Release by the Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, exe-cutors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, its parents, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Releasees”), both individually and collectively, from any and all waivable rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee’s tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the ▇▇▇▇-▇▇▇▇▇ Act, ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship. (b) Nothing contained in this Section 9 shall waive the Employee’s right to indemnification under California Labor Code section 2802 in connection with any claim against him based on acts occurring within the course and scope of his position with the Company. The Employee represents that he is unaware that any such claim exists as of the Effective Date.
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Release by the Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, exe-cutorsexecutors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, Company and its parents, direct or indirect subsidiaries, predecessorsaffiliates, successors divisions or related entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all waivable rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Employee by any of the Company Releasees, the Employee’s tenure as an employee and/or an officer of any of the CompanyCompany Releasees, any agreement or compensation arrangement between the Employee and any of the Company Releasees, or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Employee in equity capital or rights in equity capital or other securities of any of the Company Releasees (except as expressly provided in Section 3) to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the ▇▇▇▇-▇▇▇▇▇ Act, ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law and each other applicable state on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule rule, or regulation dealing with the employment relationship.
(b) Nothing contained in this Section 9 shall waive the Employee’s right to indemnification under California Labor Code section 2802 in connection with any claim against him based on acts occurring within the course and scope of his position with the Company. The Employee represents that he is unaware that any such claim exists as of the Effective Date.
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