class Members Plans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each the 8.4 Each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. As In consideration of the Settlement Effective Dateopportunity afforded me to participate as a volunteer on this EWB-USA project, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)I hereby agree that neither I nor my successors, the Class Representativesassignees, and the Class Members (and their respective heirs, beneficiariesguardians, executorsemployer and legal representatives will make any claim against EWB-USA, administrators, estates, past and present partnersits principals, officers, directors, agents, attorneysemployees, predecessorsvolunteers, successorsdonors and insurers, and assignsUniversity, its governing board, nor any of their affiliated organizations, officers, directors, trustees, regents, employees, agents, volunteers, donors or insurers (collectively referred to in this agreement as the “Released Parties”) on their own behalves and on behalf for illness, injury, detainment, death or any other damage, loss or harm resulting (or alleged to result) from the acts or omissions of any person or entity, however caused. Without limiting the generality of the Planforegoing, shall be deemed to have fully, finally, I hereby waive and forever settled, released, relinquished, waived, and discharged all release the Released Parties from the Released Claimsany and all claims, whether rights to compensation or not such Class Members have executed and delivered a Former Participant Claim Formcauses of action of me, whether my successors, assignees, heirs, guardians, employer or not such Class Members have filed an objection legal representatives that may arise from my participation on this project including those relating to the Settlement (1) damage to or to any application loss of property sustained by Class Counsel for an award of Attorneys’ Fees and Costsme during my participation on this project, whether (2) medical or not the objections hospital care, personal illness, injury or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required death sustained by Paragraph 3.1), expressly agree that they, acting individually or togetherme during my participation on this project, or in combination with others, shall not ▇▇▇ (3) any act or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any omission of the Released ClaimsParties before, during or after the project is completed (except for intentional misconduct). Nothing herein shall preclude I intentionally and knowingly waive any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members and all such claims that I may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might at any time have affected the decision to settle with against the Released Parties, and I reserve only and do not waive or the decision to releaserelease claims for intentional misconduct. This release and waiver of liability shall be binding and enforceable against me and my heirs, relinquishpersonal representatives, waiveguardians, successors and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge assigns and shall be deemed governed by operation the law of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element State of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect Colorado, without giving effect to any and all Released Claims that, upon entry choice of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or conflict of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.law provisions. I verify that I have read this paragraph by PLACING MY

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (Plans, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), the Class Representatives10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, successors and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged Defendants, the Plan and all Released Parties from the Released Claims, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Settlement Class Representatives, the Class Members, Members and the Plan (Plans, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), 10.1, expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim based on the basis of, connected with, or arising out of any of the Released Claims). Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanSettlement Class Members, or the Class Representatives or Class Members Plans, may hereafter discover facts in addition to or different from those that which they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans and the Released Parties, Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, each Settlement Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, and by operation of the Final Order, shall have have, fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged any and all Released Claims. The Plan, Class Representatives, and Settlement Class Members and the Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was separately bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partSettlement. 8.4. 8.4 Each Class Representative and Settlement Class Member and the Plan Plans, hereby stipulate stipulates and agree agrees with respect to any and all Released Claims that, upon the entry of the Final Order, the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including without limitation, Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (Plan, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), the Class Representatives10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, successors and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.have 8.2. 8.2 As of the Settlement Effective Date, the Settlement Class Representatives, the Class Members, Members and the Plan (Plan, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), 10.1, expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim based on the basis of, connected with, or arising out of any of the Released Claims). Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the Settlement Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that which they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Parties, Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, each Settlement Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, and by operation of the Final Order, shall have have, fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged any and all Released Claims. The Plan, Class Representatives, and Settlement Class Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was separately bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partSettlement. 8.4. 8.4 Each Class Representative and Settlement Class Member and the Plan Plan, hereby stipulate stipulates and agree agrees with respect to any and all Released Claims that, upon the entry of the Final Order, the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including without limitation, Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 9.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the all Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plan, and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 9.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, proceeding or an arbitration or a proceeding before any state insurance or other department or commissionproceeding), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 9.3 The Class Representatives, Class Counsel, the Plan, or the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with respect to Defendants, the Plan, and the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon shall 9.4 Upon the entry Effective Date of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Approval Order, the Class Members Representatives, Class Members, and the Plan shall be conclusively deemed to, and by operation of the Final Effective Approval Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 9.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class RepresentativesRepresentative, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnerssuccessors, officers, directorsassigns, agents, and attorneys), predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, Costs and whether or not they received any monetary benefit from the settlementexpenses. 8.2. 9.2 As of the Settlement Effective Date, the Class RepresentativesRepresentative, the Class Members, Defendants, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration arbitration, or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this the Settlement Agreement in accordance with the procedures set forth in this the Settlement Agreement. 8.3. 9.3 Class Counsel, the Class Representative, Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each the Class Member Representative, Class Members, and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The PlanClass Representative, Class RepresentativesMembers, and Class Members the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this the Settlement Agreement of which this release is a part. 8.4. Each 9.4 The Class Representative and Representative, Class Member Members, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically claims, including but not limited to Section 1542 of the California Civil Code, which provides: 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. : 9.5 Also, the Class Representatives Representative and Class Members Members, shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 9.6 The Class Representative, Class Members, Defendants, and the Plan shall hold the Released Settling Parties, Defense Counsel, Class Counsel, and the Settlement Administrator harmless from the costs (including, for example, attorneys’ fees and disbursements) of any proceedings (including, for example, investigation and suit), related to any tax liability.

Release and Covenant Not to ▇▇▇. 8.1. As In consideration of the Settlement Effective Dateopportunity afforded me to participate as a volunteer on this EWB-USA project, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)I hereby agree that neither I nor my successors, the Class Representativesassignees, and the Class Members (and their respective heirs, beneficiariesguardians, executorsemployer and legal representatives will make any claim against EWB-USA, administrators, estates, past and present partnersits principals, officers, directors, agents, attorneysemployees, predecessorsvolunteers, successorsdonors and insurers, and assignsUniversity, its governing board, nor any of their affiliated organizations, officers, directors, trustees, regents, employees, agents, volunteers, donors or insurers (collectively referred to in this agreement as the “Released Parties”) on their own behalves and on behalf for illness, injury, detainment, death or any other damage, loss or harm resulting (or alleged to result) from the acts or omissions of any person or entity, however caused. Without limiting the generality of the Planforegoing, shall be deemed to have fully, finally, I hereby waive and forever settled, released, relinquished, waived, and discharged all release the Released Parties from the Released Claimsany and all claims, whether rights to compensation or not such Class Members have executed and delivered a Former Participant Claim Formcauses of action of me, whether my successors, assignees, heirs, guardians, employer or not such Class Members have filed an objection legal representatives that may arise from my participation on this project including those relating to the Settlement (1) damage to or to any application loss of property sustained by Class Counsel for an award of Attorneys’ Fees and Costsme during my participation on this project, whether (2) medical or not the objections hospital care, personal illness, injury or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required death sustained by Paragraph 3.1), expressly agree that they, acting individually or togetherme during my participation on this project, or in combination with others, shall not ▇▇▇ (3) any act or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any omission of the Released ClaimsParties before, during or after the project is completed (except for intentional misconduct). Nothing herein shall preclude I intentionally and knowingly waive any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members and all such claims that I may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might at any time have affected the decision to settle with against the Released Parties, and I reserve only and do not waive or the decision to releaserelease claims for intentional misconduct. This release and waiver of liability shall be binding and enforceable against me and my heirs, relinquishpersonal representatives, waiveguardians, successors and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge assigns and shall be deemed governed by operation the law of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element State of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect Colorado, without giving effect to any and all Released Claims that, upon entry choice of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or conflict of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Codelaw provisions. I verify that I have read this paragraph by PLACING MY INITIALS HERE .

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, Plans and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.present 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members on behalf of themselves and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Representatives, Class Members, or the Class Representatives or Class Members Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members and the Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a partSettlement. 8.4. 8.4 Each Class Representative and Class Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, the Class Members shall be are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including without limitation, Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Members, or the Class Representatives or Class Members Plans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. 8.4 Each Class Representative and Class Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final OrderApproval order, the Class Members shall be conclusively deemed to, and by operation of the Final Order Approval order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have received a monetary benefit from the Settlement, whether of not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.Participant 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), by Class Counsel, expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the Class Representatives, or the Plan, the by Class Representatives or Class Members Counsel, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. 8.4 Each Class Representative and Representative, each Class Member Member, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves behalf and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have received a monetary benefit from the Settlement, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Representatives, Class Members, or the Class Representatives or Class Members Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement Agreement, of which this release is a part. 8.4. 8.4 Each Class Representative and Representative, each Class Member Member, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him must or her, would have materially affected his or her settlement with the debtordebtor or released party. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), the Class Representatives, ) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with pursuant to the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, the PlanClass Members, or the Class Representatives or Class Members Plans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each the 8.4 Each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, the Class Members shall be are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including without limitation, Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.:

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1)Plaintiffs, the Class Representatives, Plans and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) ), on their own behalves and on behalf of the PlanPlans, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Settlement Class Members have received a monetary benefit from the Settlement, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class RepresentativesPlaintiffs, the Class MembersPlans, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), Settlement Class Members expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. 8.3 Class Counsel, Plaintiffs, Settlement Class Members, or the Plan, the Class Representatives or Class Members Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, each Plaintiff, Settlement Class Member Member, and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The PlanPlaintiffs, Settlement Class RepresentativesMembers, and Class Members the Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each 8.4 Without admitting that California law applies to this Settlement Agreement, each Plaintiff, each Settlement Class Representative and Class Member Member, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to claims, including Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him must or her, would have materially affected his or her settlement with the debtordebtor or released party. Also, the Plaintiffs, Settlement Class Representatives Members, and Class Members the Plans shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to ▇▇▇. 8.1. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), ) the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnerssuccessors, officers, directorsassigns, agents, and attorneys), predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties and the Plan from the Released Claims, regardless of whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2. 8.2 As of the Settlement Effective Date, the Class Representatives, the Class Members, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not ▇▇▇ or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 8.3. Class Counsel, the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Plan, Class Representatives, and Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in this Settlement Agreement of which this release is a part. 8.4. Each Class Representative and Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 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. Also, the Class Representatives and Class Members shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.