Common use of Release by You Clause in Contracts

Release by You. In exchange for the benefits to be provided under this Agreement (including the Transition Period compensation and benefits and Severance Health Benefits), and other consideration under this Agreement to which you would not otherwise be entitled, you hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent or subsidiary entities, insurers, affiliates and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions prior to or on the date you sign this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (2) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination or breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), or the California Fair Employment and Housing Act (as amended) (“FEHA”). Notwithstanding anything in this paragraph, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, nor from any obligations undertaken by the Company in this Agreement.

Release by You. In exchange for the benefits to be Except as otherwise provided under in this Agreement (including the Transition Period compensation Section 5, You hereby release and benefits forever discharge BSC and Severance Health Benefits)its subsidiaries, affiliates, successors, and other consideration under this Agreement to which you would not otherwise be entitled, you hereby generally assigns and completely release the Company and its directorsDirectors, officers, shareholders, employees, shareholdersrepresentatives and agents of each of the foregoing (collectively "Releasees") of and from the following up to and as of the date of execution of this Agreement: (a) Any and all claims, partnersdemands, agentsand liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement), including (without limitation) those with respect to Your employment or the terms and conditions or termination of his employment, benefits or compensation which You have against Releasees, or ever had; (b) As included in the above, without limitation, all claims known or which reasonably could have been known for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims for retaliation, and all claims for attorneys' fees, predecessorsas related to Your employment by BSC, successorsor the terms and conditions or termination of his employment, parent benefits, or subsidiary entities, insurers, affiliates compensation; and (c) You specifically releases and assigns forever discharges Releasees from any and all claimsclaims based upon any allegation of employment discrimination, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions prior to or including (without limitation) discrimination on the date you sign this Agreement. This general release includesbasis of race, but is not limited to: color, sex, age (1) all claims arising out of or in including any way related claim pursuant to your employment with the Company or the termination of that employment; (2) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination or breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”Act), religion, disability or national origin. BSC agrees that in the California Fair Employment and Housing Act (as amended) (“FEHA”). Notwithstanding anything event that the Releasees initiate litigation, arbitration, mediation or otherwise assert legal or equitable claims against You, then notwithstanding the releases provided for in this paragraphSection 5 and the representations made in Section 6 hereof, you are You may assert as counterclaims, crossclaims or set-offs against Releasees any and all claims You may have against Releasees, including any claims that otherwise were released by this Section 5 and further including any such claims that as of the Termination Date would not hereby releasing have been barred by applicable statutes of limitation, provided Your right to make such assertions shall not be triggered in the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope event BSC seeks repayment of your employment indemnification payments in accordance with the Company, nor from any Delaware General Corporation Law or enforcement of Your obligations undertaken by the Company in under this Agreement.. You acknowledge that You have been given the opportunity, if You so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that You execute the Agreement within less than twenty-one (21) days of the date of its delivery to You, You acknowledge that such decision was entirely voluntary and that You had the

Release by You. In exchange for the benefits to be provided under this Agreement (including the Transition Period compensation and benefits and Severance Health Benefits)i. You voluntarily, irrevocably, and other consideration under this Agreement to which you would not otherwise be entitled, you hereby generally unconditionally release and completely release the discharge Company and its former and present owners, parents, shareholders, predecessors, successors, assigns, agents, directors, officers, employees, shareholdersofficers, partnerssubsidiaries, agentsand affiliates, attorneysand all persons acting by, predecessorsunder, successorsor in concert with any of them (collectively, parent or subsidiary entities, insurers, affiliates and assigns “Company Releasees”) from any and all complaints, claims, liabilities demands, contracts, liabilities, actions, causes of action, promises, or rights of any nature whether known or unknown and obligations, both known and unknown, that arise whether in law or in equity which you now own or hold or have at any time owned or held against Company Releasees arising out of or are in any way related to eventsconnected with your employment relationship with or separation from employment and any other transactions, actsoccurrences, conduct, acts or omissions or any loss, damage or injury whatsoever, known or unknown, resulting from any act or omission by or on the part of Company Releasees committed or omitted on or prior to or on the date you sign this Agreement. This general Without limiting the generality of the foregoing, this release includesincludes all claims that are capable of release under any federal, state, or local law or regulation dealing with the employment relationship, including but is not limited to: to employment discrimination, harassment, and retaliation based on any protected category, whistleblower claims, and the payment of wages, salary, vacation, and bonuses, including but not limited to statutes such as federal and state discrimination laws, wage and hour laws, whistleblower laws, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act of 2009, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act (1) “ADEA”), the Family and Medical Leave Act, the Employee Retirement Income Security Act (excluding COBRA), the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Occupational Safety and Health Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, state and federal False Claims Act, the Worker Adjustment and Retraining Act (WARN), the Massachusetts Fair Employment Practices Law, the Massachusetts Civil Rights Act, the Massachusetts Equal Rights Act, the Minimum Fair Wage Act, the Massachusetts Plant Closing Law, the Massachusetts Wage Act, the Massachusetts Equal Pay Act, the Massachusetts Parental Leave Act, the Massachusetts Sexual Harassment Statute, all as amended; any and all claims arising out under Massachusetts law and/or the law of or in any way related other states and localities that apply to your employment with the Company or the termination of that employment; (2) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company; (3) as well as all claims for emotional distress or pain and suffering; and/or any other statutory or common law claims, now existing or hereinafter recognized, known or unknown, including, but not limited to, breach of contract, wrongful termination whether oral or breach of the implied covenant of good faith and fair dealingwritten, express or implied; (4) all tort claimspromissory estoppel; any tort, including claims for fraudincluding, without limitation, assault, battery, libel, slander, defamation, emotional distress misrepresentation, intentional interference with contract, fraud, wrongful discharge, or any claim for equity or other benefits; or any other statutory and/or common law claim. ii. You specifically and discharge in violation expressly acknowledge that this Agreement is intended to include and extinguish all claims, known and unknown, which exist up to and including the date you sign this Agreement and which arise from your employment with Company or separation from employment and that no possible claim against Company Releasees would materially affect or change your complete and voluntary acceptance of public policy; this Agreement, even if such claim were unknown at the time of signing of this Agreement and (5) all federal, statediscovered after that signing. iii. You have not initiated, and local statutory shall not initiate, against any of the Company Releasees any claim, action, or proceeding pertaining in any manner to a released claim. iv. You represent and agree that: (a) you have been paid all monies that are owed to you, other than as set forth in this Agreement; (b) the payments and benefits set forth in this Agreement, together with payments and benefits previously provided to you, are complete payment, settlement, accord and satisfaction with respect to all obligations and liabilities of Company Releasees to you, and with respect to all claims, including causes of action and damages that could be asserted by you against Company Releasees regarding your employment with, change in employment status with, and/or termination from employment, including, without limitation, all claims for discriminationwages, harassmentsalary, retaliationcommissions, draws, car allowances, incentive pay, bonuses, business expenses, paid time off, stock and stock options, severance pay, attorneys’ fees, compensatory damages, exemplary damages, or other claims arising compensation, benefits, costs or sums; (c) you have no known workplace injuries or occupational diseases; (d) you either have been provided or you have not been denied any leave requested under the federal Civil Rights Act of 1964 (as amended)Family and Medical Leave Act, the federal Americans with Disabilities Act, or other applicable leave of absence laws; and (e) you have not complained and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company Releasees. v. Notwithstanding anything to the contrary in this Section 8, this release does not include the release of any rights: (a) that cannot by law be released by private agreement, including but not limited to rights that cannot be released under the Fair Labor Standards Act of 19901938 or rights relating to workers’ compensation and unemployment benefits; (b) of indemnification or defense pursuant to applicable law, any applicable indemnification agreement between you and Company, Company’s Bylaws, or any policy of insurance (including D&O insurance) applicable to you, and subject to the terms and conditions of any such applicable agreements or policies; (c) any vested benefits or rights you may have under any employee benefit plan pursuant to the Employee Retirement Income Security Act; or (d) to enforce this Agreement. vi. Nothing in this Agreement prevents you from cooperating with or participating in any proceeding before the Equal Employment Opportunity Commission or a state fair employment practices agency, except that you acknowledge and agree that you may not be able to recover any monetary benefits in connection with any such proceeding. Notwithstanding the foregoing, nothing contained in this Agreement prevents, impedes or interferes with your ability to engage in any activities that cannot be released as a matter of law under the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other governmental agency, commission or entity presiding over violations of federal Age Discrimination in Employment Act of 1967 law or regulation (as amended) (the “ADEAGovernment Agencies”), without notice to Company. This Agreement does not prevent, impede or interfere with your right to receive an award for information provided to any Government Agencies as set forth above. Further, nothing in this release or Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under federal or state discrimination laws, or the California Fair Employment Company’s right to seek restitution or other legal remedies to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and Housing Act (as amended) (“FEHA”)prevail in any claim under federal or state discrimination laws. Notwithstanding anything in The terms of this paragraph, Agreement do not limit you are not hereby releasing the Company from receiving an award for information provided under a whistleblower statute to any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, nor from any obligations undertaken by the Company in this Agreementgovernmental agency.

Release by You. In exchange for the benefits to be provided under this Agreement (including consulting agreement and severance payment set forth in section 3, the Transition Period compensation and benefits and Severance Health Benefits)paid COBRA premiums set forth in section 4, the release of your stock grant as set forth in paragraph 5, and other consideration benefits you are receiving under the terms of this Agreement to which you would not otherwise be entitled, you hereby generally and completely release the Company and its Execustaff, Inc., and their directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent or subsidiary entities, insurers, affiliates and assigns assigns, from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions prior to or on the date you sign this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (2) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination or breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), or the California Fair Employment and Housing Act (as amended) (“FEHA”). Notwithstanding anything in this paragraph, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, nor from any obligations undertaken by the Company in this Agreement.

Release by You. In exchange for the benefits to be provided under this Agreement (including the Transition Period compensation and benefits and Severance Health Benefits), and other consideration under this Agreement to which you would not otherwise be entitled, and except for any obligations undertaken in this Agreement, you hereby generally release, acquit and completely release forever discharge the Company and Company, its officers, directors, officersagents, servants, employees, attorneys, shareholders, partners, agents, attorneys, predecessors, successors, parent or subsidiary entitiesassigns and affiliates, insurers, affiliates of and assigns from any and all claims, liabilities liabilities, causes of action, and obligationsobligations of every kind and nature, both in law, equity, or otherwise, known and unknown, that arise out of or are in any way related to eventssuspected and unsuspected, acts, conduct, or omissions prior to or on the date you sign this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the date you sign this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company or the termination of that employment; (2) all claims or demands related to your compensation or benefits from the Company, including salary, bonuses, commissions, stock, stock options, or any other ownership or equity interest in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act as amended; the federal Age Discrimination in the CompanyEmployment Act as amended ("ADEA"); (3) all claims for breach of contract, tort law; contract law; wrongful termination or discharge; discrimination; harassment; retaliation; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), or the California Fair Employment and Housing Act (as amended) (“FEHA”). Notwithstanding anything in this paragraph, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, nor from any obligations undertaken by the Company in this Agreement.