Common use of Release Clause in Contracts

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself Landlord and its employees and agents shall not be liable to Tenant, Tenant’s employees, agents, attorneysassignees, heirssubtenants, successorslicensees, concessionaires, or to any other person or entity for any damage (including indirect and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”consequential damage), and any other personinjury, firmloss, compensation or claim whatsoever, including but not limited to claims for the interruption of or loss to Tenant’s business, corporationbased on, insurerarising out of or resulting from any cause whatsoever (except as otherwise provided in this Article), or association which may be responsible or liable for including but not limited to the acts or omissions following: repairs to any portion of the Lender Parties, Leased Premises which are the obligation of Tenant; interruption in the use of the Leased Premises or who may be liable for the injury any equipment therein; any accident or damage resulting therefrom from the use or operation (collectively by Landlord, Tenant or any other person or entity) of the “Released Parties”)following services: heating, cooling, electrical, sewerage, water, communications, data transmission, plumbing equipment or apparatus; the termination of this Lease arising in connection with the destruction of the Leased Premises; any fire, robbery, theft, vandalism, mysterious disappearance and/or any other casualty; the actions of any other tenants of the Leased Premises or of any other person or entity; and any leakage in any part or portion of the Leased Premises, or from water, rain, ice or snow that may leak, into, or flow from, any part of the Leased Premises, or from drains, pipes or plumbing fixtures in the Leased Premises. It further is understood and agreed that any failure or inability to furnish any services by Landlord shall not be considered an eviction, actual or constructive, of Tenant from the Leased Premises and shall not entitle Tenant to terminate this Lease or to an abatement of any Rent payable hereunder. Any goods, property or personal effects stored or placed by Tenant, its employees or agents in or about the Leased Premises and any data regardless of how stored (including but not limited to data stored magnetically or electronically) shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. In the event that at any time during the Lease Term Tenant shall have a claim against Landlord, Tenant shall not have the right to set off or deduct the amount owed or allegedly owed to Tenant from any and all actionsRent or other sums payable to Landlord, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, it being understood that ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, ▇’s sole remedy for recovering upon a claim shall be to institute an independent action against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofLandlord.

Release. For In order to induce the Administrative Agent and in consideration of any Loan and each advance or other financial accommodation hereunderthe Lenders to enter into this Amendment, each Borrower, voluntarily, knowingly, unconditionally, Loan Party acknowledges and irrevocablyagrees that: (i) no Loan Party has any claim or cause of action against the Administrative Agent or any Lender (or, with specific respect to the Loan Agreement and express intentthe other Loan Documents and the administration of the credit facilities thereunder, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each any of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders agents or representatives); (ii) no Loan Party has any offset or compensation right, counterclaim, right of recoupment or any defense of any kind against any Loan Party’s obligations, indebtedness or liabilities to the Administrative Agent or any Lender; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions iii) each of the Lender PartiesAdministrative Agent and the Lenders has heretofore properly performed and satisfied in a timely manner all of its obligations to the Borrowers and, as applicable, the Guarantors. Each Loan Party wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Administrative Agent’s and the Lenders’ rights, interests, contracts, collateral security or damage resulting therefrom remedies. Therefore, each Loan Party unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from A) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent or any Lender to any Loan Party, except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Amendment, the Loan Agreement and the other Loan Documents, and (B) all claims, counterclaims, offsets, compensation rights, causes of action, suitsright of recoupment, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or unknown, which any of them) Loan Party might otherwise have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any Lender (or, with respect to the Loan Agreement and the other Loan Documents and the administration of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannercredit facilities thereunder, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties their respective directors, officers, employees or any other Released Parties under any lawagents), rule in either case (A) or regulation (B), on account of any jurisdiction that would past or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist presently existing (as of the date hereof) condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, counterclaims, compensation rights, circumstance or matter of any kind.

Release. For and in The matters set forth herein have been agreed to by the Noteholders as an accommodation to the Company. In consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallysuch accommodation, and irrevocablyacknowledging that the Noteholders will be specifically relying on the following provisions as a material inducement in entering into this Amendment Agreement, with specific and express intentfor other good and valuable consideration, for the receipt and sufficiency of which is hereby acknowledged, the Company, on behalf of itself and its shareholders, subsidiaries and affiliates (each, a “Releasor”), hereby unconditionally and irrevocably acquits and fully and forever releases, remises and discharges the Noteholders and their respective agents, partners, servants, employees, directors, officers, attorneys, heirsaccountants, successorsconsultants, and assigns (collectively the “Releasing Parties”) does hereby fully and completely releaseadvisors, acquit and forever discharge the Administrative Agentprincipals, Issuing Lender and each Lendertrustees, and each of their respective successorsrepresentatives, assignsreceivers, heirstrustees, affiliates, subsidiaries, parent companiesshareholders, principalspredecessors, directorssuccessors and assigns (collectively, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsclaims, causes of actiondamages, losses, demands, liabilities, obligations, remedies, suits, debtsactions and causes of action whatsoever (whether arising in contract or in tort, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, whether at law or in equity), whether known or unknown, suspected or claimed, matured or unmaturedcontingent, liquidated or unliquidated, vested in any way arising from, in connection with, or contingentin any way concerning or relating to, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Amendment Agreement, other than the Note Purchase Agreement and the Notes, and/or any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or dealings with any of the Released Parties have had an opportunity in connection with the transactions contemplated by such documents or this Amendment Agreement prior to the execution of this Amendment Agreement. This release shall be and remain in full force and effect notwithstanding the discovery by any Releasor after the date hereof (a) of any new or additional claim against any Released Party, (b) of any new or additional facts in any way relating to the subject matter of this release, (c) that any fact relied upon by it was incorrect or (d) that any representation made by any Released Party was untrue. The Company (on behalf of itself and the other Releasors) acknowledges and agrees that this release is intended to, and does, fully, finally and forever release all matters described in this Section 10.3, notwithstanding the existence or discovery of any such new or additional claims or facts, incorrect facts, misunderstanding of law or misrepresentation. The Company (on behalf of itself and the other Releasors) covenants and agrees not to, commence, voluntarily aid in any way, prosecute or cause to be heard) which determination includes a specific finding that one commenced or prosecuted against any of the Released Parties acted any action or other proceeding based upon any of the claims released hereby. Notwithstanding the foregoing, in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that no event shall the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon be interpreted, construed or otherwise deemed as an admission or suggestion by the Lenders in agreeing Noteholders of any wrongdoing or liability owed to make the Loans Company or any other Person. The Company (on behalf of itself and in making each advance of Loan proceeds hereunder. Borrower the other Releasors) 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself Landlord and its employees and agents shall not be liable to Tenant, Tenant’s employees, agents, attorneysassignees, heirssubtenants, successorslicensees, concessionaires, or to any other person or entity for any damage (including indirect and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”consequential damage), and any other personinjury, firmloss, compensation or claim whatsoever, including but not limited to claims for the interruption of or loss to Tenant’s business, corporationbased on, insurerarising out of or resulting from any cause whatsoever (except as otherwise provided in this Article), or association which may be responsible or liable for including but not limited to the acts or omissions following: repairs to any portion of the Lender Parties, Leased Premises which are the obligation of Tenant; interruption in the use of the Leased Premises or who may be liable for the injury any equipment therein; any accident or damage resulting therefrom from the use or operation (collectively the “Released Parties”)by Landlord, of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties Tenant or any other Released Parties under person or entity) of the following services: heating, cooling, electrical, sewerage, water, communications, data transmission, plumbing equipment or apparatus; the termination of this Lease arising in connection with the destruction of the Leased Premises; any lawfire, rule or regulation robbery, theft, vandalism, mysterious disappearance and/or any other casualty; the actions of any jurisdiction other tenants of the Leased Premises or of any other person or entity; and any leakage in any part or portion of the Leased Premises, or from water, rain, ice or snow that would may leak, into, or could flow from, any part of the Leased Premises, or from drains, pipes or plumbing fixtures in the Leased Premises. It further is understood and agreed that any failure or inability to furnish any services by Landlord shall not be considered an eviction, actual or constructive, of Tenant from the Leased Premises and shall not entitle Tenant to terminate this Lease or to an abatement of any Rent payable hereunder. Any goods, property or personal effects stored or placed by Tenant, its employees or agents in or about the Leased Premises and any data regardless of how stored (including but not limited to data stored magnetically or electronically) shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. In the event that at any time during the Lease Term Tenant shall have a claim against Landlord, Tenant shall not have the effect of limiting right to set off or deduct the extent amount owed or allegedly owed to which Tenant from any Rent or other sums payable to Landlord, it being understood that Tenant’s sole remedy for recovering upon a general release extends claim shall be to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofinstitute an independent action against Landlord.

Release. For In order to induce the Administrative Agent and in consideration of any Loan and each advance or other financial accommodation hereunderthe Lenders to enter into this Amendment, each Borrower, voluntarily, knowingly, unconditionally, Loan Party acknowledges and irrevocably, with specific and express intent, for and on behalf agrees that: (a) such Loan Party does not have any claim or cause of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge action against the Administrative Agent, Issuing the L/C issuer or any Lender and each Lender, and each (or any of their its respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (b) such Loan Party does not have any offset right, shareholders counterclaim or defense of any kind against any of its respective obligations, indebtedness or liabilities to the Administrative Agent, the L/C Issuer or any Lender; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions c) each of the Administrative Agent, the L/C Issuer and each Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to the Loan Parties. Each Loan Party wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect the injury Administrative Agent’s, the L/C Issuer’s or damage resulting therefrom any Lender’s rights, interests, contracts, collateral security or remedies. Therefore, each Loan Party unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from i) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent, the L/C Issuer or any Lender to such Loan Party, except the obligations to be performed by any Administrative Agent, the L/C Issuer or any Lender on or after the date hereof as expressly stated in this Amendment, the Credit Agreement and the other Loan Documents, and (ii) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which such Loan Party might otherwise have against the Releasing Parties (Administrative Agent, the L/C Issuer, any Lender or any of themits directors, officers, employees or agents, in either case (i) have or may have(ii), against the Released Parties on account of any past or any presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofkind.

Release. For and in consideration Effective as of any Loan and each advance or other financial accommodation hereunderthe Effective Date, each Borrowerof the Parties, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself himself (or herself or itself) and his (or her or its agents, attorneysassigns), heirs, successorsbeneficiaries, representatives, agents and assigns affiliates (collectively the “Releasing Parties”) does ), hereby fully and completely releasefinally releases, acquit acquits and forever discharge discharges each of the Administrative Agent, Issuing Lender and each Lender, other Parties and each of their respective present and former officers, directors, employees, agents, predecessors, successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders insurers and agents attorneys (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsclaims, causes of action, suitsliabilities, debtslosses, disputescosts, damages, claimspenalties, obligationscharges, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) expenses and demands all other forms of any kind liability or obligation whatsoever, at in law or in equity, whether matured asserted or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoateunasserted, known or unknown that unknown, foreseen or unforeseen (“Claims”), arising prior to the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) Effective Date and relating to events occurring on such Releasing Party’s ownership of equity of Parsley LLC prior to the Effective Date or before otherwise arising from or relating to the date of transactions contemplated by this Agreement, other than including, but not limited to, the right to have the shares of Class A Common Stock received pursuant to the Reorganization registered for sale pursuant to the Registration Statement (collectively, the “Released Claims”); provided, however, that the Released Claims shall exclude any Claims arising from or relating to or in connection with (a) rights or obligations expressly set forth in this Agreement and (b) any claim or right to indemnification or advancement of expenses under the Parsley LLC Agreement as in effect prior to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductEffective Date. Each Borrower Releasing Party expressly acknowledges that the foregoing release is a material inducement contained herein applies to Administrative Agent’s all Released Claims, whether such Released Claims are known or unknown, and each Lender’s include Released Claims that if known by the Releasing Party might materially affect its decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that effect the release set forth above may be pleaded as a full contained herein. Each Releasing Party has considered and complete defense taken into account the possible existence of such Released Claims in determining to execute 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 deliver this Agreement. Without limiting the generality of the provisions of such release. To foregoing, solely with respect to the furthest extent permitted by lawReleased Claims, Borrower hereby knowingly, voluntarily, intentionally and each Releasing Party expressly waives and relinquishes any and all rights and benefits conferred upon it by any statute or rule of law that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction provides that would or could have the effect of limiting the extent to which a general release extends does not extend to claims which any of that the Releasing Parties Party does not know or suspect to exist as in its favor at the time of executing the date hereofrelease, which if known by the Releasing Party would have materially affected the Releasing Party’s release with the Released Parties. This Agreement constitutes a complete defense of any and all Released Claims. Each Releasing Party further agrees not to initiate any litigation, lawsuit, claim or action against any Released Party with respect to any Released Claim, except that the Releasing Party shall not be limited hereby from responding to, joining, prosecuting or being involved in any litigation, lawsuit, claim or action brought against such Releasing Party in respect of a Released Claim, nor from adjudicating whether or not a Claim constitutes a Released Claim.

Release. For (a) Employee irrevocably and in consideration of any Loan and each advance or other financial accommodation hereunderunconditionally releases Employer, each Borrowerits parent corporation, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneyssuccessors, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirsdirectors, affiliatesshareholders, subsidiaries, parent companies, principals, directorstrustees, officers, employees, shareholders and servants, agents (hereinafter called the “Lender Parties”and former directors, shareholders, trustees, officers, employees, servants, and agents), attorneys, executors, administrators, insurers, subsidiaries and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and affiliated companies from any and all actionsclaims, charges, complaints, grievances, contracts, liabilities, obligations, demands, promises, reimbursements, causes of action, suitscosts, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees damages (including, without limitationbut not limited to actual damages, reasonable attorneys’ feescompensatory damages, special damages, liquidated damages, and punitive damages) and demands of any kind whatsoeverdirectly or indirectly, at law known or in equityunknown, whether matured suspected or unmaturedunsuspected, liquidated arising out of or unliquidatedrelated to (i) the employment of Employee by Employer, vested (ii) the termination of Employee’s employment or contingentthe circumstances leading up to Employee’s termination of employment, and (iii) any other act or occurrence pre-dating Employee’s execution of this Agreement. (b) Employee acknowledges and agrees that Employee has read this Agreement. Employee also acknowledges and agrees that Employee understands the terms of this Agreement. Employee further acknowledges and agrees that Employee is entering into this Agreement deliberately, knowingly, and voluntarily, with full knowledge of its significance, and with the express intention of effecting the legal consequences relating to the extinguishment of all obligations. Employee also acknowledges and agrees that Employer has advised Employee to seek the advice of Employee’s own attorney prior to executing this Agreement regarding the terms and conditions of this Agreement. (c) Employee understands that this Agreement releases Employer from all liability, past or present, arising out of or related to Employee’s employment, termination of employment and the circumstances leading up to Employee’s termination of employment, and any other act or occurrence pre-dating Employee’s execution of this Agreement, including, but not limited to, any rights or claims pursuant to (i) the Age Discrimination Act of 1967 (“ADEA”) (29 U.S.C. § 626, et seq.), and any amendments thereto; (ii) the Civil Rights Act of 1964 (“Title VII”) (42 U.S.C. § 2000e, et seq.), and any amendments thereto; (iii) the Civil Rights Statutes (42 U.S.C. §§ 1981, 1981a, and 1988), and any amendments thereto; (iv) the Americans with Disabilities Act of 1990 (“ADA”) (42 U.S.C. § 12101, et seq.), and any amendments thereto; (v) the Employee Retirement Income Security Act (“ERISA”) (29 ▇.▇.▇. §▇▇▇▇ et seq.), and any amendments thereto; (vi) Hawaii’s Employment Practices Act (Haw. Rev. Stat. ch. 378), and any amendments thereto; (vii) all applicable state and federal wage and hour laws, and any amendments thereto; (viii) all claims based on common law sounding in tort, contract, implied contract, negligence and/or gross negligence, including, but not limited to promissory estoppel, quantum meruit, libel/slander, defamation, misrepresentation, emotional distress (negligent or inchoateintentional) fraud or deceit, known unpaid wages, equitable claims, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, wrongful discharge and/or termination, and violation of public policy; and (ix) any claim for attorneys’ fees or unknown costs. Employee understands that nothing contained in this Agreement shall prohibit Employee from (i) bringing any action to enforce the Releasing Parties terms of this Agreement or severance and other benefits due pursuant to the Employment Agreement or to enforce his other vested benefits and rights under the Company’s benefit plans in accordance with the terms of such plans and the Employment Agreement; (ii) filing a timely charge or complaint with the Hawaii Civil Rights Commission (“HCRC”) or the Equal Employment Opportunity Commission (“EEOC”) regarding the validity of the Agreement; or (iii) filing a timely charge or complaint with the HCRC or the EEOC or participating in any investigation or proceeding conducted by the HCRC or the EEOC regarding any claim of employment discrimination. This release does not extend to any severance or other obligations due Employee under the Employment Agreement or to Employee’s vested rights and benefits under the Company’s benefit plans in accordance with the terms of such plans and the Employment Agreement. Nothing in this Agreement waives Employee’s rights to indemnification or any payments under any fiduciary insurance policy, if any, provided by any act or agreement of themthe Company, state or federal law or policy of insurance. (d) have or may have, against Employee acknowledges and understands that there is a risk that subsequent to the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date execution of this Agreement, Employee may incur or suffer loss, damages, or injuries that are in some way related to or arising out of Employee’s employment with Employer or the termination thereof, but that are unknown and unanticipated at the time this Agreement is signed. Accordingly, Employee hereby assumes these risks and that this Agreement shall apply to all such unknown or unanticipated claims. (e) Employee acknowledges and understands that Employee is not waiving any future rights or claims that might arise after the date this Agreement is signed by Employee. (f) Employee acknowledges and understands that Employer does not make nor has made any representations to force or induce Employee to sign this Agreement other than any claim as to which a final determination what is made specifically provided for in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannerthis Agreement. Furthermore, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, Employee acknowledges and agrees understands 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties Employee is under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent no obligation to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofsign this Agreement.

Release. For and in In consideration of any Loan Administrative Agent's and each advance or other financial accommodation hereunderthe Lenders’ execution of this Amendment, each BorrowerLoan Party, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for individually and on behalf of itself and its agents, attorneys, heirs, successorsrespective successors (including any trustees acting on behalf of such Loan Party, and assigns (collectively the “Releasing Parties”) does any debtor-in-possession with respect to such Loan Party), assigns, Subsidiaries and Affiliates, hereby fully and completely release, acquit and forever discharge the releases Administrative Agent, Issuing Lender Agent in its capacity as Administrative Agent and each Lender, in its capacity as lender under the DIP Credit Agreement, and each of their respective successors, assigns, heirsparents, affiliatesSubsidiaries, subsidiaries, parent companies, principals, directors, and Affiliates and their respective officers, employees, shareholders directors, agents and agents attorneys (hereinafter called collectively, the “Lender PartiesReleasees”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsdebts, causes of actionclaims, suitsdemands, debtsliabilities, responsibilities, disputes, causes, damages, claims, obligations, liabilities, costs, expenses, fees actions and causes of actions (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, whether at law or in equity), and obligations of every nature whatsoever, whether liquidated or unliquidated, whether matured or unmatured, liquidated whether fixed or unliquidatedcontingent that such Loan Party has or may have against the Releasees, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) , which arise from or relate to any actions which the Releasees, or any of them, have or may havehave taken or omitted to take in connection with the DIP Credit Agreement as amended herein or the other Loan Documents (including with respect to the Obligations and any third parties liable in whole or in part for the Obligations) in each case prior to the date hereof; provided, against however, that for the Released Parties avoidance of doubt this release does not apply to any items related to the Existing Second Lien Credit Agreement, any related loan document or the facility itself, the Senior Notes and any related indenture documentation or any of them (whether directly or indirectly) relating claim related to events occurring on or before the date of this Existing Second Lien Credit Agreement, other than any claim as related loan document, the Senior Notes or any related indenture documentation; provided, further, this release does not (a) apply to which a final determination is made in a judicial proceeding (in which any release of the Administrative Agent and Lenders Releasees from any agreements, covenants, liabilities or obligations under any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one Loan Documents or in respect of the Released “Obligations” or (b) constitute a release of, or covenant not to ▇▇▇, in respect of any Releasee arising from the gross negligence, willful misconduct or fraud (actual or constructive) of any Releasee. This provision shall survive and continue in full force and effect whether or not the Loan Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 shall satisfy all other proceeding which may be instituted, prosecuted or attempted in breach provisions of the provisions of such release. To DIP Credit Agreement as amended hereby or the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofLoan Documents.

Release. For Each Loan Party may have certain Claims against the Released Parties, as those terms are defined below, regarding or relating to the Existing Credit Agreement or the other Loan Documents. The agents and lenders under the Existing Credit Agreement, and each Loan Party desires to resolve each and every one of such Claims in conjunction with the execution of this Agreement and thus each Loan Party makes the releases contained in this Section 9.17. In consideration of any Loan Agents and each advance or other financial accommodation hereunderthe Lender Parties entering into this Agreement, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does Loan Party hereby fully and completely release, acquit unconditionally releases and forever discharge discharges each of the Administrative Agent, Issuing Lender Agents (and each Lendertheir predecessors) and the Lenders (in their capacities as such under the Existing Credit Agreement), and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders subsidiaries, Affiliates, attorneys, agents and agents representatives, (hereinafter called collectively, in their capacities as such under the “Lender Parties”)Existing Credit Agreement, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, allegations, causes of action, suits, debts, disputes, damages, claims, obligations, costs or demands and liabilities, costsof whatever kind or nature, expenses, fees (including, without limitation, reasonable attorneys’ fees) up to and demands of any kind whatsoever, at law or in equityincluding the date on which this Agreement is executed, whether matured known or unmaturedunknown, liquidated or unliquidated, vested fixed or contingent, ▇▇▇▇▇▇ asserted or inchoateunasserted, known foreseen or unknown that unforeseen, matured or unmatured, suspected or unsuspected, anticipated or unanticipated, which any Loan Party has, had, claims to have had or hereafter claims to have against the Releasing Released Parties (by reason of any act or omission on the part of the Released Parties, or any of them) have , occurring prior to the date on which this Agreement is executed, including all such loss or damage of any kind heretofore sustained or that may havearise as a consequence of the dealings among the parties up to and including the date on which this Agreement is executed, regarding or relating to the Existing Credit Agreement, any of the Loan Documents (as in effect immediately prior to the Effective Date), the borrowings or other extensions of credit or financial accommodations thereunder or any of the other Obligations thereunder, including administration or enforcement thereof (collectively, the “Claims”). Each Loan Party represents and warrants that it has no knowledge of any Claim by it against the Released Parties or of any facts or acts of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any omissions of the Released Parties have had an opportunity to which on the Effective Date would be heard) which determination includes the basis of a specific finding that one of Claim by such Person against the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductwhich is not released hereby. Each Borrower acknowledges Loan Party represents and warrants that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as constitutes a full and complete defense and may release of all Claims. Notwithstanding anything to the contrary contained herein, the foregoing release shall not be used as applicable to the extent a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach court of competent jurisdiction has determined the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under have acted with gross negligence, bad faith or willful misconduct in connection with any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofsuch Claims.

Release. For The Borrower hereby represents and warrants that the Credit Agreement and the other Loan Documents are enforceable in consideration accordance with their respective terms (except as the enforcement thereof may be limited by applicable bankruptcy, insolvency or similar law affecting creditors’ rights generally and by general principles of equity) and are not subject to any defenses or offsets of any Loan kind whatsoever (“Defenses”) and each advance that there are no liabilities, claims, suits, debts, liens, losses, causes of action, demands, rights, damages or other financial accommodation hereundercosts, each Borroweror expenses of any kind, voluntarilycharacter or nature whatsoever, knowinglyknown or unknown, unconditionallyfixed or contingent (collectively, and irrevocablythe “Claims”), with specific and express intentwhich the Borrower may have or claim to have against the Administrative Agent or any Lender, for and on behalf or any of itself and its their respective affiliates, agents, employees, officers, directors, representatives, attorneys, heirs, successors, successors and assigns (collectively the “Releasing Parties”) does hereby fully and completely releasecollectively, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), which might arise out of or be connected with or related to any act of commission or omission of the Lender Released Parties existing or occurring on or prior to the date of this Amendment relating to or arising out of or in connection with the Obligations or any Loan Document or any other agreement or transaction contemplated thereby. In furtherance of the foregoing, the Borrower hereby waives, releases, acquits and forever discharges the Lender Released Parties from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ feesi) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to Defenses which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties date hereof in connection with or relating to the Credit Agreement or any other Released Parties under any lawLoan Document, rule and (ii) Claims that the Borrower may have or regulation of any jurisdiction that would or could claim to have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof, relating to or arising out of or in connection with or relating to the Obligations or any Loan Document or any other agreement or transaction contemplated thereby or any action taken in connection therewith from the beginning of time up to and including the date of the execution and delivery of this Amendment. The Borrower further agrees forever to refrain from commencing, instituting or prosecuting any lawsuit, action or other proceeding against any Lender Released Parties with respect to any and all Claims expressly released herein.

Release. For By its execution hereof and in consideration of any the mutual covenants contained herein and other accommodations granted to the Loan and each advance or other financial accommodation Parties hereunder, each BorrowerLoan Party, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and each of its Subsidiaries, and its or their successors, assigns and agents, attorneyshereby expressly forever waives, heirsreleases and discharges any and all claims (including, successorswithout limitation, cross-claims, counterclaims, and assigns rights of setoff and recoupment), causes of action (collectively whether direct or derivative in nature), demands, suits, costs, expenses and damages (collectively, the “Releasing PartiesClaims”) does hereby fully any of them may, as a result of actions or inactions occurring on or prior to the Amendment Effective Date, have or allege to have as of the Amendment Effective Date (and completely releaseall defenses that may arise out of any of the foregoing) of any nature, acquit and forever discharge description, or kind whatsoever, based in whole or in part on facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in law, at equity or otherwise, against the Administrative Agent, Issuing Lender and each Agent or any Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companiesagents, principals, managers, managing members, members, stockholders, “controlling persons” (within the meaning of the United States federal securities laws), directors, officers, employees, shareholders attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions administrators of each of the Lender Partiesforegoing (collectively, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)) arising out of, of and from any and all actionsor relating to, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Forbearance Agreement, this Amendment, the Term Loan Agreement, the other than Loan Documents and any claim as to which a final determination is made in a judicial proceeding (in which or all of the Administrative Agent actions and Lenders transactions contemplated hereby or thereby, including any actual or alleged performance or non-performance of any of the Released Parties have had an opportunity hereunder or under the other Loan Documents. Each Loan Party hereby acknowledges that the agreements in this Section 7 are intended to be heard) which determination includes a specific finding that one in full satisfaction of all or any alleged injuries or damages arising in connection with the Claims. In entering into this Amendment, each Loan Party expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower and hereby agrees and acknowledges that the foregoing release is a material inducement to Administrative Agent’s validity and each Lender’s decision to extend to Borrower effectiveness of the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release releases set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against does not depend in any actionway on any such representation, suit acts and/or omissions or other proceeding which may be institutedthe accuracy, prosecuted completeness, or attempted in breach validity thereof. The provisions of this paragraph shall survive the termination or expiration of the provisions Forbearance Period and the termination of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally Loan Documents and expressly waives the payment in full in cash of all Obligations of the Loan Parties under or in respect of the Term Loan Agreement and relinquishes any other Loan Documents and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofamounts owing thereunder.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its affiliates, and its or their successors, assigns and agents, attorneyshereby expressly forever waives, heirsreleases and discharges any and all claims (including, successorswithout limitation, cross-claims, counterclaims, and assigns rights of setoff and recoupment), causes of action (collectively whether direct or derivative in nature), demands, suits, costs, liabilities, responsibilities, disputes, obligations, expenses and damages (collectively, the “Releasing PartiesClaims”) does hereby fully any of them may have or allege to have as of the date of this Amendment (and completely releaseall defenses that may arise out of any of the foregoing) of any nature, acquit and forever discharge the Administrative Agentdescription, Issuing or kind whatsoever, based in whole or in part on facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in law, at equity or otherwise, against either Lender and each Lenderor Holder, and each or any of their respective successors, assigns, heirssubsidiaries, affiliates, subsidiaries, parent companiesagents, principals, managers, managing members, members, stockholders, “controlling persons” (within the meaning of the United States federal securities laws), directors, officers, employees, shareholders attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions administrators of each of the Lender Partiesforegoing (collectively, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), ) arising out of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Existing Loan Agreement, other than the Existing Loan Documents, the Existing Warrant Agreement, the Loan Agreement, the Loan Documents and any claim as to which a final determination is made in a judicial proceeding (in which or all of the Administrative Agent actions and Lenders transactions contemplated hereby or thereby, including any actual or alleged performance or non-performance of any of the Released Parties have had an opportunity under the Existing Loan Agreement, the Existing Loan Documents, the Existing Warrant Agreement, the Loan Agreement and the Loan Documents; provided that nothing in this Amendment shall be deemed to release Lender from any of its obligations under the Loan Agreement or Holder from any of its obligations under the Existing Warrant Agreement. Each Borrower hereby acknowledges that the agreements in this Section 6 are intended to be heard) which determination includes a specific finding that one in full satisfaction of all or any alleged injuries or damages arising in connection with the Claims. In entering into this Amendment, each Borrower expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower and hereby agrees and acknowledges that the foregoing release is a material inducement to Administrative Agent’s validity and each Lender’s decision to extend to Borrower effectiveness of the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release releases set forth above may be pleaded as a does not depend in any way on any such representation, acts and/or omissions or the accuracy, completeness, or validity thereof. The provisions of this Section 6 shall survive (i) the entry into the Loan Agreement and the Loan Documents, the payment in full and complete defense and may be used as a basis for an injunction against any action, suit of all Secured Obligations of Borrowers under or other proceeding which may be instituted, prosecuted or attempted in breach respect of the provisions Loan Agreement and the other Loan Documents and all other amounts owing thereunder and the termination of all such release. To Loan Documents and (ii) the furthest extent permitted exercise by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes Holder of any and all of its rights and benefits that it respectively may have as against any of under the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofExisting Warrant Agreement.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunderEffective on the Closing Date, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intentStockholder, for and on behalf of itself and each of its agents, attorneysAffiliates, heirs, successorsadministrators, executors and assigns (collectively each of the foregoing, a “Releasing PartiesParty”) does ), hereby fully irrevocably and completely release, acquit unconditionally releases and forever discharge the Administrative Agent, Issuing Lender discharges East and its Subsidiaries and each Lenderother Person who is now, or who will have been at any time prior to the Closing, an officer, director, direct or indirect stockholder, general partner, member or manager of East and its Affiliates or any of their present or former Subsidiaries or Affiliates (or a fiduciary of any employee benefit plan of East or any of its Subsidiaries), and each Person controlling any of their respective successorsthe foregoing Persons (each of the foregoing, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the a “Lender PartiesReleased Party”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, causes of actionrights, suitsobligations, debts, disputes, damages, claims, obligations, liabilities, costsactions or causes of action of every kind and nature, expenseswhether foreseen or unforeseen, fees (includingcontingent or actual, without limitationand whether now known or hereafter discovered, reasonable attorneys’ fees) and demands which any of any kind whatsoeverthe Releasing Parties had, now has or may in the future have, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or against any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before Party arising through the date of this Agreement. Notwithstanding the foregoing, other than this release will not be deemed to waive and release any claim claims or rights of such Stockholder (i) as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders an officer or director of East or any of the Released Parties have had an opportunity its Subsidiaries with respect to be heard) any claims or rights to indemnification, exculpation, reimbursement or advances of expenses under their respective organizational documents, each as amended to date, under any agreement to which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release such Stockholder is a material inducement to Administrative Agent’s party or under the Merger Agreement, (ii) for accrued and each Lender’s decision to extend to Borrower earned, but unpaid wages through the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 date of such release. To the furthest extent permitted by lawStockholder’s termination of employment with East and its Subsidiaries, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of (iii) for unpaid reimbursements for duly incurred business expenses through the date hereofof such Stockholder’s termination of employment with East and its Subsidiaries in accordance with applicable policies of East and its Subsidiaries, (iv) to participate in continuation coverage under the medical plans of East and its Subsidiaries pursuant to COBRA, or (v) that may not be waived under applicable Law (items (i) through (v) are “Carveouts”).

Release. For In order to induce the Current Noteholders to enter into this Agreement, the Obligors acknowledge and in consideration agree that: (a) neither the Company nor any of its Subsidiaries has any Loan and each advance claim or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf cause of itself and its agents, attorneys, heirs, successors, and assigns action against any of the Current Noteholders (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each or any of their respective successorsdirectors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directorstrustees, officers, employees, shareholders and agents attorneys, advisors or agents) relating to or arising out of the Existing Note Agreement, the Existing Notes, the Subsidiary Guaranty, the Existing Pledge Agreement, the Existing Sharing Agreement or any agreement entered into in connection therewith (hereinafter called collectively, the “Lender PartiesExisting Financing Documents”); (b) neither the Company nor any of its Subsidiaries has any offset right, counterclaim or defense of any kind against any of their respective obligations, indebtedness or liabilities to any of the Current Noteholders; and (c) each of the Current Noteholders and the Collateral Agent has heretofore properly performed and satisfied in a timely manner all of its obligations to the Company and its Subsidiaries under the Existing Financing Documents. The Obligors wish to eliminate any other personpossibility that any past conditions, firmacts, businessomissions, corporationevents, insurercircumstances or matters would impair or otherwise adversely affect any of the Current Noteholders’ or the Collateral Agent’s rights, interests, contracts, or association which may be responsible remedies under the Existing Financing Documents, whether known or liable for the acts or omissions unknown, as applicable. Therefore, each of the Lender PartiesObligors (in the case of the Subsidiary Guarantors, or who may be liable for pursuant to the injury or damage resulting therefrom acknowledgement and agreement on the signature pages hereto) unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from x) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Current Noteholders and the Collateral Agent to the Company or any of its Subsidiaries, except the obligations to be performed by any of them on or after the date hereof as expressly stated in the Financing Documents, as such obligations may be modified pursuant to the terms of this Agreement, and (y) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured known or unmaturedunknown, liquidated which the Company or unliquidatedits Subsidiaries might otherwise have against any Current Noteholder, vested the Collateral Agent or contingentany of their respective directors, ▇▇▇trustees, officers, employees or agents, in either case (x) or (y), whether known or unknown, on account of any past or presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, circumstance or matter of any kind. Neither the Collateral Agent nor any Current Noteholder shall be liable with respect to, and the Company and each Subsidiary Guarantor hereby waives, releases and agrees not to ▇▇▇ for, any special, indirect or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) consequential damages relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties Agreement or any other Released Parties under any lawFinancing Document or arising out of its activities in connection herewith or therewith (whether before, rule on or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of after the date hereof).

Release. For and in In consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallyfor the accommodations provided pursuant to this Amendment, and irrevocablyacknowledging that Agent and the Lenders will be specifically relying on the following provisions as a material inducement in entering into this Amendment, with specific and express intentfor other good and valuable consideration, for the receipt and on behalf sufficiency of itself which is hereby acknowledged, Borrowers and its Guarantor hereby releases, remises and forever discharges Agent and the Lenders and their respective agents, attorneysservants, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principalsemployees, directors, officers, employeesattorneys, shareholders accountants, consultants, affiliates, representatives, receivers, trustees, subsidiaries, predecessors, successors and agents assigns (hereinafter called the “Lender Parties”)collectively, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actions, causes of action, suits, debts, disputesclaims, damages, claimslosses, demands, liabilities, obligations, liabilitiesactions and causes of action whatsoever (whether arising in contract or in tort, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, whether at law or in equity), whether known or unknown, matured or unmaturedcontingent, liquidated or unliquidated, vested in any way arising from, in connection with, or contingent, ▇▇▇▇▇▇ in any way concerning or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Loan Agreement, the other than Loan Documents, and/or any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or dealings with any of the Released Parties have had an opportunity in connection with the transactions contemplated by such documents or this Amendment prior to date hereof. This release shall be heardand remain in full force and effect notwithstanding the discovery by Borrowers and Guarantor after the date hereof (a) which determination includes a specific finding of any new or additional claim against any Released Party, (b) of any new or additional facts in any way relating to the subject matter of this release, (c) that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been any fact relied upon by it was incorrect or (d) that any representation made by any Released Party was untrue or that any Released Party concealed any fact, circumstance or claim relevant to Borrowers’ and Guarantor’s execution of this release; provided, however, this release shall not extend to any claims arising after the Lenders in agreeing to make the Loans and in making each advance execution of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofthis Amendment.

Release. For In order to induce the Agent and in consideration the Lenders to enter into this Amendment, the Borrower and the Guarantors acknowledge and agree that: (a) they do not have any claim or cause of action against the Agent or any Loan and each advance of the Lenders (or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each any of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (b) they do not have any offset right, shareholders counterclaim or defense of any kind against any of its obligations, indebtedness or liabilities to the Agent and agents the Lenders; and (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions c) each of the Lender PartiesAgent and the Lenders have heretofore properly performed and satisfied in a timely manner all of their obligations to the Borrower and the Guarantors. The Borrower and the Guarantors wish to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Agent's or damage resulting therefrom the Lenders' rights, interests, contracts, collateral security or remedies. Therefore, the Borrower and the Guarantors unconditionally release, waive and forever discharge (collectively the “Released Parties”), of and from i) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of either of the Agent or any of the Lenders to the Borrower or any Guarantor, except the obligations to be performed by the Agent and the Lenders as expressly stated in the Credit Agreement, as amended hereby, and the other Credit Documents, and (ii) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which the Releasing Parties (Borrower or any Guarantor might otherwise have against the Agent or any of them) have or may have, against the Released Parties Lenders or any of them their directors, officers, employees or agents, in either case (whether directly i) or indirectly(ii) relating to events on account of any condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, circumstance or matter of any kind whatsoever arising or occurring on or before prior to the date of this AgreementAmendment. Except as prohibited by law, other than the Borrower and the Guarantors hereby waive any right they may have to claim as to which a final determination is made or recover in a judicial proceeding (in which any litigation involving the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lenders, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Borrower and the Guarantors (A) certify that no representative, agent or attorney of any Lender or the Agent has represented, expressly or otherwise, that such Lender or the Agent would not, in the event of litigation, seek to be heardenforce the foregoing waivers, releases and discharges, and (B) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges acknowledge that the foregoing release is a material inducement to Administrative Agent’s Agent and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders have been induced to enter into this Amendment by, among other things, the waivers, releases, discharges and certifications contained herein. The waivers, releases and discharges in agreeing to make the Loans and in making each advance this paragraph shall be effective regardless of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule event that may occur or regulation of any jurisdiction that would not occur on or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of after the date hereof.

Release. For In order to induce the Administrative Agent and in consideration the Lenders to enter into this Amendment, each of the Nexstar Entities acknowledges and agrees that: (i) none of the Nexstar Entities, Credit Parties or any of their Affiliates have any claim or cause of action against the Administrative Agent or any Lender (or any of their respective directors, officers, employees or agents); (ii) none of the Nexstar Entities, Credit Parties or any of their Affiliates have any offset right, counterclaim, right of recoupment or any defense of any Loan kind against the Nexstar Entities', Credit Parties' or any of their Affiliates' obligations, indebtedness or liabilities to the Administrative Agent or any Lender; and (iii) each advance of the Administrative Agent and the Lenders has heretofore properly performed and satisfied in a timely manner all of its obligations to the Nexstar Entities, Credit Parties and any of their Affiliates. Each of the Nexstar Entities, Credit Parties and their Affiliates wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf matters would impair or otherwise adversely affect any of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent's and the Lenders' rights, Issuing Lender and interests, contracts, collateral security or remedies. Therefore, each Lenderof the Nexstar Entities, Credit Parties and each of their respective successorsAffiliates unconditionally releases, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders waives and agents forever discharges (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from A) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent or any Lender to the Borrower, except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Amendment, the Credit Agreement and the other Loan Documents, and (B) all claims, offsets, causes of action, suitsright of recoupment, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (unknown, which any Nexstar Entity, Credit Party or any of them) their Affiliates might otherwise have or may have, against the Released Parties Administrative Agent, any Lender or any of them their respective directors, officers, employees or agents (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent Agent, the Lenders and Lenders their respective directors, officers, employees and agents, are collectively referred to herein as the "Lender Parties") in either case (A) or (B), on account of any past or presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, circumstance or matter of any kind. Each of the Nexstar Entities, Credit Parties and each of their Affiliates agree not to s▇▇ any of the Released Lender Parties have had an opportunity to be heard) which determination includes a specific finding that one or in any way assist any other person or entity in suing any of the Released Lender Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductrespect to any claim released herein. Each Borrower acknowledges that the foregoing This release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.contained herein

Release. For and in consideration of any Loan Effective upon execution hereof, Gaiam Travel Parent and each advance or other financial accommodation hereunderSeller, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself or himself, as applicable, and its agents, attorneys, heirs, successors, or his Affiliates and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, directors and employees, shareholders hereby irrevocably waives, releases and agents (hereinafter called discharges the “Lender Parties”)Company and its officers, directors and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and employees from any and all actionsclaims, causes of action, suitsliabilities, debtslosses, disputescosts, damages, claimspenalties, obligationscharges, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) expenses and demands all other forms of any kind liability or obligation whatsoever, at in law or in equity, whether matured asserted or unmaturedunasserted, liquidated known or unliquidatedunknown, vested foreseen or contingentunforeseen, arising prior to the date hereof and relating to the Company, the Business, any Purchased Share or any Contemplated Transactions (collectively, the “Released Claims”); provided, however, that the Released Claims shall exclude any claims arising from or relating to or in connection with (i) rights under this Agreement or any of the Collateral Agreements; (ii) in the case of Gaiam Travel Parent and its Affiliates, any of the claims pursuant to that certain Lease Agreement by and between Boulder Road LLC and the Company, dated as of April 30, 2015, as amended from time to time (the “Company Headquarters Lease”), to the extent set forth on Schedule 6.07; (iii) in the case of Gaiam Travel Parent and its Affiliates, any of the amounts due and payable to such Persons as set forth on Schedule 1.01(d); or (iv) in the case of ▇▇▇▇▇▇ or inchoate▇▇▇, known or unknown that (x) any claim to indemnification under and in accordance with the Releasing Parties (or any Organizational Documents of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring Company as in effect on or before the date of this Agreementhereof, other than or (y) any claim as ordinary course accrued liabilities and obligations incurred in connection with ▇▇▇▇▇▇▇▇’▇ employment by the Company prior to which a final determination is made in a judicial proceeding the date hereof (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannere.g., illegal manner or with actual willful misconductaccrued salary, vacation, expense reimbursements, etc.). Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s Seller and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees Gaiam Travel Parent expressly acknowledge that the release set forth above may be pleaded contained herein applies to all Released Claims as a full defined herein, whether such Released Claims are known or unknown, and complete defense include Released Claims which if known by the releasing party might materially affect its decision to effect the settlement contained herein. Each Seller and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted Gaiam Travel Parent have considered and taken into account the possible existence of such Released Claims in breach determining to execute and deliver this Agreement. Without limiting the generality of the provisions of such release. To the furthest extent permitted by lawforegoing, Borrower hereby knowingly, voluntarily, intentionally each Seller and Gaiam Travel Parent expressly waives and relinquishes waive any and all rights and benefits conferred upon them by any Applicable Law that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction provides that would or could have the effect of limiting the extent to which a general release extends does not extend to claims which any of the Releasing Parties releasing party does not know or suspect to exist as in its favor at the time of executing the date hereofrelease, which if known by the releasing party would have materially affected the releasing party’s settlement with the released parties. This Agreement constitutes a complete defense of any and all Released Claims. Each Seller and Gaiam Travel Parent agree that such Seller and Gaiam Travel Parent will not seek, nor will such Seller or Gaiam Travel Parent be entitled to, reimbursement or contribution from, subrogation to, or indemnification by the Company, under their Organizational Documents, this Agreement, Applicable Laws or other legal requirements or otherwise, in respect of any amounts due from any Seller or Gaiam Travel Parent to any Purchaser Party under Article VII or otherwise in connection with this Agreement.

Release. For The Parties agree to each release the other of all obligations, liabilities and in consideration costs arising under the Existing CECO 2 PPA as of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallythe Effective Date, and irrevocablyto further release each other regarding potential claims against one another and related to differing interpretations of the Existing CECO 2 PPA (the “PPA and Related Potential Claims”). Such claims include, with specific without limitation, the obligations to deliver, sell, receive and express intentpurchase energy and capacity under the Existing CECO 2 PPA, and disputes related to: (a) the payment for Delivered Energy (as such term is defined in the Existing CECO 2 PPA) delivered by NEA and received by CECO in excess of CECO’s entitlement; (b) the application of Article X(i), as set forth in the Existing CECO 2 PPA; (c) the allocation of certain congestion charges/credits imposed by the ISO; and (d) the pricing for the full term of the Existing CECO 2 PPA. The Parties agree that it is in their mutual best interests to waive such PPA and Related Potential Claims and to release each other from liability thereunder. Therefore, as of the Effective Date, the Parties, intending to be legally bound on behalf of itself themselves and its agentstheir past, attorneyspresent and future parents, heirssubsidiaries, affiliates, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successorspredecessors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, agents, attorneys, insurers, employees, shareholders stockholders, members, partners and agents (hereinafter called the “Lender Parties”)representatives ABSOLUTELY, IRREVOCABLY, AND UNCONDITIONALLY, FULLY AND FOREVER ACQUIT, RELEASE, AND DISCHARGE AND COVENANT NOT TO ▇▇▇ each other and any other personand all of their past, firmpresent and future parents, businesssubsidiaries, corporationaffiliates, insurersuccessors, or association which may be responsible or liable for the acts or omissions of the Lender Partiespredecessors, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)assigns, of directors, officers, agents, attorneys, insurers, employees, stockholders, members, partners and representatives, from any and all actionsclaims, causes of action, suitsdemands, debtsobligations, disputescharges, complaints, controversies, damages, claims, obligations, liabilities, costs, expenses, fees (includingjudgments, without limitationguarantees, reasonable attorneys’ fees) agreements, or defaults of every and demands any nature, relating to or arising out of any kind whatsoeverthe PPA and Related Potential Claims, at whether in law or equity and whether arising in equitycontract (including breach), whether matured tort or unmaturedotherwise, liquidated and irrespective of fault, negligence or unliquidatedstrict liability, vested or contingentwhich a Party may have had, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may now have, against prior to the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofEffective Date.

Release. For ‌ 6.1 Upon the entry of the Final Order and in consideration of any Loan Judgment, Plaintiffs and each advance or other financial accommodation hereunderSettlement Class Member, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself themselves and its their current and former/predecessor agents, heirs, executors and administrators, successors, assigns, insurers, attorneys, heirsrepresentatives, successorsshareholders, and assigns any and all persons who in the future seek to claim through or in the name or right of any of them (collectively the “Releasing Parties”) does hereby fully and completely release), acquit release and forever discharge the Administrative Agent(as by an instrument under seal without further act by any person, Issuing Lender and each Lenderupon good and sufficient consideration), Defendants and each of their respective successorscurrent or former administrators, assignsinsurers, heirsreinsurers, affiliatesagents, subsidiariesfirms, parent companies/corporations, principalssister companies/corporations, subsidiaries and affiliates (including without limitation Mercedes-Benz US International), and all other entities, including without limitation manufacturers, suppliers, and distributors (including wholesale and retail distributors), and affiliated dealerships, and all of the foregoing persons’ or entities’ respective predecessors, successors, assigns and present and former officers, directors, officersshareholders, employees, shareholders and agents agents, attorneys, representatives, as well as their insurers (hereinafter called the “Lender Parties”)collectively, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”) from each and every claim of liability, on any legal or equitable ground whatsoever, including relief under federal law or the laws of any state, that were or could have been made regarding or related to the Litigation Claims, but not including claims for personal injury, wrongful death, or emotional distress (the “Released Claims”). 6.2 The releases provided for herein are as a result of membership as a Settlement Class Member or status as a Person with a legal right to assert claims of a Settlement Class Member, the Court’s approval process herein, and occurrence of the Effective Date, and from are not conditional on receipt of payment by any particular Settlement Class Member. Persons who, after the date of the Preliminary Approval Order, acquire legal rights to assert claims within the scope of this Agreement that belong initially to a Settlement Class Member shall take such rights subject to all of the terms, time periods, releases, caps, prohibitions against overlapping or double recoveries, and other provisions contained herein. 6.3 The release provided by this Agreement shall be and is broad and expansive and shall include the release of all actions, causes of action, suits, debts, disputes, damages, claimsburdens, obligationsobligations of liability of any sort, liabilities, costs, expenses, fees (including, without limitation, reasonable penalties, punitive damages, exemplary damages, statutory damages, damages based upon a multiplication of compensatory damages, court costs, or attorneys’ fees) and demands of fees or expenses, which might otherwise have been made in connection with any kind whatsoeverReleased Claims. However, at law excluded from this release are any claims for personal injury, wrongful death, or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown emotional distress. 6.4 The release includes all claims that the Releasing Parties (or any of them) have or may havehereafter discover including, against without limitation, claims, injuries, damages, or facts in addition to or different from those now known or believed to be true with respect to any matter disposed of by this settlement. The Releasing Parties have fully, finally, and forever settled and released any and all such claims, injuries, damages, or facts, whether known or unknown, suspected or unsuspected, contingent or non-contingent, past or future, whether or not concealed or hidden, which exist, could exist in the Released future, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future related to matters arising from or in any way related to, connected with, or resulting from the Litigation Claims, including, but not limited to, conduct which is negligent, reckless, willful, intentional, with or without malice, or a breach of any duty, law, or rule, without regard to the subsequent discovery or existence of such different or additional facts. 6.5 The Releasing Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any shall be deemed by operation of the Released Parties Final Order and Judgment in the Litigation to have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges acknowledged that the foregoing release is was separately bargained for and a material inducement to Administrative Agent’s key element of this Settlement of which the releases herein are a part. The Releasing Parties expressly and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the intentionally 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively which they now have or in the future may have as against any under the terms of the Lender law (whether statutory, common law, regulation, or otherwise) of any other state or territory of the United States within the scope of the Released Claims. 6.6 Class Counsel shall cooperate with Released Parties to ensure that the releases set forth in the Final Approval Order are given their full force and effect (including by seeking the inclusion of the releases in the Final Order and Judgment and the Reimbursement Claims Forms) and to ensure that Releasing Parties comply with their obligations set forth in this Agreement. 6.7 In the event that any Releasing Party seeks to invoke California Civil Code § 1542, which provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. (or any other Released Parties under any law, rule like provision or regulation principle of law of any jurisdiction jurisdiction) in connection with the Litigation Claims, the Releasing Parties and each of them expressly waive the provision of California Civil Code § 1542 (or any other like provision or principle of law of any jurisdiction) to the full extent that would or could have the effect of limiting the extent these provisions may be applicable to which a general release extends to claims which any this release. Each of the Releasing Parties does hereby does, and shall be deemed to, have considered the possibility that the number or magnitude of all claims may not know currently be known; nevertheless, each of the Releasing Parties assumes the risk that claims and facts additional, different, or suspect contrary to the claims and facts that each believes or understands to exist as may now exist or may be discovered after the settlement becomes effective. Each of the date hereofReleasing Parties agrees that any such additional, different, or contrary claims and facts shall in no way limit, waive, or reduce the foregoing release, which shall remain in full force and effect. Nothing in this paragraph shall be construed as modifying or limiting the other provisions of the settlement concerning the potential availability of claims. Nothing in this paragraph shall be construed as waiving or releasing any personal injury, wrongful death, or emotional distress claims. 6.8 No Releasing Party shall recover, directly or indirectly, any sums for Released Claims from the Released Parties, other than consideration and sums received under this Agreement and that the Released Parties shall have no obligation to make any payments to any non-parties for liability arising out of the Released Claims, other than as set forth in this Settlement.

Release. For 3.1 This deed is in full and in consideration of final settlement of (a) subject to Clauses 3.2, 3.3, 3.4 and 3.5 all sums owing or which may become owing, all and/or any Loan and each advance actions, claims, rights, demands, whether or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallynot presently known or suspected, and irrevocablywhether actual or contingent, with specific from the beginning of time up to and express intentincluding the date of this Deed, for and that Amarin, on behalf of itself and and/or any of its agents, attorneys, heirspredecessors, successors, parents, subsidiaries, affiliates, related entities, and assigns the assigns, transferees, representatives, principals, agents, officers, directors and shareholders of any of them, acting in such capacity (collectively the “Amarin Releasing Parties”) does hereby fully and completely releaseever had, acquit and forever discharge the Administrative Agentmay have or hereafter can, Issuing Lender and each Lendershall or may have against Elan, and each all of their respective Elan’s predecessors, successors, assignsparents, heirssubsidiaries, affiliates, subsidiariesrelated entities, parent companiesand the assigns, transferees, representatives, principals, directorsagents, officers, employeesdirectors and shareholders of any of them, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom acting in such capacity (collectively the “Elan Released Parties”)) arising in connection with or related to the Elan Debt Agreements, of the Elan Charge and from the Zelapar Agreement (the “Amarin Released Claims”) and of: (b) subject to Clauses 3.2, 3.3, 3.4 and 3.5 all sums owing or which may become owing, all and/or any and all actions, causes of action, suits, debts, disputes, damages, claims, obligationsrights, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equitydemands, whether matured or unmaturednot presently known or suspected, liquidated or unliquidated, vested and whether actual or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that from the Releasing Parties (or any beginning of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating time up to events occurring on or before and including the date of this AgreementDeed, that Elan, on behalf of itself and/or any of its predecessors, successors, parents, subsidiaries, affiliates, related entities, and the assigns, transferees, representatives, principals, agents, officers, directors and shareholders of any of them, acting in such capacity (collectively the “Elan Releasing Parties”) ever had, may have or hereafter can, shall or may have against Amarin, all of Amarin’s predecessors, successors, parents, subsidiaries, affiliates, related entities, and the assigns, transferees, representatives, principals, agents, officers, directors and shareholders of any of them, acting in such capacity (collectively the “Amarin Released Parties”) arising in connection with or related to the Elan Debt Agreements, the Elan Charge and the Zelapar Agreement (the “Elan Released Claims”). 3.2 Nothing in this Deed shall prevent either party making any clams or demands in respect of the Warrant Instrument, the Loan Instrument, the Elan Charge (as amended by the Debenture Amendment Agreement No. 2) or any other than agreement of even date herewith to include for the avoidance of doubt any claim other Restructuring Document or other document described in the “Escrow Letter” of today’s date entered into by Amarin and Elan Corp, in respect of claims arising solely in connection with matters on or after the date of this Deed or any other agreement or arrangement entered into between the parties and/or their respective subsidiary companies subsequent to the parties entering into this Deed 3.3 Nothing in this Deed shall be deemed a release of or otherwise prejudice or affect: (a) EIS’ or Monksland’s rights as ordinary shareholders of Amarin, except to which the extent of the releases provided by the Amarin Releasing Parties to the Elan Released Parties on their behalf, nor their rights under the Registration Rights Agreement dated as of 21 October 1998 and amended by Amendment No. 1 and Waiver dated 27 January 2003 between Amarin, EIS and Monksland; (b) any right of any party to enforce the provisions of this Deed; (c) without prejudice to the generality of the foregoing, any right the Elan Releasing Parties or the Amarin Released Parties may have against the Elan Releasing Parties, the Amarin Released Parties and/or Valeant under (i) the Permax Assignment and Assumption Agreement between EP Inc., Amarin and Valeant Pharmaceuticals International; (ii) the Zelapar Assignment and Assumption Agreement between EPIL and Amarin; (iii) the Zelapar Assignment and Assumption Agreement between Amarin, EPIL and Valeant Pharmaceuticals International; and in particular the rights to indemnification provided thereunder; (d) any provision of any agreement requiring confidential information of a final determination is made party to be kept confidential and/or not misused by the other party; (e) the provisions relating to product liability set out in a judicial proceeding (Clauses 3.4 and 3.5 below; and accordingly, the Elan Debt Agreements and the Zelapar Agreement are deemed terminated with effect from the date of this Deed if not already terminated, so that only the post-termination restrictions on confidentiality shall apply. 3.4 EP Inc and Amarin retain their respective rights and are subject to such obligations as are set out in which Clause 4 of the Administrative Agent Assignment and Lenders Assumption Agreement relating to Permax with effective date 29th March 2002. 3.5 Elan Corp represents and warrants to Amarin that to Elan’s knowledge there are no Proceedings or pending Proceedings that have been commenced against Elan or any of its subsidiaries relating to the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one use of the Released Parties acted product Zelapar in the Clinical Trials. Additionally, to Elan’s knowledge, no such Proceeding has been threatened nor to Elan’s knowledge is Elan aware of any circumstances which are likely to give rise to any Claim (as defined below). 3.6 Amarin shall indemnify Elan from and against any claim, damage or loss, including reasonable attorneys’ fees (a grossly negligent manner“Claim”), illegal manner or with actual willful misconduct. Each Borrower acknowledges to the extent that such Claim is related to the use of Zelapar in the Clinical Trials save that the foregoing release indemnity shall not apply: (a) to the extent a Claim is a material inducement attributable to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon an act or omission of Elan constituting negligence, recklessness, wilful misconduct or fraud by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 Elan; and/or (b) where Elan is breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally warranty and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist representation set out in Clause 3.5 Claim has been commenced as of the date hereofof this Deed or, to the actual knowledge of Elan, is threatened as of the date of this Deed.

Release. For and in consideration of any the Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender Agent and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, DM3\2429630.8 vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductmisconduct or illegal activity. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.

Release. For Effective (x) with respect to the Theravance Initial Released Claims (as defined below), upon the Closing (and in consideration irrespective of any Loan whether the Innoviva Closing occurs), and each advance or other financial accommodation hereunder(y) with respect to the Theravance Subsequent Released Claims (as defined below), upon the Innoviva Closing (provided the Innoviva Closing occurs within three (3) business days of the Closing), each Borrowerof Theravance Biopharma and GSK, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and each of its affiliates and subsidiaries (collectively, the “Theravance Biopharma/GSK Releasing Parties”), hereby unconditionally and forever releases, waives and discharges all claims, actions, causes of action, choses in action, suits, debts, damages, dues, sums of money, accounts, reckonings, bonds, bills, specialties, controversies, variances, trespasses, judgments, remedies, rights of set-off, third-party claims, subrogation claims, contribution claims, reimbursement claims, indemnity claims, counterclaims, and crossclaims, whether known or Unknown Claims, liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, whether direct, indirect, derivative, or otherwise, and whether arising in law, equity or otherwise (collectively, “Causes of Action”) that could have been, or may be, asserted by or on behalf of such Theravance Biopharma/GSK Releasing Party against the other Theravance Biopharma/GSK Releasing Party and its affiliates or subsidiaries and the respective current and former officers, managers, affiliates, subsidiaries, partners, directors, employees, agents, members, shareholders, securities holders, note holders, advisors and professionals (including any attorneys, heirsaccountants, successorsconsultants, financial advisors, investment bankers and other professionals retained by such persons) of such other parties and the affiliates and subsidiaries thereof, together with their respective successors and assigns, each solely in its capacity as such (collectively, the “Theravance Biopharma/GSK Released Parties”), to the extent, in each case, based on any act, omission, transaction, event, occurrence or facts or circumstances taking place, being omitted, existing or otherwise arising prior to (i) the Closing (the “Theravance Initial Released Claims”), or (ii) the Innoviva Closing (the “Theravance Subsequent Released Claims”), and, in each case (i) and (ii), relating to (a) that certain Collaboration Agreement, dated as of November 14, 2002, as amended on April 11, 2006 and March 3, 2014, by and between Innoviva and GSK (the “Collaboration Agreement”), (b) the Master Agreement, (c) that certain Extension Agreement, dated as of March 3, 2014, by and between Theravance Biopharma and GSK (the “Extension Agreement”), and assigns (collectively d) the EPAs, in each case including any and all related or ancillary agreements, certificates or documents ((i) and (ii) collectively, the “Theravance Released Claims”). Notwithstanding the foregoing and anything contrary set forth herein, nothing in this Agreement shall constitute a termination of the Collaboration Agreement, the Extension Agreement or the EPAs, in each case including any and all related or ancillary agreements, certificates or documents, nor a waiver, release, discharge or termination of any right to receive royalties payable by GSK (and related matters) following the Closing, and nothing herein shall limit or affect in any manner GSK’s ownership, intellectual property and control rights with respect to the Collaboration Products (as defined in the Collaboration Agreement) under the Collaboration Agreement. Effective (x) with respect to the Innoviva Initial Released Claims (as defined below), upon the Closing (and irrespective of whether the Innoviva Closing occurs), and (y) with respect to the Innoviva Subsequent Released Claims (as defined below), upon the Innoviva Closing (provided the Innoviva Closing occurs within three (3) business days of the Closing), each of Innoviva and GSK, on behalf of itself and each of its affiliates and subsidiaries (collectively, the “Innoviva/GSK Releasing Parties”, and together with the Theravance Biopharma/GSK Releasing Parties, the “Releasing Parties”) does ), hereby fully and completely release, acquit unconditionally and forever discharge releases, waives and discharges all Causes of Action that could have been, or may be, asserted by or on behalf of such Innoviva/GSK Releasing Party against the Administrative Agentother Innoviva/GSK Releasing Party and its affiliates or subsidiaries and the respective current and former officers, Issuing Lender and each Lender, and each of their respective successors, assigns, heirsmanagers, affiliates, subsidiaries, parent companies, principalspartners, directors, officers, employees, shareholders agents, members, shareholders, securities holders, note holders, advisors and agents professionals (hereinafter called including any attorneys, accountants, consultants, financial advisors, investment bankers and other professionals retained by such persons) of such other parties and the affiliates and subsidiaries thereof, together with their respective successors and assigns, each solely in its capacity as such (collectively, the “Lender Innoviva/GSK Released Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for together with the acts or omissions of the Lender Theravance Biopharma/GSK Released Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of to the extent, in each case, based on any act, omission, transaction, event, occurrence or facts or circumstances taking place, being omitted, existing or otherwise arising prior to (i) the Closing (the “Innoviva Initial Released Claims”), or (ii) the Innoviva Closing (the “Innoviva Subsequent Released Claims”), and, in each case (i) and from (ii), relating to (a) the Collaboration Agreement, (b) the Master Agreement, (c) the Extension Agreement, and (d) the EPAs, in each case including any and all actionsrelated or ancillary agreements, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees certificates or documents (including, without limitation, reasonable attorneys’ fees(i) and demands (ii) collectively, the “Innoviva Released Claims”, and together with the Theravance Released Claims, the “Released Claims”); provided, however, that (i) claims (if any) related to the incorrect reporting, calculation, or payment of royalties payable by GSK to Innoviva under the Collaboration Agreement on Net Sales of Retained Products (as defined in that certain Limited Liability Company Agreement of TRC (as amended, the “TRC LLC Agreement”)) in calendar year 2021 (regardless of when such payments are recognized, due or paid, provided that such Net Sales occurred in calendar year 2021) shall be handled in accordance with the immediately following paragraph below (such claims described in clause (i) of this proviso are referred to herein as “2021 Claims”) and (ii) claims (if any) related to the incorrect reporting, calculation or payment of royalties payable by GSK to Innoviva under the Collaboration Agreement on Net Sales of Retained Products for the period on or after January 1, 2022 (regardless of when such payments are recognized, due or paid) shall not be deemed Innoviva Released Claims. Notwithstanding the foregoing and anything contrary set forth herein, nothing in this Agreement shall constitute a termination of the Collaboration Agreement, the Extension Agreement or the EPAs, in each case including any and all related or ancillary agreements, certificates or documents, nor a waiver, release, discharge or termination of any kind whatsoeverright to receive royalties payable by GSK (and related matters) following the Closing, at law and nothing herein shall limit or affect in equityany manner GSK’s ownership, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that intellectual property and control rights with respect to the Releasing Parties (or any of them) have or may have, against Collaboration Products under the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before Collaboration Agreement. During the period from the Closing until the date that is thirty (30) days following the Closing, Innoviva may elect to exercise its rights under Section 6.10 of this the Collaboration Agreement to audit GSK with respect to 2021 Claims. If such election is made, GSK shall provide information and reasonably cooperate with Innoviva and its representatives in connection with such audit in each case in the manner set forth in the Collaboration Agreement and consistent with the prior audit practices under the Collaboration Agreement. Subject to GSK’s compliance in all material respects with the foregoing, other than Innoviva shall use commercially reasonable efforts to cause such audit to be completed within 120 days of the Closing; it being understood and agreed that such 120 day period shall be tolled for any claim as to which a final determination is made in a judicial proceeding (period of time in which GSK fails to comply in any material respect with its cooperation and access obligations (such 120 day period, as may be extended in accordance with the Administrative Agent and Lenders or any foregoing, the “Audit Period”). At the conclusion of the Released Parties have had Audit Period, Innoviva shall provide to GSK a written description (an opportunity “Audit Notice”) in reasonable detail of any Cause of Action it believes it has against GSK with respect to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 release2021 Claims. To the furthest extent permitted by lawthat a Cause of Action is identified on such notice, Borrower hereby knowingly, voluntarily, intentionally such Cause of Action (those Causes of Action deriving from it) shall not be deemed an Innoviva Released Claim hereunder and expressly waives and relinquishes any and Innoviva shall have all rights and benefits that remedies available to it respectively under the Collaboration Agreement, applicable law or otherwise in respect thereof. If Innoviva does not exercise its audit right during the 30 day period identified above or does not deliver an Audit Notice within the time specified above, all 2021 Claims shall be deemed Released Claims and Innoviva may have as against any not exercise its right to audit GSK pursuant to Section 6.10 of the Lender Parties Collaboration Agreement or otherwise with respect to any period prior to January 1, 2022. Any Cause of Action not set forth on the Audit Notice shall be deemed a Released Claim. For the avoidance of doubt, nothing herein shall affect Innoviva’s rights to audit in accordance with Section 6.10 of the Collaboration Agreement 2022 or any other Released Parties under any law, rule or regulation year thereafter in respect of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofRetained Products.

Release. 4.1 For the consideration stated herein, the receipt and in consideration sufficiency of any Loan which are hereby acknowledged, Plaintiff agrees that Plaintiff and each advance or other financial accommodation hereunderall Class Members who do not timely exclude themselves from the Class, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its themselves, their heirs, assigns, executors, executors, administrators, successors, agents, attorneys, heirsrepresentatives and assigns, successorshereby remise, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit release and forever discharge the Administrative AgentDefendants, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliatesparents, subsidiaries, parent companies, principalspresent and former officers, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”)representatives, insurers, and any other personattorneys (collectively, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all liabilities, causes of actions, or claims concerning or arising out of the facts underlying the claim that was asserted in the Amended Complaint invoking section 1681b(b)(2) of the FCRA. 4.2 In addition, the Class Representative, for himself only and not on behalf of the members of the Class, hereby fully, finally, irrevocably, and forever releases the Released Parties from any and all liabilities, claims, causes of action, suitsdamages, debtscosts, disputesattorneys’ fees, losses, or demands arising from the subject matter of the Lawsuit, whether known or unknown, existing or potential, suspected or unsuspected, of any kind or nature whatsoever. 4.3 Upon the Effective Date, Defendants, for themselves, and on behalf of the Released Parties, shall remise, release and forever discharge Plaintiff and all Class Members who do not timely exclude themselves from the Class, from any and all liabilities, causes of actions, or claims concerning or arising out of the facts underlying the claim that was asserted in the Amended Complaint invoking section 1681b(b)(2) of the FCRA. 4.4 Upon the Effective Date, Defendants, for themselves, and on behalf of the Released Parties, shall remise, release and forever discharge Plaintiff and his present and former attorneys, administrators, heirs, agents, insurance carriers from any and all liabilities, claims, causes of action, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) , losses, or and demands arising from the subject matter of the Lawsuit, whether known or unknown, existing or potential, suspected or unsuspected, of any kind of nature whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.

Release. For and in In consideration of any Loan the agreements of Agent and each advance or Lenders contained herein and for other financial accommodation hereundergood and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower, voluntarily, knowingly, unconditionally, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself and all of its agentsrespective subsidiaries, attorneys, heirspredecessors, successors, and assigns, and each of its respective current and former directors, officers, agents, and employees, and each of its respective predecessors, successors, heirs, and assigns (collectively individually and collectively, the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative each of Agent, Issuing Lender and each LenderLenders, and each of their respective parents, subsidiaries, affiliates, members, managers, shareholders, directors, officers and employees, and each of their respective predecessors, successors, assigns, heirs, affiliatesand assigns (individually and collectively, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, has against the Released Parties or any of them (whether directly or indirectly) relating ), based in whole or in part on facts now known or of which the Releasing Parties would reasonably be expected to events occurring know, existing on or before the date hereof, that relate to, arise out of this Agreement, other than or otherwise are in connection with: (i) any claim as to which a final determination is made in a judicial proceeding (in which or all of the Administrative Agent and Lenders Financing Documents or transactions contemplated thereby or any actions or omissions in connection therewith or (ii) any aspect of the dealings or relationships between or among a Borrower, on the one hand, and any or all of the Released Parties have had an opportunity Parties, on the other hand, relating to be heard) which determination includes a specific finding that one any or all of the Released Parties acted documents, transactions, actions or omissions referenced in a grossly negligent manner, illegal manner or with actual willful misconductclause (i) hereof. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend enter into this Agreement and agree to Borrower the financial accommodations hereunder modifications contemplated hereunder, and has been relied upon by the Agent and Lenders in agreeing to make connection therewith. Notwithstanding anything contained in this Agreement, the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the general release set forth above may be pleaded as a full in this Section 5 shall not extend to, and complete defense shall not include, any obligations of Agent and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted the Lenders to make extensions of credit after the date of this Agreement to Borrower in breach accordance with the terms of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofFinancing Documents.

Release. For Effective upon the Closing and in receipt by Stockholder of the right to receive the portion of the merger consideration of any Loan and each advance or other financial accommodation hereunderto which Stockholder is entitled at Closing pursuant to the Merger Agreement, each Borrowerif any, voluntarilyStockholder hereby generally releases, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit remises and forever discharge discharges Parent, Merger Sub, the Administrative AgentCompany, Issuing Lender the Stockholders’ Representative, the Surviving Corporation and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders Agents (as herein defined) from and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from against any and all claims, demands, liens, actions, agreements, suits, causes of action, suitsobligations, controversies, debts, disputescosts, attorneys’ fees, expenses, damages, claimsjudgments, obligationsorders and liabilities of whatever kind or nature in law, liabilitiesequity or otherwise, costswhether or not now known or suspected, expensesthat have existed or may have existed, fees (includingor that do exist or that hereafter shall or may exist, without limitationbased on any facts, reasonable attorneys’ fees) events or omissions occurring from any time on or prior to the execution and demands delivery of this Agreement that arise out of any kind whatsoeverrights Stockholder may have in his, at law her or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that its capacity as a holder of Company Capital Stock against the Releasing Parties (Company or any of themits Affiliates; provided, however, that nothing in this Agreement shall be construed to release, remise, discharge or acquit: (a) have any claims or rights Stockholder had, has or may have, against have under the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties Merger Agreement or any other Released Parties agreements or instruments executed and delivered in connection with the Merger Agreement to which Stockholder is a party or beneficiary or otherwise with respect to the Merger; (b) if Stockholder is or was a director or officer of the Company, any claim or right of Stockholder to be indemnified as a result of serving as a director or officer of the Company, including, but not limited to, any rights available to Stockholder for indemnification or insurance recoveries under the Company’s Organizational Documents, any agreement between Stockholder and the Company or any directors’ and officers’ insurance policy for Stockholder’s benefit or under applicable Law; (c) any claims arising out of actual and intentional fraud; and (d) if Stockholder is or was an employee of the Company, any rights with respect to earned but unpaid salary or other compensation or benefits that accrued prior to the Closing in the ordinary course of business. As used herein, an “Agent” of a party is each of its predecessors, its former or present officers, employees, directors, stockholders, parents, subsidiaries, Affiliates, partners, related corporate entities, agents, attorneys, members, heirs, executors, administrators, conservators, successors and assigns. Stockholder waives all rights under any lawLaw, rule rule, provision or regulation statute of any jurisdiction that would states in full (or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist otherwise in substance) as of the date hereof.follows:

Release. For In order to induce the Administrative Agent and in consideration of any Loan and each advance or other financial accommodation hereunderthe Lenders to enter into this Agreement, each Borrower, voluntarily, knowingly, unconditionally, Borrower acknowledges and irrevocably, with specific and express intent, for and on behalf agrees that: (i) no Borrower has any claim or cause of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge action against the Administrative Agent, Issuing Agent or any Lender and each Lender, and each (or any of their its respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (ii) no Borrower has any offset right, shareholders counterclaim or defense of any kind against any of their respective obligations, indebtedness or liabilities to the Administrative Agent or any Lender; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions iii) each of the Lender PartiesAdministrative Agent and the Lenders has heretofore properly performed and satisfied in a timely manner all of its obligations to each Borrower. The Borrowers wish to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Administrative Agent's and the Lenders' rights, interests, contracts, collateral security or damage resulting therefrom remedies. Therefore, each Borrower unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from A) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent or any Lender to any Borrower, except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Agreement, the Credit Agreement, the Forbearance Agreement and the other Loan Documents, and (B) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which any Borrower might otherwise have against the Releasing Parties (Administrative Agent, any Lender or any of themits directors, officers, employees or agents, in either case (A) have or may have(B), against the Released Parties or on account of any condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist kind existing as of the date hereof, or occurring prior to the date hereof.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge In order to induce the Administrative AgentAgent and the Lenders to enter into this Amendment, Issuing the Borrower and the Parent each acknowledges and agrees that: (i) the Borrower and the Parent do not have any claim or cause of action against the Administrative Agent or any Lender and each Lender, and each (or any of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (ii) the Borrower and the Parent do not have any offset right, shareholders counterclaim, right of recoupment or any defense of any kind against the Borrower’s or the Parent’s obligations, indebtedness or liabilities to the Administrative Agent or any Lender; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions iii) each of the Lender PartiesAdministrative Agent and the Lenders has heretofore properly performed and satisfied in a timely manner all of its obligations to the Borrower and the Parent. The Borrower and the Parent each wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Administrative Agent’s and the Lenders’ rights, interests, contracts, collateral security or damage resulting therefrom remedies. Therefore, the Borrower and the Parent each unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from A) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent or any Lender to the Borrower, except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Amendment, the Credit Agreement and the other Loan Documents, and (B) all claims, offsets, causes of action, suitsright of recoupment, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which the Releasing Parties (Borrower or the Parent might otherwise have against the Administrative Agent, any Lender or any of themtheir respective directors, officers, employees or agents, in either case (A) have or may have(B), against the Released Parties on account of any past or any presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofkind.

Release. For (a) Effective as of the Closing Date, except as set forth on Schedule 4.28 and in consideration of for any Loan and each advance rights or other financial accommodation hereunderobligations under this Agreement or the Ancillary Agreements, each Borrower, voluntarily, knowingly, unconditionally, of Buyer and irrevocably, with specific and express intent, for and the Company Group on behalf of itself and each of its agentsSubsidiaries and Affiliates and each of its current and former officers, attorneysdirectors, heirsemployees, successorspartners, members, advisors, successors and assigns (collectively collectively, the “Buyer Releasing Parties”) does ), hereby fully irrevocably and completely release, acquit unconditionally releases and forever discharge discharges the Administrative AgentEarthbound Holders, Issuing Lender their Affiliates, each of their direct and each Lenderindirect equity holders, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principalscurrent and former officers, directors, officers, employees, shareholders partners, managers, advisors, successors and agents assigns (hereinafter called solely in their capacities as such) (collectively, the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Seller Released Parties”), ) of and from any and all actions, causes of action, suits, proceedings, executions, judgments, duties, debts, disputesdues, damagesaccounts, claimsbonds, obligationsContracts and covenants (whether express or implied), liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and claims and demands of any kind whatsoever, at law whatsoever whether in Law or in equity, including any rights to indemnification or reimbursement from any Seller Released Parties whether matured pursuant to their constituent documents, Contracts or unmaturedotherwise (collectively, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the “Buyer Released Claims”) which the Buyer Releasing Parties (may have against each of the Seller Released Parties, now or in the future, in each case in respect of any cause, matter or thing relating to any of them) have or may have, against the Seller Released Parties occurring or any of them (whether directly or indirectly) relating to events occurring arising on or before prior to the date of this Agreement. Notwithstanding anything to the contrary set forth in this Agreement, other than nothing contained in this Agreement shall operate to release (i) any claim Buyer Released Claims that any Buyer Releasing Party may have against any Seller Released Party arising under, or related to, this Agreement, the Ancillary Agreements or the Subject Transactions or (ii) any person outside its capacity as a Seller Released Party. Notwithstanding anything to which a final determination is made the contrary set forth herein, nothing in a judicial proceeding this Agreement shall limit the releases set forth in the Letters of Transmittal. (in which the Administrative Agent and Lenders or any b) Effective as of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of Closing Date, except as set forth on Schedule 4.28 and for any rights or obligations under this Agreement or the Released Parties acted in a grossly negligent mannerAncillary Agreements, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s Earthbound Holders and each Lender’s decision to extend to Borrower of their direct and indirect equity holders and each of its current and former officers, directors, employees, successors and assigns (collectively, the financial accommodations hereunder “Seller Releasing Parties”), hereby irrevocably and has been relied upon by unconditionally releases and forever discharges each of Buyer and the Lenders Earthbound Group, HM Earthbound LLC and their Affiliates, each of their direct and indirect equity holders, and each of their respective current and former officers, directors, employees, successors and assigns (solely in agreeing to make their capacities as such) (collectively, the Loans “Buyer Released Parties”) of and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes from any and all actions, causes of action, suits, proceedings, executions, judgments, duties, debts, dues, accounts, bonds, Contracts and covenants (whether express or implied), and claims and demands whatsoever whether in Law or in equity, including any rights and benefits that it respectively to indemnification or reimbursement from any Buyer Released Parties whether pursuant to their constituent documents, Contracts or otherwise (collectively, the “Seller Released Claims”) which the Seller Releasing Parties may have against each of the Buyer Released Parties, now or in the future, in each case solely in respect of any cause, matter or thing relating to such Earthbound Holder’s status as an equityholder of Topco or the Company Group, respectively. Notwithstanding anything to the contrary set forth in this Agreement, nothing contained in this Agreement shall operate to release (i) any Seller Released Claims that any Seller Releasing Party may have against any of Buyer Released Party arising under, or related to, this Agreement, the Lender Parties Ancillary Agreements or the Subject Transactions or (ii) any other person outside its capacity as a Buyer Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofParty.

Release. For (a) Except for the rights and obligations of the Parties specifically set forth in consideration this Agreement, effective as of any Loan and each advance or other financial accommodation hereunderClosing, each BorrowerBuyer, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for on its own behalf and on behalf of itself its Affiliates, to the extent permitted by Law, hereby irrevocably and unconditionally releases, remises and forever discharges Seller and its agentsAffiliates and all such parties’ past, attorneyspresent and future shareholders, heirspartners, successorsmembers, and assigns (collectively the “Releasing Parties”) does hereby fully and completely releaseboard of directors and/or supervisors, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directorsmanagers, officers, employees, shareholders agents, representatives and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and advisors from any and all actions, causes of action, suits, debtslegal or administrative proceedings, disputesclaims, demands, damages, claims, obligations, liabilitieslosses, costs, expensesLiabilities, fees (including, without limitation, reasonable attorneys’ fees) and demands interest or causes of any kind action whatsoever, at law Law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (unknown, which Buyer or any of them) have its Affiliates might now or subsequently may have, against the Released Parties or any of them (whether directly or indirectly) based on, relating to events occurring on or before the date arising out of this Agreement, the transactions contemplated hereby, the ownership, use or operation of the Assets or the condition, quality, status or nature of the Assets, including rights to contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, breaches of statutory or implied warranties, nuisance or other than any claim as tort actions, rights to which a final determination is made in a judicial proceeding (in which the Administrative Agent punitive damages, common law rights of contribution and Lenders rights under insurance maintained by Seller or any of its Affiliates. (b) Except for the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one rights and obligations of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release specifically set forth above may be pleaded in this Agreement, effective as a full of Closing, Seller, on its own behalf and complete defense and may be used as a basis for an injunction against any actionon behalf of its Affiliates, suit or other proceeding which may be instituted, prosecuted or attempted in breach of to the provisions of such release. To the furthest extent permitted by lawLaw, Borrower hereby knowinglyirrevocably and unconditionally releases, voluntarilyremises and forever discharges Buyer and its Affiliates and all such parties’ past, intentionally present and expressly waives future shareholders, partners, members, board of directors and/or supervisors, managers, officers, employees, agents, representatives and relinquishes advisors from any and all suits, legal or administrative proceedings, claims, demands, damages, losses, costs, Liabilities, interest or causes of action whatsoever, at Law or in equity, known or unknown, which Seller or its Affiliates might now or subsequently may have, based on, relating to or arising out of this Agreement, the transactions contemplated hereby, the ownership, use or operation of the Assets or the condition, quality, status or nature of the Assets, including rights to contribution under the Comprehensive Environmental Response, Compensation, and benefits that it respectively may have Liability Act of 1980, as against amended, breaches of statutory or implied warranties, nuisance or other tort actions, rights to punitive damages, common law rights of contribution and rights under insurance maintained by Buyer or any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofits Affiliates.

Release. For Effective as of, and in consideration of any Loan and each advance or other financial accommodation hereunderexpressly conditioned upon, the Closing, each BorrowerContributor, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself such Contributor and each of such Contributor’s Subsidiaries, general partners, managing members and its agentsand their respective Related Persons (collectively, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely releaseReleasors“), acquit releases and forever discharge the Administrative Agentdischarges PEGC I, Issuing Lender PEGC I OP, each Contributed Company and each LenderSubsidiary thereof, and each of their respective successorsindividual, assignsjoint or mutual, heirspast, affiliatespresent and future Representatives, subsidiariessuccessors and assigns (individually, parent companiesa “Releasee” and collectively, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender PartiesReleasees”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, demands, Proceedings, causes of actionaction and Judgments that such Releasor now has, suitshas ever had or may hereafter have against the respective Releasees, debtsin each case of any nature (whether absolute or contingent, disputesasserted or unasserted, damagesknown or unknown, claimsprimary or secondary, obligationsdirect or indirect, liabilitiesand whether or not accrued), costsarising contemporaneously with or before the Closing Date or on account of or arising out of any matter, expensescause or event occurring contemporaneously with or before the Closing Date (collectively, fees the “Released Claims”). Notwithstanding the foregoing, the term “Released Claims” shall not include claims brought by Releasors with respect to (includinga) the obligations or PEGC I, without limitationPEGC I OP or their respective Subsidiaries under this Agreement or any Ancillary Agreement, reasonable attorneys’ fees(b) any claim related to employment with PEGC I, PEGC I OP, the Contributors, the Contributed Companies or any of their Subsidiaries or (c) any rights to indemnification or reimbursement from any Contributed Company or Subsidiary thereof, whether pursuant to their respective certificate of incorporation or by-laws (or comparable documents), Contract or otherwise and demands whether or not relating to claims pending on, or asserted after, the Closing Date. Each Contributor, on behalf of itself and each of its Subsidiaries and executive officers, hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any Proceeding of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 actionReleasee, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes based upon any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofClaim.

Release. For In order to induce the Administrative Agent and in consideration the Lenders to enter into this Agreement, the Borrower and each other Loan Party acknowledges and agrees that: (i) none of the Loan Parties or any of their Affiliates have any claim or cause of action against the Administrative Agent, any Lender or any Affiliate of any Lender (or any of their respective directors, officers, employees or agents); (ii) none of the Loan Parties or any of their Affiliates have any offset right, counterclaim, right of recoupment or any defense of any kind against the Loan Parties’ or any of their Affiliates’ obligations, indebtedness or liabilities to the Administrative Agent, any Lender or any Affiliate of any Lender; and (iii) each of the Administrative Agent, the Lenders and their Affiliates has heretofore properly performed and satisfied in a timely manner all of its obligations to the Loan Parties and any of their Affiliates. Each of the Loan Parties and their Affiliates wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or matters would impair or otherwise adversely affect any of the Administrative Agent’s, the Lenders’ and their Affiliates’ rights, interests, contracts, collateral security or remedies. Therefore, each of the Loan Parties and each advance of their Affiliates unconditionally and irrevocably remises, acquits, waives and fully and forever releases and discharges (A) any and all liabilities, obligations, duties, promises or other financial accommodation hereunderindebtedness of any kind of the Administrative Agent, each Borrowerthe Lenders, voluntarilythe L/C Issuer, knowinglyall respective Affiliates and subsidiaries of the Administrative Agent, unconditionallythe Lenders, and irrevocablythe L/C Issuer, with specific and express intenttheir respective officers, for and on behalf of itself and its servants, employees, agents, attorneys, principals, directors and shareholders, and their respective heirs, successorslegal representatives, successors and assigns (collectively collectively, the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Released Lender Parties”), except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Agreement and any the other personLoan Documents, firmand (B) all claims, businessdemands, corporationobligations, insurerremedies, or association which may be responsible or liable for the acts or omissions of the Lender Partiessuits, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)damages, of and from any and all actionsliabilities, offsets, causes of action, suitsright of recoupment, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, suspected or claimed, whether arising under common law, in equity or under statute, which the Releasing Parties (Borrower ever had or now has against the Released Lender Parties, or which any Loan Party or any of them) their Affiliates might otherwise have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Lender Parties, in either case (A) or (B), on account of any past or presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, circumstance or matter of any kind. Each of the Loan Parties have had an opportunity and each of their Affiliates agree not to be heard) which determination includes a specific finding that one ▇▇▇ any of the Released Lender Parties acted or prosecute or cause to be commenced or prosecuted, or in a grossly negligent mannerany way assist any other person or entity in suing, illegal manner prosecuting or with actual willful misconductcausing to be commenced any suit or prosecution of any of the Released Lender Parties. Each Borrower acknowledges that the foregoing This release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such releaserelease contained herein. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any The agreements of the Lender Borrower and the Loan Parties or any other Released Parties under any law, rule or regulation set forth in this Section 10.20 shall survive termination of any jurisdiction that would or could have this Agreement and the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofLoan Documents.

Release. For and in consideration Effective as of any Loan and each advance or other financial accommodation hereunderthe Effective Date, each Borrowerof the Parties, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself himself (or herself or itself) and his (or her or its agents, attorneysassigns), heirs, successorsbeneficiaries, representatives, agents and assigns affiliates (collectively the “Releasing Parties”) does ), hereby fully and completely releasefinally releases, acquit acquits and forever discharge discharges each of the Administrative Agent, Issuing Lender other Parties and each Lender, affiliates and each of their respective present and former officers, directors, employees, agents, predecessors, successors, assigns, heirsmembers, affiliatesmanagers, subsidiariesequityholders, parent companiescontrolling persons, principals, directors, officers, employees, shareholders insurers and agents attorneys (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsclaims, causes of action, suitsliabilities, debtslosses, disputescosts, damages, claimspenalties, obligationscharges, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) expenses and demands all other forms of any kind liability or obligation whatsoever, at in law or in equity, whether matured asserted or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoateunasserted, known or unknown that unknown, foreseen or unforeseen (“Claims”), arising prior to the Effective Date and relating to such Releasing Parties (Party’s ownership of equity of Vine LP, Vine GP, Brix LP, Brix GP, Harvest LP, Harvest GP, or any of themtheir respective subsidiaries (collectively, the “Operating Companies”) have or may haveprior to the Effective Date (collectively, against the “Released Claims”); provided, however, that the Released Parties Claims shall exclude any Claims arising from or any of them (whether directly or indirectly) relating to events occurring on or before the date of in connection with (a) rights or obligations under this Agreement, other than Agreement and (b) any claim as or right to which a final determination is made in a judicial proceeding indemnification or advancement of expenses under (in which i) the Administrative Agent and Lenders or any Organizational Documents of the Released Parties have had an opportunity Operating Companies (ii) the VEH LLC Agreement or (iii) any other agreement between such Releasing Party and the Operating Companies or their respective affiliates, in each case, as in effect prior to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductEffective Date. Each Borrower Releasing Party expressly acknowledges that the foregoing release is a material inducement contained herein applies to Administrative Agent’s all Released Claims, whether such Released Claims are known or unknown, and each Lender’s include Released Claims that if known by the releasing party might materially affect its decision to extend effect the settlement contained herein. Each Releasing Party has considered and taken into account the possible existence of such Released Claims in determining to Borrower execute and deliver this Agreement. Without limiting the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 generality of the provisions of such release. To foregoing, solely with respect to the furthest extent permitted by lawReleased Claims, Borrower hereby knowingly, voluntarily, intentionally and each Releasing Party expressly waives and relinquishes any and all rights and benefits conferred upon it by any statute or rule of law that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction provides that would or could have the effect of limiting the extent to which a general release extends does not extend to claims which any of that the Releasing Parties Party does not know or suspect to exist as in its favor at the time of executing the date hereofrelease, which if known by the Releasing Party would have materially affected the Releasing Party’s settlement with the Released Parties. This Agreement constitutes a complete defense of any and all Released Claims. Each Releasing Party further agrees not to initiate any litigation, lawsuit, claim or action against any Released Party with respect to any Released Claim, except that the Releasing Party shall not be limited hereby from responding to, joining, prosecuting or being involved in any litigation, lawsuit, claim or action brought against such Releasing Party in respect of a Released Claim, nor from adjudicating whether or not a Claim constitutes a Released Claim.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunderUpon Final Judgment, each Borrower, voluntarily, knowingly, unconditionallythe Releasing Parties shall be deemed to have, and irrevocablyby operation of law and of the judgement shall have fully, with specific finally and express intentforever completely compromised, for and on behalf of itself and its agentssettled, attorneysreleased, heirsacquitted, successorsresolved, relinquished, waived, and assigns (collectively discharged the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Tyson Released Parties”), of and Parties from any and all claims, demands, actions, suits, causes of action, suitswhether class, debtsindividual, disputesor otherwise in nature (whether or not any member of the Settlement Class has objected to the Settlement Agreement or makes a claim upon or participates in the Settlement Fund, damageswhether directly, claimsrepresentatively, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law derivatively or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown any other capacity) that the Releasing Parties (ever had, now have, or any of them) have hereafter can, shall, or may ever have, on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, causes of action, injuries, losses, or damages arising from or in connection with any act or omission through the date of Preliminary Approval relating to or referred to in the Action or arising from the factual predicate of the Action (the “Released Claims”). Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any Defendant or co-conspirator other than the Tyson Released Parties or (ii) any claims wholly unrelated to the allegations in the Action that are based on breach of them contract, any negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defect, or securities claim, breach of warranty, or product defect. This reservation of claims set forth in (whether directly or indirectlyi) relating to events occurring on or before the date and (ii) of this Agreementparagraph does not impair or diminish the right of the Tyson Released Parties to assert any and all arguments and defenses to such claims, other than and the Parties agree that all such arguments and defenses are preserved. During the period after the expiration of the deadline for submitting an opt-out notice, as determined by the Court, and prior to Final Judgment, all Releasing Parties who have not submitted a valid request to be excluded from the Settlement Class shall be preliminarily enjoined and barred from asserting any claim as to which a final determination is made in a judicial proceeding (in which and all Released Claims against any and all of the Administrative Agent and Lenders or any Tyson Released Parties. The release of the Released Claims will become effective as to all Releasing Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannerupon Final Judgment. Upon Final Judgment, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does further agree that they will not know file any other suit against the Tyson Released Parties arising out of or suspect relating to exist as of the date hereofReleased Claims.

Release. For Effective upon the Closing and in delivery to Company Stockholders of the right to receive the portion of the merger consideration of any Loan and each advance or other financial accommodation hereunderto which such stockholders are entitled at Closing pursuant to the Merger Agreement, each Borrowerif any, voluntarilyStockholder hereby generally releases, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit remises and forever discharge discharges Parent, Merger Sub, the Administrative AgentCompany, Issuing Lender the Stockholders’ Representative, the Surviving Corporation and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders Agents (as herein defined) from and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from against any and all claims, demands, liens, actions, agreements, suits, causes of action, suitsobligations, controversies, debts, disputescosts, attorneys’ fees, expenses, damages, claimsjudgments, obligationsorders and liabilities of whatever kind or nature in law, liabilitiesequity or otherwise, costswhether or not now known or suspected, expensesthat have existed or may have existed, fees (includingor that do exist or that hereafter shall or may exist, without limitationbased on any facts, reasonable attorneys’ fees) events or omissions occurring from any time on or prior to the execution and demands delivery of this Agreement that arise out of any kind whatsoeverrights Stockholder may have in his, at law her or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that its capacity as a holder of Parent Capital Stock against the Releasing Parties (Parent or any of themits Affiliates; provided, however, that nothing in this Agreement shall be construed to release, remise, discharge or acquit: (a) have any claims or rights Stockholder had, has or may have, against have under the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties Merger Agreement or any other Released Parties agreements or instruments executed and delivered in connection with the Merger Agreement to which Stockholder is a party or beneficiary or otherwise with respect to the Merger; (b) if Stockholder is or was a director or officer of the Parent, any claim or right of Stockholder to be indemnified as a result of serving as a director or officer of the Parent, including, but not limited to, any rights available to Stockholder for indemnification or insurance recoveries under the Parent’s Organizational Documents, any agreement between Stockholder and the Parent or any directors’ and officers’ insurance policy for Stockholder’s benefit or under applicable Law; (c) any claims arising out of actual and intentional fraud; and (d) if Stockholder is or was an employee of the Parent, any rights with respect to earned but unpaid salary or other compensation or benefits that accrued prior to the Closing in the ordinary course of business. As used herein, an “Agent” of a party is each of its predecessors, its former or present officers, employees, directors, stockholders, parents, subsidiaries, Affiliates, partners, related corporate entities, agents, attorneys, members, heirs, executors, administrators, conservators, successors and assigns. Stockholder waives all rights under any lawLaw, rule rule, provision or regulation statute of any jurisdiction that would states in full (or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist otherwise in substance) as of the date hereof.follows:

Release. For and in consideration of any Loan and each advance (a) The Purchaser acknowledges that the Seller may possess material nonpublic information regarding the Company not known to the Purchaser (the “Seller Information”). The Seller Information may or other financial accommodation hereundermay not be material, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and may or may not have been publicly disclosed by or on behalf of itself the Company or the Seller, directly or indirectly, and may or may not be available to Purchaser from sources other than the Company or the Seller. Effective upon the Closing, the Purchaser hereby: (i) agrees that none of the Seller, its agentsdirectors, officers, partners, stockholders, members, investors, employees, attorneys, heirsagents or representatives or any Affiliate of the foregoing (together, successors, with the successors and assigns (collectively of any such Person, the “Releasing Seller Released Parties”) does hereby fully and completely release, acquit and forever discharge shall have any liability to the Administrative Agent, Issuing Lender and each Lender, and each Purchaser or its Affiliates (or any of their respective successors, assignsassigns or heirs) with respect to the existence, heirspossession or non-disclosure of any Seller Information, affiliateswhether arising directly or indirectly, subsidiariesprimarily or secondarily, parent companiesby contract or operation of law or otherwise, principalsincluding as a matter of contribution, directorsindemnification, officersset-off, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurerrescission, or association which may be responsible reimbursement; (ii) irrevocably and fully waives, releases, acquits and discharges forever any right, claim or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes cause of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured arising from or unmaturedrelating to, liquidated directly or unliquidatedindirectly, vested the existence, possession or contingentnon-disclosure of any Seller Information, ▇▇▇▇▇▇ including without limitation pursuant to Sections 10(b) and 20A of the Exchange Act, or inchoatethe rules and regulations promulgated by the SEC under the Exchange Act, known and relinquishes all rights and remedies accorded by applicable Law to a buyer of securities with respect to the Shares to the maximum extent permitted by Law, as well as all rights to participate in any claim, action or unknown that remedy others may now or hereafter have with respect to the Releasing Parties foregoing; (iii) with respect to the purchase and sale of the Shares, releases and discharges each Seller Released Party of and from any and all suits, demands, obligations, liabilities, claims and causes of action, contingent or otherwise, of every kind and nature, at law and in equity, which Purchaser and/or its Affiliates (or any of themtheir respective successors, assigns or heirs) may have against any Seller Released Party, to the extent arising from or in connection with the existence, possession or non-disclosure of any Seller Information whether asserted, unasserted, absolute, contingent, known or unknown; (iv) represents to each Seller Released Party that (A) it has not assigned any claim or possible claim against any Seller Released Party, (B) it fully intends to release all claims against the Seller Released Parties as set forth above, and (C) it has been advised by, and has consulted with, counsel with respect to the execution and delivery of this Agreement and has been fully apprised of the consequences of the waivers and releases set forth in this Section 3.1(a); and (v) agrees not to institute any action against any Seller Released Party with respect to any of the claims released pursuant to this Section 3.1(a). (b) The Seller acknowledges that the Purchaser may possess material nonpublic information regarding the Company not known to the Seller (the “Purchaser Information”). The Purchaser Information may or may havenot be material, against may or may not have been publicly disclosed by or on behalf of the Company or the Purchaser, directly or indirectly, and may or may not be available to Seller from sources other than the Company or the Purchaser. Effective upon the Closing, the Seller hereby: (i) agrees that none of the Purchaser, its directors, officers, partners, stockholders, members, investors, employees, attorneys, agents or representatives or any Affiliate of the foregoing (together, with the successors and assigns of any such Person, the “Purchaser Released Parties Parties”) shall have any liability to the Seller or its Affiliates (or any of them (their respective successors, assigns or heirs) with respect to the existence, possession or non-disclosure of any Purchaser Information, whether arising directly or indirectly, primarily or secondarily, by contract or operation of law or otherwise, including as a matter of contribution, indemnification, set-off, rescission, or reimbursement; (ii) irrevocably and fully waives, releases, acquits and discharges forever any right, claim or cause of action, at law or in equity, arising from or relating to, directly or indirectly, the existence, possession or non-disclosure of any Purchaser Information, including without limitation pursuant to events occurring on Sections 10(b) and 20A of the Exchange Act, or before the date rules and regulations promulgated by the SEC under the Exchange Act, and relinquishes all rights and remedies accorded by applicable Law to a seller of this Agreementsecurities with respect to the Shares to the maximum extent permitted by Law, other than as well as all rights to participate in any claim as claim, action or remedy others may now or hereafter have with respect to the foregoing; (iii) with respect to the purchase and sale of the Shares, releases and discharges each Purchaser Released Party of and from any and all suits, demands, obligations, liabilities, claims and causes of action, contingent or otherwise, of every kind and nature, at law and in equity, which a final determination is made in a judicial proceeding Seller and/or its Affiliates (in which the Administrative Agent and Lenders or any of their respective successors, assigns or heirs) may have against any Purchaser Released Party, to the extent arising from or in connection with the existence, possession or non-disclosure of any Purchaser Information whether asserted, unasserted, absolute, contingent, known or unknown; (iv) represents to each Purchaser Released Party that (A) it has not assigned any claim or possible claim against any Purchaser Released Party, (B) it fully intends to release all claims against the Purchaser Released Parties have had an opportunity as set forth above, and (C) it has been advised by, and has consulted with, counsel with respect to be heard) which determination includes a specific finding that one the execution and delivery of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder this Agreement and has been relied upon by fully apprised of the Lenders in agreeing to make consequences of the Loans waivers and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release releases set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction in this Section 3.1(b); and (v) agrees not to institute any action against any actionPurchaser Released Party with respect to any of the claims released pursuant to this Section 3.1(b). (c) Notwithstanding anything herein to the contrary, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To Sections 3.1(a) and 3.1(b) above shall not be deemed to constitute a release or discharge of, or otherwise apply to, any claim or cause of action, at law or in equity, of either party against the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation party for breach of any jurisdiction that would representation or could have warranty made under this Agreement or the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofother Transaction Documents.

Release. For In order to induce the Agent and in consideration of any Loan and each advance or other financial accommodation hereunderthe Banks to enter into this ------- Amendment, each Borrowerof the Borrowers, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agentsSubsidiaries, attorneys, heirs, successors, acknowledges and assigns agrees that: (collectively a) such Person does not have any claim or cause of action against the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lenderthe Arranger, and each the Collateral Agent, the Swing Line Bank or any Bank (or any of their its respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (b) such Person does not have any offset right, shareholders counterclaim or defense of any kind against any of its respective obligations, indebtedness or liabilities to the Agent, the Arranger, the Collateral Agent, the Swing Line Bank or any Bank; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions c) each of the Lender PartiesAgent, the Arranger, the Collateral Agent, the Swing Line Bank and the Banks has heretofore properly performed and satisfied in a timely manner all of its obligations to such Person. Each of the Borrowers, on behalf of itself and its Subsidiaries, wishes to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Agent's, the Arranger's, the Collateral Agent's, the Swing Line Bank's and the Banks' rights, interests, contracts, collateral security or damage resulting therefrom remedies. Therefore, each of the Borrowers, on behalf of itself and its Subsidiaries, unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from x) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Agent, the Arranger, the Collateral Agent, the Swing Line Bank or any Bank to such Person, except the obligations to be performed by the Agent, the Arranger, the Collateral Agent, the Swing Line Bank or any Bank on or after the date hereof as expressly stated in this Amendment, the Loan Agreement and the other Loan Documents, and (y) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which such Person might otherwise have against the Releasing Parties (Agent, the Arranger, the Collateral Agent, the Swing Line Bank, any Bank or any of themits directors, officers, employees or agents, in either case (x) have or may have(y), against the Released Parties on account of any past or any presently existing condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofkind.

Release. For As a material part of the consideration for the Administrative Agent, the Required Lenders, the Swingline Lender and in consideration of any Loan the Issuing Lender entering into this Amendment, the Borrower and each advance or other financial accommodation hereunderSubsidiary Guarantor (collectively, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing PartiesReleasors”) does agree as follows (the “Release Provision”): (a) The Releasors, jointly and severally, hereby fully and completely release, acquit release and forever discharge the Administrative Agent, the Swingline Lender, the Issuing Lender, each Lender and the Administrative Agent’s, the Swingline Lender’s, Issuing Lender’s and each Lender’s predecessors, and each of their respective successors, assigns, heirsofficers, affiliatesmanagers, directors, shareholders, employees, agents, attorneys and other professionals, representatives, parent corporations, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents affiliates (hereinafter called all of the above collectively referred to as the “Lender PartiesGroup”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, causes of actioncounterclaims, demands, damages, debts, agreements, covenants, suits, debts, disputes, damages, claimscontracts, obligations, liabilities, costsaccounts, expensesoffsets, fees (includingrights, without limitationactions, reasonable attorneys’ fees) and demands causes of action of any kind whatsoever, nature whatsoever and whether arising at law or in equity, presently possessed, whether matured known or unmaturedunknown, whether liability be direct or indirect, liquidated or unliquidated, vested presently accrued, whether absolute or contingent, ▇▇▇foreseen or unforeseen, and whether or not heretofore asserted arising out of, arising under or related to the Loan Documents (collectively, the “Claims”), that Releasors may have or (b) The Releasors agree not to ▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lender Group nor in any way assist any other person or entity in suing the Lender Group with respect to be heard) which determination includes a specific finding that one any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductClaims released herein. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the release contained herein. (c) The Releasors acknowledge, warrant, and represent to Lender Group that: (i) The Releasors have read and understand the effect of the Release Provision. The Releasors have had the assistance of independent counsel of their own choice, or have had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for Releasors has read and considered the Release Provision and advised Releasors with respect to the same. Before execution of this Amendment, the Releasors have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of the Release Provision. (ii) The Releasors are not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. The Releasors acknowledge that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) The Releasors have executed this Amendment and the Release Provision thereof as a free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person or entity. (iv) The Releasors are the sole owners of the Claims released by the Release Provision, and the Releasors have not heretofore conveyed or assigned any interest in any such Claims to any other person or entity. (d) The Releasors understand that the Release Provision was a material consideration in the agreement of the Administrative Agent, Swingline Lender, Issuing Lender and each Lender to enter into this Amendment. (e) It is the express intent of the Releasors that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by the Releasors of any Claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions of such release. To shall remain in full force and effect. (g) The Releasors acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe with respect to the furthest extent permitted by lawClaims released herein, Borrower hereby knowinglybut the Releasors expressly shall have and intend to fully, voluntarily, intentionally finally and expressly waives forever have released and relinquishes discharged any and all rights and benefits that it respectively may have as against such Claims. The Releasors expressly waive any provision of the Lender Parties statutory or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have decisional law to the effect of limiting the extent to which that a general release extends does not extend to claims which any of Claims that the Releasing Parties releasing party does not know or suspect to exist as in such party’s favor at the time of executing the date hereofrelease.

Release. For and in consideration (a) Effective as of any Loan and each advance or other financial accommodation hereunderthe Closing, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for Seller on such Seller’s own behalf and on behalf of itself and its agents, attorneysSeller’s, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely releasetrustees, acquit and forever discharge the Administrative Agentexecutors, Issuing Lender and each Lender, and each of their respective successorsadministrators, assigns, heirsRepresentatives and Affiliates and any other Person that may claim by, affiliatesthrough or in the right of such Seller (collectively, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Seller Releasing Parties”), hereby irrevocably waives, releases and discharges the Company, the Subsidiaries and their Affiliates and any director, manager, equityholder, member, partner, officer, employees, owners, accountants, consultants, advisors, attorneys and other personRepresentatives and any successor, firm, business, corporation, insurer, heir or association which may be responsible or liable for the acts or omissions assign of any of the Lender Partiesforegoing (collectively, or who may be liable for the injury or damage resulting therefrom (collectively the “Purchaser Released Parties”), of and ) from any and all actionsActions, causes of actionLiabilities, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) Contracts and demands claims of any kind or nature whatsoever, at which each Seller Releasing Party or any of their respective Affiliates, or any of their respective heirs, executors, administrators or assigns, now has, has ever had, or may hereafter have against any Purchaser Released Party arising on or prior to the Closing or on account of or arising out of any matter, cause or event related to the Company, any Subsidiary or the Business and occurring on or prior to the Closing, in each case (i) solely to the extent related to such Seller Releasing Party’s capacity as a direct or indirect holder of Equity Interests of the Company and (ii) whether absolute or contingent, liquidated or unliquidated, known or unknown, suspected or unsuspected, direct or indirect, both in law or in equity, and such Seller Releasing Party shall not seek to recover any amounts or any other remedy in connection therewith or thereunder from any Purchaser Released Party; provided, however, that the foregoing release will not be construed to apply to or release any claims relating to or arising under this Agreement, the Ancillary Agreements, any directors’ or officers’ liability insurance policy (including the Tail Policy) or the indemnification obligations of the Company or any Subsidiary to any Seller Releasing Party in such Seller Releasing Party’s capacity as a director, officer or manager under the Organizational Documents of the Company or the Subsidiaries. Each Purchaser Released Party that is not a party to this Agreement is an express third-party beneficiary of this Section 6.7(a). (b) Effective as of the Closing, the Purchaser, on its own behalf and on behalf of its heirs, successors, trustees, executors, administrators, assigns, Representatives and Affiliates (including, after the Closing, the Company and the Subsidiaries) and any other Person that may claim by, through or in the right of the Purchaser (collectively, the “Purchaser Releasing Parties”), hereby irrevocably waives, releases and discharges the Sellers and their respective Affiliates and any director, manager, equityholder, member, partner, officer, employees, owners, accountants, consultants, advisors, attorneys and other Representatives and any successor, heir or assign of any of the foregoing (collectively, the “Seller Released Parties”) from any and all Actions, Liabilities, Contracts and claims of any kind or nature whatsoever, which each Purchaser Releasing Party or any of their respective Affiliates, or any of their respective heirs, executors, administrators or assigns, now has, has ever had, or may hereafter have against any Seller Released Party arising on or prior to the Closing, in each case (i) solely to the extent related to such Seller Released Party’s capacity as a direct or indirect holder of Equity Interests of the Company and (ii) whether matured absolute or unmaturedcontingent, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the unknown, suspected or unsuspected, direct or indirect, both in law or in equity, and such Purchaser Releasing Parties (Party shall not seek to recover any amounts or any of them) have other remedy in connection therewith or may havethereunder from any Seller Released Party; provided, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreementhowever, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release will not be construed to apply to or release any claims relating to or arising under this Agreement or the Ancillary Agreements. Each Seller Released Party that is not a material inducement party to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance this Agreement is an express third-party beneficiary of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofthis Section 6.7(b).

Release. For and in consideration Effective as of any Loan and each advance or other financial accommodation hereunderthe Closing, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and the Restricted Executives (on behalf of itself themselves and its their, agents, attorneystrustees, beneficiaries, estate, heirs, successors, successors and assigns (collectively the other than Company)) (each a “Releasing PartiesReleasor”) does hereby fully hereby: (a) represents and completely releasewarrants that the Releasors have no Claims, acquit and forever discharge other than Excluded Claims, against the Administrative AgentCompany, Issuing Lender and each LenderParent, and each or any of their respective Affiliates, partners, stockholders, representatives, predecessors, successors, assignsrelated entities or assigns in their respective capacities as such (collectively, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender PartiesReleasees”), with respect to the Company or its respective businesses; (b) irrevocably and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for unconditionally releases the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and Releasees from any and all actionscharges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages or causes of action, choses in action, suits, debtsrights, disputes, damages, claims, obligations, liabilitiesdemands, costs, expensesLosses, fees debts and expenses (including, without limitation, reasonable including all attorneys’ feesfees and costs incurred) and demands of any kind or nature whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (unknown, suspected or any of them) have unsuspected, existing or may haveprospective, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on the Company, its respective businesses, or before the date of this AgreementContemplated Transactions (collectively, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the “Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannerClaims”); provided, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release does not include Released Claims arising from or related to any rights of any Releasor (i) under this Agreement or any other Ancillary Document to which a Releasor is a material inducement party, (ii) if a Releasor is an employee of the Company, to Administrative Agent’s any employment compensation or benefits accrued in the normal course for employment services rendered that are due and owing to such Releasor but unpaid as of the Closing, or (iii) with respect to claims that cannot be released as a matter of law (collectively, “Excluded Claims”); provided further, that each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, Releasor expressly acknowledges and agrees that the release set forth above may be pleaded contained in this Section 5.11 (Release) applies to all Released Claims as a full defined above, whether such Released Claims are known or unknown, and complete defense includes Released Claims which if known by the releasing party might materially affect its decision to grant the release contained in this paragraph, and may be used as a basis for an injunction against that Releasor has considered and taken into account the possible existence of such Released Claims in determining to execute and deliver this Agreement, and Releasor expressly waives any action, suit rights or other proceeding which may be instituted, prosecuted or attempted in breach benefits under §1542 of the provisions of such release. To the furthest extent permitted by lawCalifornia Civil Code, Borrower hereby knowinglyor comparable laws as may apply, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a provides: “A general release extends does not extend to claims which any of the Releasing Parties creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”; (c) irrevocably and unconditionally covenants and agrees not to assert any suit, demand, litigation, lawsuit, action or claim against any Releasee regarding any Released Claim released under this Section 5.11 (Release); and (d) represents, warrants, covenants and agrees that no Released Claim or possible Released Claim against any Releasee has been or will be assigned or transferred, and agrees to indemnify and hold the Releasees harmless from any liability or damages arising as a result of the date hereofany such assignment or transfer.

Release. For Effective upon (and in consideration of any Loan and each advance or other financial accommodation hereunderonly upon) the Closing Date (the “Effective Date”), each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intentReleasor Party, for and on behalf of itself and its agentspast, attorneys, heirs, successorspresent, and assigns future subsidiaries (collectively other than the Group Companies), and its and their respective successors and assigns, and anyone claiming through any of them (collectively, the “Releasing PartiesReleasors”) does ), hereby forever fully and completely releaseirrevocably release and discharge Buyer, acquit the Company and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successorsdirect and indirect subsidiaries and its and their respective past, assigns, heirs, affiliates, subsidiaries, parent companies, principals, present and future directors, officers, managers, employees, shareholders agents and agents (hereinafter called the “Lender Parties”)representatives, and any other personits and their respective heirs, firmexecutors, businessadministrators, corporationestates, insurerpredecessors, or association which may be responsible or liable for the acts or omissions of the Lender Partiessuccessors and assigns, or who may be liable for the injury or damage resulting therefrom as applicable, such individuals solely in their official capacities as such (collectively collectively, the “Released Parties”), of and from any and all actions, causes of actionsuits, suitsclaims, demands, debts, disputes, damages, claimsagreements, obligations, liabilitiespromises, judgments or liabilities of any kind whatsoever in law or equity and causes of action of every kind and nature or otherwise (including, claims for damages under a writing or contract or agreement or arising under duty or alleged tortious conduct, costs, expenses and attorneys’, brokers’, financial advisors’ and accountants’ fees and expenses) arising out of or related to events, fees facts, promises, representations (orally or in writing, affirmative or omitted), conditions or circumstances existing or arising on or prior to the Effective Date, which the Releasors can, shall or may have against the Released Parties, whether known or unknown, patent or latent, suspected or unsuspected, unanticipated as well as anticipated (collectively, the “Released Claims”), and hereby irrevocably agrees to waive and refrain from directly or indirectly asserting any claim or demand or commencing (or causing to be commenced) any proceeding of any kind, in any court or before any arbitration, alternative dispute resolution or other tribunal, against any Released Party based upon any Released Claim. Notwithstanding the preceding sentence of this Section 2, “Released Claims” does not include, and the provisions of this Section 2 shall not release or otherwise diminish (a) any obligation, right, benefit or entitlement of any party hereto set forth in or arising under any provision of the Purchase Agreement, this Release Agreement or any other Ancillary Agreement (including, without limitation, reasonable attorneys’ feesany obligation to make a payment to a Releasor Party, or the right of a Releasor Party to receive a payment, of the transaction proceeds in accordance with and subject to the terms of the Purchase Agreement or such other agreement); and (b) claims which may not otherwise be released as a matter of applicable Law. Each Releasor Party covenants and demands of agrees that it will not at any kind time hereafter commence, initiate or make any charge, complaint, action, suit, proceeding, hearing, claim or demand whatsoever, at law whether direct or in equityindirect, whether matured express or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may havederivative, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to Parties, in respect of any Released Claim. The release set forth in this Section 2 may be heard) which determination includes a specific finding that one pleaded by any of the Released Parties acted in a grossly negligent mannerParties, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 the basis for an injunction against any actionaction at law or equity instituted or maintained against such Released Party in violation hereof. If any Released Claim is brought or maintained by a Releasor Party against any Released Party in violation of the release set forth in this Section 2, suit or other proceeding which may such Releasor Party will be institutedresponsible for all costs and expenses, prosecuted or attempted including reasonable attorneys’ fees, incurred by the Released Party in breach of defending the same. As to the Released Claims, the Releasors acknowledge and agree that they are aware of, have had the opportunity to seek legal counsel and are familiar with the provisions of such release. To California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” With full awareness and understanding of this provision, the furthest extent permitted by law, Borrower Releasors hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and waive all rights and benefits that it respectively may have as against any of the Lender Parties this provision or any other Released Parties comparable provision under any lawstate, rule federal or regulation non-U.S. law may give to such party as well as under any other statute or common law principles of similar effect. The Releasors understand that the facts with respect to which the release in this Section 2 is given may hereafter prove to be different from the facts now known or believed by them, and the Releasors hereby accept and assume the risk thereof and agree that such release and this Release Agreement shall be and shall remain, in all respects, effective and not subject to termination or rescission by reason of any jurisdiction that would or could have the effect of limiting the extent to which a such difference in facts. The releases herein shall be construed broadly as general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofreleases.

Release. For and in In further consideration of any Loan and each advance or other financial accommodation hereunderLender’s execution of this Second Amendment, each the Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees successors (including, without limitation, reasonable attorneys’ feesany trustees acting on behalf of Borrower and any debtor-in-possession with respect to any of them), assigns, subsidiaries and affiliates, hereby forever releases Lender and its respective successors, assigns, parents, subsidiaries, affiliates, officers, employees, directors, agents and attorneys (collectively, the “Released Parties”) from any and demands all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of any kind whatsoever, action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, known or unknown, matured or unmatured, liquidated fixed or unliquidatedcontingent (collectively, vested or contingent“Claims”), ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) Borrower may have or may have, against the Released Parties which arise from or relate to any actions which the Released Parties may have taken or omitted to take prior to the date this Second Amendment was executed, including without limitation with respect to the obligations of Borrower and any third parties liable in whole or in part, and as debtor, surety or guarantor, for the said obligations and any collateral for the said obligations, except in case of willful misconduct or gross negligence, and except for any breach by the Lender of this Agreement or any other Loan Document.. This release shall include all claims based on the “per annum” calculation as defined in the Note of them interest due to be paid by Borrower, based on the “per annum” definition contained in the Illinois Interest Act, 815 Ill. Comp. Stat. §205/9 et seq., and the duty of good faith and fair dealing. This release shall constitute a complete defense of all Claims. Nothing in this release shall be construed (whether directly or indirectlyshall be admissible in any legal action or proceeding) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or an admission by any of the Released Parties have had an opportunity to be heard) that any defense, indebtedness, obligation, liability, claims or cause of action exists which determination includes a specific finding that one is in the scope of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower those hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofreleased.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder(a) Tenant hereby releases Landlord, each Borrowerits predecessors, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirspredecessors-in-interest, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lendersuccessors-in-interest, and each of their respective successors, assigns, heirs, affiliates, any of its or their subsidiaries, parent companies and related companies, principalsif any, and any of its or their past, present or future directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”)shareholders, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)employees, of and from any and all manner of actions, causes past, present or future claims, demands and controversies whatsoever, if any, known or unknown, arising in connection with or relating to the Lease. (b) Effective upon Landlord’s receipt of actionthe $83,000.00 payment described in Section 2(a), suitsabove, debtsconcurrently with Tenant’s execution and delivery of this First Amendment to Landlord, disputesLandlord hereby releases Tenant, damagesits predecessors, predecessors-in-interest, successors, successors-in-interest, and assigns, any of its subsidiaries, parent companies and related companies, if any, and any of its or their past, present or future directors, officers, shareholders, and employees, of and from all manner of actions, past, present or future claims, demands and controversies whatsoever, if any, known or unknown, arising in connection with or relating to any late payments of Rent or failure to pay Rent on a timely basis prior to the date of this First Amendment. Upon the later of the Expiration Date or the date on which Tenant has fully and completely performed all of its duties, obligations, responsibilities, and liabilities under the Lease and this First Amendment (including the payment of Note “A” and Note “B” in accordance with their terms) and has fully and completely complied with the terms and provisions of the Lease (as amended hereby) (the later of such dates is herein called the “Completion Date”), Landlord shall release Tenant, its predecessors, predecessors-in-interest, successors, successors-in-interest, and assigns, any of its or their subsidiaries, parent companies and related companies, if any, and any of its or their past, present or future directors, officers, shareholders, and employees, of and from all manner of actions, past, present or future claims, demands and controversies whatsoever, if any, known or unknown, arising in connection with or relating to the Lease, except for any actions, claims, obligationsdemands, liabilities, costs, expenses, fees or controversies arising with respect to events occurring or circumstances existing prior to or as of the Completion Date (including, without limitation, reasonable attorneys’ fees) any such actions, claims, demands or controversies arising in connection with Tenant’s duties and demands of any kind whatsoever, at law obligations set forth in Article 9 or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any Section 14.1 of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofLease).

Release. For As a material part of the consideration for the Administrative Agent and in consideration of any Loan the Lenders entering into this Limited Waiver, the Borrower and each advance or other financial accommodation hereunderSubsidiary Guarantor (collectively, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing PartiesReleasors”) does agree as follows (the “Release Provision”): (a) The Releasors, jointly and severally, hereby fully and completely release, acquit release and forever discharge the Administrative Agent, the Swingline Lender, the Issuing Lender each Lender and the Administrative Agent’s, the Swingline Lender’s, Issuing Lender’s and each Lender’s predecessors, and each of their respective successors, assigns, heirsofficers, affiliatesmanagers, directors, shareholders, employees, agents, attorneys and other professionals, representatives, parent corporations, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents affiliates (hereinafter called all of the above collectively referred to as the “Lender PartiesGroup”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, causes of actioncounterclaims, demands, damages, debts, agreements, covenants, suits, debts, disputes, damages, claimscontracts, obligations, liabilities, costsaccounts, expensesoffsets, fees (includingrights, without limitationactions, reasonable attorneys’ fees) and demands causes of action of any kind whatsoever, nature whatsoever and whether arising at law or in equity, presently possessed, whether matured known or unmaturedunknown, whether liability be direct or indirect, liquidated or unliquidated, vested presently accrued, whether absolute or contingent, ▇▇▇foreseen or unforeseen, and whether or not heretofore asserted arising out of, arising under or related to the Loan Documents (collectively, the “Claims”), that Releasors may have or allege to have against any or all of the Lender Group and that arise from events occurring before the Limited Waiver Effective Date. (b) The Releasors agree not to ▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lender Group nor in any way assist any other person or entity in suing the Lender Group with respect to be heard) which determination includes a specific finding that one any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductClaims released herein. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the release contained herein. (c) The Releasors acknowledge, warrant, and represent to Lender Group that: (i) The Releasors have read and understand the effect of the Release Provision. The Releasors have had the assistance of independent counsel of their own choice, or have had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for Releasors has read and considered the Release Provision and advised Releasors with respect to the same. Before execution of this Limited Waiver, the Releasors have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of the Release Provision. (ii) The Releasors are not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. The Releasors acknowledge that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) The Releasors have executed this Limited Waiver and the Release Provision thereof as a free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person or entity. (iv) The Releasors are the sole owners of the Claims released by the Release Provision, and the Releasors have not heretofore conveyed or assigned any interest in any such Claims to any other person or entity. (d) The Releasors understand that the Release Provision was a material consideration in the agreement of the Administrative Agent, Swingline Lender, Issuing Lender and each Lender to enter into this Limited Waiver. (e) It is the express intent of the Releasors that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by the Releasors of any Claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions of such release. To shall remain in full force and effect. (g) The Releasors acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe with respect to the furthest extent permitted by lawClaims released herein, Borrower hereby knowinglybut the Releasors expressly shall have and intend to fully, voluntarily, intentionally finally and expressly waives forever have released and relinquishes discharged any and all rights and benefits that it respectively may have as against such Claims. The Releasors expressly waive any provision of the Lender Parties statutory or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have decisional law to the effect of limiting the extent to which that a general release extends does not extend to claims which any of Claims that the Releasing Parties releasing party does not know or suspect to exist as in such party’s favor at the time of executing the date hereofrelease.

Release. For As a material part of the consideration for the Administrative Agent and in consideration of any Loan the Lenders entering into this Fifth Amendment, the Borrower and each advance or other financial accommodation hereunderSubsidiary Guarantor (collectively, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing PartiesReleasors”) does agree as follows (the “Release Provision”): (a) The Releasors, jointly and severally, hereby fully and completely release, acquit release and forever discharge the Administrative Agent, the Swingline Lender, the Issuing Lender each Lender and the Administrative Agent’s, the Swingline Lender’s, Issuing Lender’s and each Lender’s predecessors, and each of their respective successors, assigns, heirsofficers, affiliatesmanagers, directors, shareholders, employees, agents, attorneys and other professionals, representatives, parent corporations, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents affiliates (hereinafter called all of the above collectively referred to as the “Lender PartiesGroup”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, causes of actioncounterclaims, demands, damages, debts, agreements, covenants, suits, debts, disputes, damages, claimscontracts, obligations, liabilities, costsaccounts, expensesoffsets, fees (includingrights, without limitationactions, reasonable attorneys’ fees) and demands causes of action of any kind whatsoever, nature whatsoever and whether arising at law or in equity, presently possessed, whether matured known or unmaturedunknown, whether liability be direct or indirect, liquidated or unliquidated, vested presently accrued, whether absolute or contingent, ▇▇▇foreseen or unforeseen, and whether or not heretofore asserted arising out of, arising under or related to the Loan Documents (collectively, the “Claims”), that Releasors may have or allege to have against any or all of the Lender Group and that arise from events occurring before the Fifth Amendment Effective Date. (b) The Releasors agree not to ▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lender Group nor in any way assist any other person or entity in suing the Lender Group with respect to be heard) which determination includes a specific finding that one any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductClaims released herein. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the release contained herein. (c) The Releasors acknowledge, warrant, and represent to Lender Group that: (i) The Releasors have read and understand the effect of the Release Provision. The Releasors have had the assistance of independent counsel of their own choice, or have had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for Releasors has read and considered the Release Provision and advised Releasors with respect to the same. Before execution of this Fifth Amendment, the Releasors have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of the Release Provision. (ii) The Releasors are not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. The Releasors acknowledge that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) The Releasors have executed this Fifth Amendment and the Release Provision thereof as a free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person or entity. (iv) The Releasors are the sole owners of the Claims released by the Release Provision, and the Releasors have not heretofore conveyed or assigned any interest in any such Claims to any other person or entity. (d) The Releasors understand that the Release Provision was a material consideration in the agreement of the Administrative Agent, Swingline Lender, Issuing Lender and each Lender to enter into this Fifth Amendment. (e) It is the express intent of the Releasors that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by the Releasors of any Claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions of such release. To shall remain in full force and effect. (g) The Releasors acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe with respect to the furthest extent permitted by lawClaims released herein, Borrower hereby knowinglybut the Releasors expressly shall have and intend to fully, voluntarily, intentionally finally and expressly waives forever have released and relinquishes discharged any and all rights and benefits that it respectively may have as against such Claims. The Releasors expressly waive any provision of the Lender Parties statutory or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have decisional law to the effect of limiting the extent to which that a general release extends does not extend to claims which any of Claims that the Releasing Parties releasing party does not know or suspect to exist as in such party’s favor at the time of executing the date hereofrelease.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunderEffective at the Closing, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intentSeller, for itself and on behalf of itself its Affiliates, hereby irrevocably and its agentsunconditionally releases, attorneys, heirs, successorsacquits, and assigns (collectively forever discharges, without any additional consideration or the “Releasing Parties”) does hereby fully and completely releaseneed for additional documentation, acquit and forever discharge the Administrative AgentMavrix, Issuing Lender and each LenderCanton Renewables, ▇▇▇▇ ▇▇▇▇▇▇, and each of their respective successors, assigns, heirs, affiliatesand legal and personal representatives (collectively, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all charges, complaints, claims, suits, judgments, demands, actions, obligations or Liabilities, damages, causes of action, suits, debts, disputes, damages, claims, obligations, liabilitiesrights, costs, expensesloans, fees debts and expenses (including, without limitation, reasonable including attorneys’ fees) fees and demands costs actually incurred), of any kind nature whatsoever, at law known, unknown, or in equitypresently unknowable, contingent or absolute, whether matured asserted or unmaturednot, liquidated now existing or unliquidatedwhich may subsequently accrue to them in the future, vested emanating from, in connection with, related to or contingentarising out of the ownership of Mavrix, Canton Renewables and ▇▇▇▇ ▇▇▇▇▇▇ or inchoatethe management or operation of the Business before the Closing, known provided, however, that nothing in this Section 4.22 shall (a) limit in any manner any rights to indemnification, advancement or unknown that the Releasing Parties (or any reimbursement of them) have or may haveexpenses to which current and former directors, against officers and managers of the Released Parties may be entitled to pursuant to the applicable Organizational Documents, (b) constitute a release of claims against Aria, Republic Services, Inc. or any other member, strategic partner or contractual counterparty of them any of the Released Parties, or (whether directly c) apply to any employee or indirectly) contractor of Seller or its Affiliates prior to the Closing, including, without limitation, the Transferred Employees (the “Released Claims”). This release shall only relate to those claims relating to events the conduct occurring on or before the date of this AgreementClosing Date. Effective at the Closing, other than Seller hereby agrees that it shall not, and shall cause its Affiliates not to, institute, pursue, solicit, encourage, or assist any Proceeding or claim as in state, provincial or federal court against or adverse to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity arising from or attributable to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofClaims.

Release. For (a) Effective upon the Closing, each Seller and Founder, on behalf of itself and such Seller’s or Founder’s Affiliates (each, a “Seller Releasor”), hereby release and forever discharges the Buyer, the Companies and its and their respective successors, assigns and past, present and future directors, managers, officers and employees, and each of their respective heirs, successors and assigns, in consideration each case in their capacities as such (each, a “Buyer Releasee”) from any and all claims, demands, Proceedings, causes of action, Losses and liabilities whatsoever (including reasonable attorneys’ fees), of any Loan nature, at Law or in equity, which a Seller or other Releasor now has, has ever had or may hereafter have against any Releasee arising contemporaneously with or prior to the Closing in their capacity as an equityholder of any of the Companies (collectively, “Seller Released Claims”); provided, however, that nothing contained herein will operate to release, and the Seller Released Claims will not include, any claims, demands, Proceedings, causes of action, Losses or liabilities whatsoever (including reasonable attorneys’ fees), at Law or in equity, (a) arising under or in connection with this Agreement or the Ancillary Agreements, or (b) claims for Fraud (a “Buyer Excluded Claim”). Each Seller, on behalf of itself and the other Seller Releasors, agrees that this release shall act as a release of all Seller Released Claims, whether such Seller Released Claims are currently known or unknown, foreseen or unforeseen, contingent or absolute, asserted or unasserted, and each advance Seller, on behalf of itself and the other Seller Releasors, intentionally and specifically waives any statute or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallyrule which may prohibit the release of future rights or a release with respect to unknown claims. The Buyer Releasees are intended third-party beneficiaries of this release, and irrevocablythis release may be enforced by each of them in accordance with the terms hereof in respect of the rights granted to such ▇▇▇▇▇ Releasees hereunder. If any provision of this release is held invalid or unenforceable by any court of competent jurisdiction, with specific the other provisions of this release will remain in full force and express intenteffect. (b) Effective upon the Closing, for and the Buyer, on behalf of itself and its agentsAffiliates (each, attorneysa “Buyer Releasor”), heirshereby release and forever discharges the Sellers, the Founders and its and their respective successors, assigns and assigns (collectively the “Releasing Parties”) does hereby fully past, present and completely releasefuture directors, acquit managers, officers and forever discharge the Administrative Agent, Issuing Lender and each Lenderemployees, and each of their respective successorsheirs, successors and assigns, heirsin each case in their capacities as such (each, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the a “Lender PartiesSeller Releasee”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsclaims, demands, Proceedings, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees Losses and liabilities whatsoever (including, without limitation, including reasonable attorneys’ fees) and demands ), of any kind whatsoevernature, at law Law or in equity, whether matured or unmaturedwhich a Buyer Releasor now has, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have has ever had or may have, hereafter have against any Seller Releasee arising contemporaneously with or prior to the Released Parties or any Closing in their capacity as an equityholder of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Companies (collectively, “Buyer Released Parties have had Claims”); provided, however, that nothing contained herein will operate to release, and the Buyer Released Claims will not include, any claims, demands, Proceedings, causes of action, Losses or liabilities whatsoever (including reasonable attorneys’ fees), at Law or in equity, (a) arising under or in connection with this Agreement or the Ancillary Agreements, or (b) claims for Fraud (an opportunity to be heard) which determination includes a specific finding that one “Seller Excluded Claim”). The Buyer, on behalf of itself and the Released Parties acted in a grossly negligent mannerother Buyer Releasors, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the this release set forth above may be pleaded shall act as a full release of all Buyer Released Claims, whether such Buyer Released Claims are currently known or unknown, foreseen or unforeseen, contingent or absolute, asserted or unasserted, and complete defense the Buyer, on behalf of itself and may be used as a basis for an injunction against any action, suit or the other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarilyBuyer Releasors, intentionally and expressly specifically waives any statute or rule which may prohibit the release of future rights or a release with respect to unknown claims. The Seller Releasees are intended third-party beneficiaries of this release, and relinquishes any and all rights and benefits that it respectively this release may have as against any be enforced by each of them in accordance with the terms hereof in respect of the Lender Parties rights granted to such Seller Releasees hereunder. If any provision of this release is held invalid or unenforceable by any court of competent jurisdiction, the other Released Parties under any law, rule or regulation provisions of any jurisdiction that would or could have the effect of limiting the extent to which a general this release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofwill remain in full force and effect.

Release. For In order to induce the Administrative Agent and in consideration of any Loan and each advance or other financial accommodation hereunderthe Lenders to enter into this Amendment, each Borrower, voluntarily, knowingly, unconditionally, Borrower acknowledges and irrevocably, with specific and express intent, for and on behalf agrees that: (i) no Borrower has any claim or cause of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge action against the Administrative Agent, Issuing Agent or any Lender and each Lender, and each (or any of their its respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (ii) no Borrower has any offset right, shareholders counterclaim or defense of any kind against any of their respective obligations, indebtedness or liabilities to the Administrative Agent or any Lender; and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions iii) each of the Lender PartiesAdministrative Agent and the Lenders has heretofore properly performed and satisfied in a timely manner all of its obligations to each Borrower. The Borrowers wish to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Administrative Agent's and the Lenders' rights, interests, contracts, collateral security or damage resulting therefrom remedies. Therefore, each Borrower unconditionally releases, waives and forever discharges (collectively the “Released Parties”), of and from A) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Administrative Agent or any Lender to any Borrower, except the obligations to be performed by the Administrative Agent or any Lender on or after the date hereof as expressly stated in this Amendment, the Credit Agreement and the other Loan Documents, and (B) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which any Borrower might otherwise have against the Releasing Parties (Administrative Agent, any Lender or any of themits directors, officers, employees or agents, in either case (A) have or may have(B), against the Released Parties or on account of any condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist kind existing as of the date hereof, or occurring prior to the date hereof.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does Each Seller hereby fully and completely release, acquit releases and forever discharge discharges Buyer, the Administrative Agent, Issuing Lender and each Lender, NPS Entities and each of their respective successorsindividual, assignsjoint or mutual, heirspast, present and future directors, managers, officers, agents, partners, affiliates, stockholders, members, controlling persons, subsidiaries, parent companiessuccessors and assigns (individually, principalsa “Releasee” and collectively, directors, officers, employees, shareholders and agents (hereinafter called the “Lender PartiesReleasees”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actionsclaims, demands, proceedings, causes of action, suits, debts, disputes, damages, claimsorders, obligations, liabilitiescontracts, costsagreements, expensesdebts and liabilities whatsoever, fees whether known or unknown, suspected or unsuspected, both at law and in equity (collectively, “Claims”), which each Seller now has, has ever had or may hereafter have against the respective Releasees arising contemporaneously with or prior to the Closing Date or on account of or arising out of any matter, cause or event occurring contemporaneously with or prior to the Closing Date, including, but not limited to, any rights to indemnification or reimbursement from the Buyer or any NPS Entity, whether or not relating to claims pending on, or asserted after, the Closing Date; provided, however, that this Section 7.8 shall not in any way release any Claims arising under (a) this Agreement, any of the Transaction Documents or any other document executed in connection with the transactions contemplated hereby or thereby, including, without limitation, reasonable attorneys’ feesthat certain contribution agreement among the Sellers, (b) and demands any present or future obligation of the NPS Entities to provide indemnification to the Principals under the organizational documents of the NPS Entities, applicable insurance policies maintained by the NPS Entities or applicable law or (c) any obligation of the NPS Entities to pay the Principals any compensation or employee benefits to which the Principals are entitled in their capacity as employees of the NPS Entities that are either paid on or prior to the Closing or reflected on the Closing Financial Statements. Each Seller hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind whatsoeveragainst any Releasee, at law or based upon any matter purported to be released hereby. Without in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or way limiting any of the Released Parties have had an opportunity rights and remedies otherwise available to any Releasee, Sellers shall indemnify and hold harmless each Releasee from and against all Losses, whether or not involving third party claims, arising directly or indirectly from or in connection with the assertion by or on behalf of Sellers of any claim or other matter purported to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement released pursuant to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofthis Release.

Release. For (a) Each of Borrower and in consideration each Guarantor hereby acknowledges and agrees that as of April 23, 2010, the aggregate outstanding principal amount of the Advances and the Term Loan owing under the Credit Agreement was $189,623,057.45 and that such principal amount is payable pursuant to the Credit Agreement as modified hereby without defense, offset, withholding, counterclaim, or deduction of any Loan kind. Each Guarantor hereby further acknowledges and agrees that all of such principal amount constitutes Guarantied Obligations (as defined under the Guaranty). (b) Each of Borrower and each advance or other financial accommodation hereunderGuarantor hereby affirms, agrees, and represents that, pursuant to the Loan Documents, it has granted to the Agent, as security for the Obligations (including obligations under this Agreement and the Credit Agreement, as modified hereby, but excluding, in the case of Liens in and to Real Property, the Bank Product Obligations), a first-priority, perfected security interest and Lien in and to all its rights with respect to substantially all of its assets, which security interests and Liens are validly created, perfected, and first-priority security interests and Liens, subject only to Permitted Liens. (c) As of the date hereof, each Borrowerof Borrower and each Guarantor, voluntarilyits successors in title, knowingly, unconditionallylegal representatives, and irrevocablyassignees and, with specific to the extent the same is claimed by right of, through, or under each of Borrower and express intenteach Guarantor, for its past, present, and on behalf of itself future employees, agents, representatives, officers, directors, shareholders, and its trustees, do hereby and shall be deemed to have forever remised, released, and discharged the Lender Group, and Lender Group’s respective successors in title, legal representatives, and assignees, past, present, and future officers, directors, shareholders, trustees, agents, employees, consultants, experts, advisors, attorneys, heirs, successors, and assigns other professionals and all other persons and entities to whom any member of the Lender Group would be liable if such persons or entities were found to be liable to each of Borrower and each Guarantor (collectively the “Releasing Parties”) does hereby fully and completely releasehereinafter, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all manner of action and actions, cause and causes of action, claims, charges, demands, counterclaims, suits, debts, disputesdues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, damages, claims, obligations, liabilities, costsjudgments, expenses, fees (includingexecutions, without limitationliens, reasonable claims of liens, claims of costs, penalties, attorneys’ fees) and demands , or any other compensation, recovery or relief on account of any kind whatsoeverliability, at law obligation, demand or cause of action of whatever nature relating to, arising out, of or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that connection with the Releasing Parties (Credit Agreement or any of them) have or may haveother Loan Document, against including, but not limited to, acts, omissions to act, actions, negotiations, discussions, and events resulting in the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date completed documentation and execution of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manneras, illegal manner or with actual willful misconduct. Each among, Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Guarantor and the Lender Parties, such claims whether now accrued and whether now known or hereafter discovered, from the beginning of time through the date hereof. (d) Each of Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower Guarantor hereby knowingly, voluntarily, intentionally intentionally, and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any under Section 1542 of the Lender Parties California Civil Code, or any other Released Parties under any law, rule or regulation similar provision of any jurisdiction that would or could have other jurisdiction, as against the effect of limiting the extent to which a general release extends to claims which any Lender Parties. Section 1542 of the Releasing Parties does not know or suspect to exist as Civil Code of California provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. (e) As of the date hereof, each of Borrower and each Guarantor hereby acknowledges that the foregoing waiver of the Section 1542 of the California Civil Code was separately bargained for. As of the date hereof, each of Borrower, Parent and each other Guarantor knowingly, voluntarily, intentionally, and expressly waives any and all rights and benefits conferred by Section 1542, or by any law of the any state or territory of the United States or any foreign country or principle of common law that is similar or analogous to Section 1542 and agrees and acknowledges that this waiver is an essential term of this Agreement, without which the consideration would not have been given by the Lender Group to Borrower and each Guarantor.

Release. For Effective immediately following the Closing and in consideration subject to each Seller’s receipt of any Loan and each advance or other financial accommodation hereunderthe applicable Shareholder Consideration payable to the Seller pursuant to this Agreement, each Borrower, voluntarily, Seller hereby knowingly, unconditionallyfully, unconditionally and irrevocablyirrevocably releases, with specific acquits and express intent, for and discharges forever (on behalf of itself the undersigned and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective any successors, assigns, constituent stockholders, members or partners, officers, employees, agents, heirs, affiliatesexecutors, subsidiariesadministrators and legal representatives of the undersigned that might allege a claim through him, parent companiesher or it) (collectively, principalsthe “Releasors”), any and all claims, demands, proceedings, causes of action, orders, judgments, obligations, preemptive rights, stockholder rights, contracts, agreements, debts and liabilities of whatever kind or nature, whether at law or equity, that such Seller has or may have against Buyer, the Acquired Companies or any present or former director, officer, employee, stockholder, partner, member, representative, Affiliate or successor thereof (collectively, the “Releasees”), whether asserted or unasserted, known or unknown, contingent or noncontingent or past or present, arising or resulting from or relating, directly or indirectly, to the Seller’s status as an equityholder of the Company, the conduct, management or operation of the business and affairs of the Acquired Companies or any act, omission, event or occurrence, in each case prior to the Closing, including without limitation, those relating to (a) the Acquired Companies, (b) any Equity Interests held by such Seller, or (c) any rights or interests in any other securities of the Company (including any options or other rights to acquire shares or securities) including, without limitation, a breach of fiduciary duty in connection with the approval of the Company Documents, that the Releasors may have against the Releasees. Notwithstanding the foregoing, nothing in this paragraph will be deemed to constitute a release by such Releasor of (w) any right of the Releasor under this Agreement or any right of the Releasor or the Seller Representative under this Agreement (including, but, not limited to, the right to receive such Releasor’s respective portion of the Shareholder Consideration) or the Notes, (x) the right of service providers to the Acquired Companies (including the Completion Bonus Recipients) to receive the compensation and benefits to which they are entitled from Buyer or the Acquired Companies (including the Completion Bonuses) or any other rights of employees arising from their status as employees, whether by written employment or bonus agreement or otherwise, (y) all rights of any present or former directors, officers and employees to indemnification, exculpation and advancement of expenses under the organizational documents or other agreement or under any directors’ and officers’ liability insurance policies of the Acquired Companies, or (z) rights that may not be released as a matter of applicable Law. In addition, absent manifest error, upon acceptance of each payment of Shareholder Consideration (provided that such payment is made to the Releasor or the Seller Representative in accordance with and pursuant to the terms of this Agreement), each Seller will be deemed to have accepted all aspects of the calculation of such payment amount and any other matter associated therewith and unconditionally released and discharged Buyer, the Acquired Companies and any of their respective Affiliates, representatives, shareholders, directors, officers, employees, shareholders employees and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of their respective successors and assigns from any and all actionsclaims in connection with, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equityany manner related to or arising under, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofpayment amount.

Release. For Buyer expressly understands and agrees that except for the representations and warranties set forth in consideration of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallySection 3.1 above, and irrevocablythe provisions of Section 4.5(a) above and Section 5.10 below, with specific Buyer is accepting the conveyance of the Properties and express intentthe Purchased Assets, in their “AS IS, WHERE IS” condition as of Closing, and except for any indemnification obligation identified in Article 8, Buyer shall make no claim against Seller, Seller’s Affiliates, their officers and on behalf of itself and its directors, employees, agents, attorneys, heirs, successorssubsidiary and affiliate companies and divisions, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each all of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders successors and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom assigns (collectively the “Released Parties”)) with respect to: (i) the Contamination; (ii) Seller’s compliance with Environmental Laws; and (iii) the environmental condition of the Properties and the Purchased Assets, or Seller’s ownership or operation of the Properties and the Purchased Assets. Effective upon the occurrence of the Closing, except solely as otherwise expressly provided for herein, Buyer and Buyer’s Affiliates hereby release the Released Parties from any and all actionsANY AND ALL CLAIMS, causes of actionINCLUDING, suitsBUT NOT LIMITED TO, debtsTHOSE ARISING FROM THE NEGLIGENCE (INCLUDING GROSS NEGLIGENCE AND STRICT LIABILITY) AND WILLFUL MISCONDUCT, disputesOF THE RELEASED PARTIES PRIOR TO CLOSING, damageswhether such claims are now existing or arising in the future, claimsforeseen or unforeseen, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoeverknown or unknown, at law or in equity, whether matured including those which arise out of or unmaturedrelate to or result in any way from, liquidated allegedly or unliquidatedin fact, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any condition of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one Properties and the Purchased Assets, the Contamination, or the ownership or operation of the Released Parties acted in a grossly negligent mannerProperties and the Purchased Assets by Seller. This release shall include, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release but is a material inducement not limited to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes (x) any and all rights claims under the Environmental Laws; (y) any and benefits that it respectively may have as against any all claims for injury, death, destruction, loss or damage to the person or property of Buyer and Buyer’s Affiliates arising out of (1) the environmental condition of the Lender Parties Properties and the Purchased Assets and the improvements and the equipment on the Properties and the Purchased Assets, and (2) the existence of Contamination at, on, under, or migrating or originating from the Properties and the Purchased Assets; and (z) any other Released Parties under any lawand all Liability for further assessment, rule or regulation cleanup and remediation of any jurisdiction that would or could have and all Contamination at the effect of limiting Properties and the extent Purchased Assets. Buyer expressly assumes all such Liabilities related to which a general release extends to claims which any all of the Releasing Parties does not know or suspect to exist as of the date hereofforegoing.

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunderEffective at the Stock Sale Closing Time, each Borrowerof the undersigned Selling Securityholders, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of himself, herself or itself and his, her or its agents, attorneysassigns, heirs, successorsbeneficiaries, representatives, agents and assigns Affiliates (collectively excluding any other Selling Securityholder and any portfolio companies, the “Releasing Parties”) does ), hereby fully and completely releasefinally releases, acquit acquits and forever discharge discharges the Administrative Agent, Issuing Lender and each Lender, Acquired Companies and each of their respective present and former officers, directors, employees, agents, predecessors, successors, assigns, heirsinsurers and attorneys (solely in their respective capacities as such, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of ) (and excluding any other Securityholders in their respective capacities as such) from any and all actionsclaims, causes of action, suitsliabilities, debtslosses, disputescosts, damages, claimspenalties, obligationscharges, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) expenses and demands all other forms of any kind liability or obligation whatsoever, at in law or in equity, whether matured asserted or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoateunasserted, known or unknown unknown, foreseen or unforeseen (“Claims”), arising prior to the Stock Sale Closing Time and relating to the Acquired Companies, the Acquired Stock, the Initial Stock Sale or any other transactions contemplated by this Agreement (collectively, the “Released Claims”); provided, however, that the Releasing Parties Released Claims shall exclude any Claims arising from or relating to or in connection with (i) rights or obligations under this Agreement and the Ancillary Agreements or any other agreements entered into in connection with the transactions contemplated by this Agreement, (ii) any claim or right (A) to indemnification under (1) the certificate of them) have incorporation, bylaws or may have, against other organizational documents of the Released Parties or any of them (whether directly or indirectly) relating to events occurring Acquired Companies as in effect on or before the date of this Agreement, other than the Initial Stock Sale or (2) any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent indemnification or similar agreement between such Selling Securityholder and Lenders or any of the Released Parties have had an opportunity to be heardAcquired Companies, or (B) which determination includes a specific finding that one under any director & officer policy or insurance of the Released Parties acted Acquired Companies then in a grossly negligent mannereffect, illegal manner (iii) with respect to any Selling Securityholders that were employed by any of the Acquired Companies immediately prior to the Stock Sale Closing Time, any ordinary course accrued or continuing liabilities and obligations of the Acquired Companies incurred in connection with actual willful misconductsuch Selling Securityholder’s employment by such Acquired Company prior to the Stock Sale Closing Time (e.g., accrued salary, vacation, expense reimbursements, benefits under Employee Plans, etc.). Each Borrower Selling Securityholder, for itself only, expressly acknowledges that the foregoing release is a material inducement contained herein applies to Administrative Agent’s all Released Claims as defined herein, whether such Released Claims are known or unknown, and each Lender’s include Released Claims which if known by the Releasing Party might materially affect its decision to extend effect the settlement contained herein. Each Selling Securityholder, for itself only, has considered and taken into account the possible existence of such Released Claims in determining to Borrower execute and deliver this Agreement. Without limiting the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 generality of the provisions of such release. To foregoing, solely with respect to the furthest extent permitted by lawReleased Claims, Borrower hereby knowinglyeach Selling Securityholder, voluntarilyfor itself only, intentionally and expressly waives and relinquishes any and all rights and benefits conferred upon it by any statute or rule of Law that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction provides that would or could have the effect of limiting the extent to which a general release extends does not extend to claims which any of the Releasing Parties Party does not know or suspect to exist as in its favor at the time of executing the date hereofrelease, which if known by the Releasing Party would have materially affected the Releasing Party’s settlement with the Released Parties. This Agreement constitutes a complete defense of any and all Released Claims.

Release. For In consideration for the agreements and covenants of Parent set forth in consideration of any Loan this Agreement, including Parent’s agreement to pay the Purchase Price, effective upon and each advance or other financial accommodation hereunderconditioned upon the Closing, each BorrowerEquityholder, voluntarilyon his, knowingly, unconditionally, and irrevocably, with specific and express intent, for her or its own behalf and on behalf of itself and his, her or its agentsAffiliates (except any portfolio companies of such Equityholder in the case of venture capital, attorneys, heirsprivate equity or similar funds), successors, assigns, administrators, heirs and assigns executors (collectively collectively, the “Releasing Parties”) does ), hereby fully and completely releaseirrevocably releases each of Parent, acquit and forever discharge Merger Sub, the Administrative AgentCompany (including the Surviving Corporation), Issuing Lender and each Lenderother Acquired Company, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, current and former directors, officers, employees, shareholders agents, predecessors, successors, assigns, equityholders, partners and agents Affiliates (hereinafter called the “Lender Parties”)collectively, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actions, causes Proceedings and Liabilities of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) every kind and demands of any kind nature whatsoever, at law in law, equity or in equityotherwise, whether matured known or unmaturedunknown, absolute or contingent, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties had, has or could have in respect of any matter from the beginning of time through the Closing (collectively, the “Released Claims”); provided, however, the foregoing release shall not apply to, and the Released Claims shall expressly exclude, any claims the Releasing Parties may have (i) under this Agreement or any other Transaction Documents, including any rights to any payment of themthe pursuant to the terms hereof or thereof, (ii) pursuant to any employment, employee benefit or indemnification Contract between such Releasing Party and any Released Party, including any unpaid salary, bonus, expense reimbursements, contractual severance or other employment benefits otherwise owed to such Equityholder (it being agreed and acknowledged that the foregoing exception shall not limit, restrict, mitigate or modify any release or waiver otherwise provided by certain Equityholders in any other Transaction Document), (iii) as a result of any Releasing Party’s ownership of shares of the stock of Parent or any other Released Party (other than an Acquired Company) or with respect to any products or services sold or provided by any Released Party or otherwise unrelated to the Acquired Companies and the transactions contemplated hereby, or (iv) any rights to any indemnification under Released Party’s certificate of incorporation, bylaws or any applicable directors’ and officers’ liability insurance. Each Equityholder understands that, except as expressly set forth in this Section 4.12, this is a full and final release of all Proceedings and Liabilities of any nature whatsoever, whether or not known, suspected or claimed, that could have been asserted in any legal or may have, equitable proceeding against the Released Parties or any Parties. For the avoidance of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreementdoubt, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 in this Section 4.12 is an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach integral part of the provisions of Merger and the transactions contemplated by this Agreement and without such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any none of the Lender Parties Company, Parent or any other Released Parties under any law, rule or regulation of any jurisdiction that Merger Sub would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofentered into this Agreement.

Release. For As a material part of the consideration for the Administrative Agent and in consideration of any Loan the Lenders entering into this Amendment, the Borrower and each advance or other financial accommodation hereunderGuarantor signing this Amendment (collectively "Releasor") agree as follows (the "Release Provision"): (a) Releasor hereby releases and forever discharges the Administrative Agent and each Lender and the Administrative Agent's and each Lender's predecessors, each Borrowersuccessors, voluntarilyassigns, knowinglyofficers, unconditionallymanagers, and irrevocablydirectors, with specific and express intentshareholders, for and on behalf of itself and its employees, agents, attorneys, heirsrepresentatives, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliatesparent corporations, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents affiliates (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions all of the above collectively referred to as "Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of Group") jointly and severally from any and all actionsclaims, causes of actioncounterclaims, demands, damages, debts, agreements, covenants, suits, debts, disputes, damages, claimscontracts, obligations, liabilities, costsaccounts, expensesoffsets, fees (rights, actions, and causes of action of any nature whatsoever occurring prior to the date hereof, including, without limitation, reasonable attorneys’ fees) all claims, demands, and demands causes of any kind whatsoeveraction for contribution and indemnity, whether arising at law or in equity, presently possessed, whether matured known or unmaturedunknown, whether liability be direct or indirect, liquidated or unliquidated, vested presently accrued, whether absolute or contingent, ▇▇▇foreseen or unforeseen, and whether or not heretofore asserted ("Claims"), which Releasor may have or claim to have against any of Lender Group; except, as to any member of the Lender Group, to the extent that any such Claims results from any of gross negligence or willful misconduct of that member. (b) Releasor agrees not to ▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have Lender Group or may have, against the Released Parties in any way assist any other person or any of them (whether directly or indirectly) relating entity in suing Lender Group with respect to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductreleased herein. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. To the furthest extent permitted by lawrelease contained herein. (c) Releasor acknowledges, Borrower hereby knowinglywarrants, voluntarily, intentionally and expressly waives represents to Lender Group that: (i) Releasor has read and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have understands the effect of limiting the extent Release Provision. Releasor has had the assistance of independent counsel of its own choice, or has had the opportunity to which a general release extends to claims which any retain such independent counsel, in reviewing, discussing, and considering all the terms of the Releasing Parties does not know Release Provision; and if counsel was retained, counsel for Releasor has read and considered the Release Provision and advised Releasor to execute the same. Before execution of this Amendment, Releasor has had adequate opportunity to make whatever investigation or suspect to exist as inquiry it may deem necessary or desirable in connection with the subject matter of the date hereofRelease Provision. (ii) Releasor is not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. Releasor acknowledges that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) Releasor has executed this Amendment and the Release Provision thereof as its free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person. (iv) Releasor is the sole owner of the claims released by the Release Provision, and Releasor has not heretofore conveyed or assigned any interest in any such claims to any other person or entity. (d) Releasor understands that the Release Provision was a material consideration in the agreement of the Administrative Agent and each Lender to enter into this Amendment. (e) It is the express intent of Releasor that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by Releasor of any claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions shall remain in full force and effect.

Release. For and in consideration Upon the Date of any Loan and each advance or other financial accommodation hereunderFinal Judgment, each Borrower, voluntarily, knowingly, unconditionally, Releasing Party shall automatically and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively without further action by the “Releasing Parties”) does hereby fully and Party completely release, acquit acquit, and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “O.K. Foods Released Parties”), of and Parties from any and all claims, demands, actions, suits, causes of action, suitswhether class, debtsprivate attorney general, disputesparens patriae, qui tam, taxpayer, or any other capacity, direct or indirect, or in their individual capacity or otherwise in nature (whether or not any member of the Settlement Class has objected to the Settlement Agreement or makes a claim upon or participates in the Settlement Fund, whether directly, representatively, derivatively or in any other capacity) that the Releasing Party ever had, now has, or hereafter can, shall, or may ever have, on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, direct or indirect, injuries, losses, civil or other penalties, restitution, disgorgement, damages, claimsand the consequences thereof that have been asserted, obligationsor could have been asserted, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of in the Complaint or under any kind whatsoever, at federal law or any state law in equityany way arising out of or relating in any way to an alleged or actual conspiracy or agreement between any of the Defendants relating, whether matured directly or unmaturedindirectly, liquidated to (a) the Compensation paid or unliquidatedprovided to the Releasing Parties, vested directly or contingentindirectly, ▇▇▇▇▇▇ by Defendants, alleged co-conspirators, their respective subsidiaries, affiliates, and/or related entities (including but not limited to reducing competition for the hiring and retaining of, or inchoateto fixing, known depressing, restraining, exchanging information about, or unknown otherwise reducing that Compensation); or (b) exchanging information regarding the Compensation paid or provided to the Releasing Parties (any one, some or all of such claims are referred to herein as the “Released Claims”). Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, Defendant other than the O.K. Foods Released Parties, and (ii) any claim as claims that are both wholly unrelated to which a final determination is made the allegations or underlying conduct alleged in a judicial proceeding (in which the Administrative Agent Action and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 based on breach of the provisions of such releasecontract, negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defect, discrimination, COVID-19 safety protocols, failure to comply with wage and hours laws unrelated to anticompetitive conduct, or securities claims. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof.This

Release. For and in consideration (a) Effective for all purposes as of any Loan and each advance or other financial accommodation hereunderthe Closing, each BorrowerSeller, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and each of its agents, attorneystrustees, heirsbeneficiaries, successorsdirectors, officers, Affiliates, Subsidiaries, estate, successors and assigns (collectively the each, a “Seller Releasing PartiesParty”) does ), hereby fully irrevocably and completely release, acquit unconditionally releases and forever discharge discharges, to the Administrative Agentfullest extent permitted by Applicable Law, Issuing Lender the Company, Parent and each Lender, Buyer and each of their respective successors, assigns, heirsSubsidiaries, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders representatives, agents, members, stockholders, successors, predecessors and agents assigns (hereinafter called each, a “Buyer Released Party” and collectively, the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Buyer Released Parties”), of and ) from any and all actionscharges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages or causes of action, suits, debtsrights, disputes, damages, claims, obligations, liabilitiesdemands, costs, expensesDamages, fees debts and expenses (including, without limitation, reasonable including attorneys’ feesfees and costs incurred) and demands of any kind nature whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown unknown, suspected or unsuspected, existing or prospective (“Claims”), that the such Seller Releasing Parties (Party now has or hereafter may have against any or all of them) have or may have, against the Released Parties Parties, solely to the extent based on facts, whether or any of them (whether directly or indirectly) relating to events occurring not now known, existing on or before the date Closing and solely to the extent relating to the Company or its business or such Releasing Party’s status as a holder of any equity or debt of the Company (the “Seller Released Claims”). (b) Effective for all purposes as of the Closing, each of Buyer and Parent, on behalf of itself, the Company, and each of their respective agents, trustees, beneficiaries, directors, officers, Affiliates, Subsidiaries, estate, successors and assigns (each, a “Buyer Releasing Party” and collectively, the “Buyer Releasing Parties” and, together with the Seller Releasing Parties, collectively, the “Releasing Parties”), hereby irrevocably and unconditionally releases and forever discharges, to the fullest extent permitted by Applicable Law, each Seller, and each of their respective Subsidiaries, affiliates, directors, officers, employees, representatives, agents, members, stockholders, successors, predecessors and assigns (each, a “Seller Released Party” and collectively, the “Seller Released Parties” and, together with Buyer Released Parties, collectively, the “Released Parties”) from any and all Claims that such Buyer Releasing Party now has or hereafter may have against any or all of the Seller Released Parties, solely to the extent based on facts, whether or not now known, existing on or before the Closing and solely to the extent relating to the Company and its business, including the pre-Closing operations of the Company (the “Buyer Released Claims” and, together with the Seller Released Claims, the “Released Claims”). (c) Notwithstanding anything to the contrary contained in this Section 7.10, the Released Claims shall not include, and the Released Parties will remain liable to the Releasing Parties, with respect to, the liabilities and obligations, if any, they may have to the Releasing Parties, (i) pursuant to this Agreement, any Ancillary Agreement, any other than agreement or document executed or delivered pursuant to or in connection with this Agreement or the Transactions, (ii) with respect to any Releasing Party that is or was an employee, consultant or other service provider of the Company, for any and all matters relating to such Person’s employment or engagement with the Company, (iii) any rights any Releasing Party may have to indemnification or advancement or reimbursement of expenses under any directors’ liability insurance policy, tail insurance policy or pursuant to the Company Operating Agreement, and (iv) for any claim as for Fraud. (d) Each of Buyer, Parent and each Seller hereby represents and acknowledges that it has read the release in this Section 7.10 and understands its terms, is providing this release knowingly, freely and without coercion and has been given an opportunity to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any ask questions of the Released Parties have had an opportunity Party’s representatives and to be heard) which determination includes a specific finding that one consult with independent legal counsel of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductits own choosing. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s of Buyer, Parent and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders Seller further represents that in agreeing to make the Loans terms of this release by signing this Agreement, it does not rely, and in making each advance of Loan proceeds hereunder. Borrower understandshas not relied, acknowledges and agrees that the release on any representation or statement not set forth above in this release made by any representative of any Released Party or anyone else with regard to the subject matter, basis or effect of this release or otherwise. (e) Each of Buyer, Parent and each Seller hereby acknowledges that such party is familiar with Section 1542 of the Civil Code of the State of California (“Section 1542”), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF |US-DOCS\159043691.20|| EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. (f) Effective for all purposes as of the Closing, each of Buyer, Parent and each Seller waives and relinquishes on behalf of each Releasing Party any rights and benefits which such Releasing Party may have under Section 1542 or any similar statute or common law principle of any jurisdiction. Each of Buyer, Parent and each Seller acknowledges that it may hereafter discover facts in addition to or different from those which such party now knows or believes to be pleaded true with respect to the Released Claims, but it is such party’s intention to fully and finally and forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which do now exist or may exist or heretofore have existed between any Releasing Party and any Released Party with respect to the Released Claims. In furtherance of this intention, the releases herein shall be and remain in effect as a full and complete defense and may be used as a basis for an injunction against any action, suit general releases notwithstanding the discovery or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation existence of any jurisdiction that would such additional or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofdifferent facts.

Release. For Tenant releases Landlord from any liability for, waives all claims against Landlord and shall indemnify, defend and hold harmless Landlord, its employees, partners, agents, subsidiaries and affiliate organizations against any and all claims, suits, loss, costs (including costs of investigation, clean up, monitoring, restoration and reasonably attorney fees), damage or liability, whether foreseeable or unforeseeable, by reason of property damage (including diminution in consideration the value of the property of Landlord, damages for the loss of or restriction on the use of rentable or usable space, and from any adverse impact of Landlord’s marketing of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively space within the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”Buildings and/or Project), suits, administrative proceedings and costs (including, but not limited to, reasonable attorneys’ and consultant fees and court costs), personal injury or death arising at any time during or after the Term of this Lease in connection with or related to, directly or indirectly, the use, presence, transportation, storage, disposal, migration, removal, spill, release or discharge of Hazardous Substances on, in or about the Premises, or in any Common Areas or any other person, firm, business, corporation, insurer, portion of the Project as a result (directly or association which may be responsible indirectly) of the intentional or liable for the negligent acts or omissions of the Lender PartiesTenant or its employees, or who may be liable for the injury or damage resulting therefrom partners, agents, subsidiaries and affiliate organizations, licensees, vendors, contractors and invitees (collectively the collectively, “Released PartiesTenant’s Representatives”). Neither the written consent of Landlord to the presence, use or storage of and from Hazardous Substances in, on, under or about any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any portion of the Released Parties have had an opportunity to Premises, the Building, the Common Areas and the Project, nor the strict compliance by Tenant with Laws shall excuse Tenant from its obligations of indemnification pursuant hereto. Tenant shall not be heard) which determination includes a specific finding that one relieved of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 its indemnification obligations under the provisions of such releasethis Section 41.2 as a result of Landlord’s status as either an “owner” or “operator” under any applicable Laws. To The provisions of this Section 41.2 regarding Tenant’s indemnity relating to Hazardous Substances shall survive the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any termination of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofLease.

Release. For and in consideration (a) Effective immediately as of any Loan and each advance or other financial accommodation hereunderthe Closing, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intentComcast, for itself and on behalf of itself its affiliates, hereby irrevocably waives, releases and its agents, attorneys, heirs, successors, discharges Radio One and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and Network each of their respective successors, assigns, heirs, current and former affiliates, subsidiariesand each current or former officer, parent companiesdirector, principalsmanager, directorsemployee, officers, employees, shareholders agent and agents (hereinafter called the “Lender Parties”), and representative of any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Partiesforegoing, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims of, causes or liabilities and obligations to, Comcast or any of actionits affiliates of any kind or nature whatsoever relating, suitsdirectly or indirectly, debtsto (i) Comcast being a member of the Network, disputesincluding any rights under applicable law that arise from Comcast having had the right to appoint one or more designees to the board of managers of the Network, damages(ii) any actions or omissions of Comcast’s designee to the board of managers of the Network, claims, obligations, liabilities, costs, expenses, fees and/or (iii) Comcast’s rights under any Network Agreement (including, without limitationfor purposes of this Section 11(a), reasonable attorneys’ fees) the Network Services Agreement, and demands of any kind whatsoeverthe Advertising Services Agreement), in each case whether absolute or contingent, liquidated or unliquidated, known or unknown, or otherwise at law or in equity; provided that the foregoing waiver, release and discharge shall not apply in respect of (A) any claim, liability or obligation arising under this Agreement, the Note, the Amended Carriage Agreement or the Carriage Agreement Amendment (or any other agreement or instrument entered into at Closing by Comcast pursuant to this Agreement), or (B) any rights that Comcast or its Affiliates (or its designee to the board of managers of the Network) have to indemnification, exculpation, expense reimbursement or similar rights or claims under the Operating Agreement or under applicable law as a Member (or member of the Board of Managers) of the Network. (b) Effective immediately as of the Closing, each of the Parent, Radio One and the Network, for itself and on behalf of its respective affiliates, hereby irrevocably waives, releases and discharges Comcast, its current and former affiliates and each current or former officer, director, manager, employee, agent and representative of any of the foregoing (including any designated representative of Comcast to the board of managers of the Network), from any and all claims of, or liabilities and obligations to, the Parent, Radio One or the Network or any of their respective affiliates of any kind or nature whatsoever (including in respect of rights of contribution or indemnification) relating, directly or indirectly, to (i) Comcast being a Member of the Network, including any rights under applicable law that arise from Comcast having had the right to appoint one or more designees to the board of managers of the Network, (ii) any actions or omissions of Comcast’s designee to the Board of Managers of the Network, and/or (iii) Comcast’s (or any Affiliate of Comcast’s) liabilities or obligations under any Network Agreement (or any other understanding, agreement or document incorporated into or executed in connection with the Operating Agreement), in each case whether matured absolute or unmaturedcontingent, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown unknown, or otherwise at law or in equity; provided that the Releasing Parties foregoing waiver, release and discharge shall not apply in respect of any claim, liability or obligation arising under this Agreement, the Note, the Amended Carriage Agreement or the Carriage Agreement Amendment (or any of them) have other agreement or may haveinstrument entered into by Parent, against Radio One or the Released Parties or any of them (whether directly or indirectly) relating Network at Closing pursuant to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereof).

Release. For Each Obligor hereby acknowledges and agrees that: (a) neither it nor any of its Affiliates has any claim or cause of action against the Administrative Agent, the Collateral Agent or any Lender (or any of their respective Affiliates, officers, directors, employees, attorneys, consultants or agents) under the Credit Agreement, the Guarantee and Security Agreement and the other Loan Documents (and each other document entered into in connection therewith), and (b) the Administrative Agent, the Collateral Agent and each Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to the Obligors and their Affiliates under the Credit Agreement, the Guarantee and Security Agreement and the other Loan Documents (and each other document entered into in connection therewith) that are required to have been performed on or prior to the date hereof. Accordingly, for and in consideration of any Loan the agreements contained in this Amendment and each advance or other financial accommodation hereundergood and valuable consideration, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, Obligor (for and on behalf of itself and its agents, attorneys, heirs, Affiliates and the successors, assigns, heirs and assigns representatives of each of the foregoing) (collectively collectively, the “Releasing PartiesReleasors”) does hereby fully fully, finally, unconditionally and completely release, acquit irrevocably release and forever discharge the Administrative Agent, Issuing the Collateral Agent, each Lender and each Lender, and each of their respective successorsAffiliates, assigns, heirs, affiliates, subsidiaries, parent companies, principalsofficers, directors, officers, employees, shareholders attorneys, consultants and agents (hereinafter called the “Lender Parties”)collectively, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilitiesdamages, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) , suits, demands, liabilities, actions, proceedings and demands causes of any kind whatsoeveraction, at in each case, whether known or unknown, contingent or fixed, direct or indirect, and of whatever nature or description, and whether in law or in equity, whether matured under contract, tort, statute or unmaturedotherwise, liquidated which any Releasor has heretofore had or unliquidatednow or hereafter can, vested shall or contingentmay have against any Released Party by reason of any act, ▇▇▇▇▇▇ omission or inchoatething whatsoever done or omitted to be done on or prior to the date hereof directly arising out of, known connected with or unknown that related to this Amendment, the Releasing Parties Credit Agreement, the Guarantee and Security Agreement or any other Loan Document (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made document entered into in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofconnection therewith).

Release. For and in consideration of any Loan and each advance or other financial accommodation hereunderAlthough both Landlord, each Borrower, voluntarily, knowingly, unconditionallyas a party to this Amendment, and irrevocablythe Tenant, with specific and express intentParent Sub or Parent, for and on behalf or any of itself and its agentstheir affiliates (collectively, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender PartiesAE Entities”), as a party to this Amendment, regard their conduct as proper and do not believe that the other party has any claim, right, cause of action, offset or defense against the other personparty in connection with the execution, firmdelivery, business, corporation, insurerperformance and administration of, or association which may be responsible the transactions contemplated by, the Lease Agreement or liable for the acts or omissions of Project Agreement (collectively, the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released PartiesTransaction Agreements”), both parties as an inducement to enter into this Amendment and as consideration therefor, desire to eliminate any possibility that any past conduct, conditions, acts, omissions, events, circumstances or matters of any kind whatsoever could impair or otherwise affect any rights, interests, contracts or remedies of either party. Therefore, the Landlord and each AE Entity unconditionally, freely, voluntarily and, after consultation with counsel and becoming fully and adequately informed as to the relevant facts, circumstances and consequences, jointly and severally releases, waives and forever discharges Landlord and each AE Entity, their respective officers, directors and employees from and against (a) any and all actionsliabilities, indebtedness and obligations, whether known or unknown, of any kind whatsoever, (b) any legal, equitable or other obligations of any kind whatsoever, whether known or unknown, (c) any and all claims, whether known or unknown, under any oral or implied agreement with (or obligation or undertaking of any kind whatsoever of) which is different from or in addition to the express terms of the Transaction Agreements and (d) all other claims, rights, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands counterclaims or defenses of any kind whatsoever, at in contract or in tort, in law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (unknown, direct or derivative, which such Landlord or any of them) have or may have, against the Released Parties AE Entity or any of them (whether directly predecessor, successor or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders assign might otherwise have against Landlord or any AE Entity or their respective officers, directors or employees on account of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one any conduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 suit, damage, defense, circumstance or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation matter of any jurisdiction that would kind whatsoever which existed, arose or could have occurred at any time prior to the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist Effective Date (as of the date hereofhereinafter defined).

Release. For and in consideration (a) Effective as of any Loan and each advance or other financial accommodation hereunderthe Effective Time, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and the Majority Stockholder on behalf of itself and its agentspast, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective present or future successors, assigns, heirsemployees, affiliatesagents, subsidiariesequityholders, parent companiespartners, principalsAffiliates and representatives (including their past, present or future officers and directors) (collectively, the “Stockholder Releasors”) hereby irrevocably and unconditionally releases, acquits and forever discharges (except with respect to those obligations arising under or in connection with this Agreement or the Ancillary Agreements) each Parent Party, Surviving Company, their respective predecessors, successors, parents, subsidiaries and other Affiliates, and all of their respective current and former officers, directors, officersmembers, managers, shareholders, employees, shareholders agents and agents (hereinafter called the “Lender Parties”)representatives, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions each individual who was a director of the Lender Parties, Company at or who may be liable for prior to the injury or damage resulting therefrom (collectively the “Released Parties”)Effective Time, of and from any and all actions, suits, claims, causes of action, suits, debts, disputes, damages, claimsaccounts, obligations, liabilities, costs, expenses, fees liabilities and obligations (including, without limitation, reasonable including attorneys’ fees) and demands of held by any kind whatsoever, at law or in equityStockholder Releasor, whether known or unknown, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, vested absolute or contingent, ▇▇▇▇▇▇ direct or inchoatederivative, known to the extent arising out of or unknown that relating to the Releasing Parties (or Company, except for any of themthe foregoing (i) have set forth in, pursuant to, or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date arising out of this Agreement, the Ancillary Agreements, or the transactions contemplated hereby or (ii) in the case of fraud or willful misconduct. The Stockholder Releasors irrevocably covenant to refrain from, directly or indirectly, asserting any claim, or commencing, instituting or causing to be commenced, any action of any kind against any released party, based upon any matter released hereby. (b) Effective as of the Effective Time, each Parent Party and the Surviving Company on behalf of itself and its past, present or future successors, assigns, employees, agents, equityholders, partners, Affiliates and representatives (including their past, present or future officers and directors) (the “Parent Releasors”) hereby irrevocably and unconditionally releases, acquits and forever discharges (except with respect to those obligations arising under or in connection with this Agreement or the Ancillary Agreements) the Equityholders, their respective predecessors, successors, parents, subsidiaries and other than Affiliates, and all of their respective current and former officers, directors, members, managers, shareholders, employees, agents and representatives, and each individual who was a director of the Company at or prior to the Effective Time, of and from any claim and all actions, suits, claims, causes of action, damages, accounts, liabilities and obligations (including attorneys’ fees) held by any Parent Releasor, whether known or unknown, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, absolute or contingent, direct or derivative, to the extent arising out of or relating to such Equityholder’s ownership of securities of the Company or such director’s service as to which a final determination is made in a judicial proceeding (in which director of the Administrative Agent and Lenders or Company, except for any of the Released Parties have had an opportunity to be heardforegoing (i) which determination includes a specific finding that one set forth in, pursuant to, or arising out of this Agreement or the Released Parties acted transactions contemplated hereby or (ii) in a grossly negligent manner, illegal manner the case of fraud or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement The Parent Releasors irrevocably covenant to Administrative Agent’s and each Lender’s decision refrain from, directly or indirectly, asserting any claim, or commencing, instituting or causing to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance be commenced, any action of Loan proceeds hereunder. 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 any kind against any actionreleased party, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes based upon any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofmatter released hereby.

Release. For and in consideration (a) Effective as of any Loan and each advance or other financial accommodation hereunderthe Closing, each BorrowerPurchaser, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for on its own behalf and on behalf of itself of, after the Closing, the Group Companies (each, a “Purchaser Releasing Party” and collectively, the “Purchaser Releasing Parties”), hereby irrevocably and unconditionally releases and discharges, to the fullest extent permitted by Law, Seller and its respective past, present and future directors, officers, managers, employees, members, partners, shareholders, direct or indirect equity holders, financing sources, Affiliates, agents, attorneys, heirsadvisors, representatives, successors, and assigns and Affiliates of the foregoing (collectively collectively, the “Releasing Seller Released Parties”) does from any and all debts, losses, costs, bonds, suits, actions, causes of action, Liabilities, Taxes, contributions, attorneys’ fees, interest, damages, punitive damages, expenses, claims, potential claims, counterclaims, cross-claims or demands, in Law or in equity, asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that the Purchaser Releasing Party had, presently has or may hereafter have or claim or assert to have against any of the Seller Released Parties to Seller’s to the extent arising out of or related to Seller’s ownership of the Purchased Interests, in each case at or prior to the Closing (collectively, the “Purchaser Released Claims”). This release is intended to be a complete and general release with respect to the Purchaser Released Claims, and specifically includes claims of the type described in the definition of “Purchaser Released Claims” that are known, unknown, fixed, contingent or conditional, including without limitation, breach of fiduciary duty, or such claims arising under the Securities Act of 1933, as amended, or any other federal, state, blue sky or local Law dealing with any securities. Purchaser hereby fully waives the protection of any provision of any Law that would operate to preserve any Purchaser Released Claims that are unknown as of the Closing Date. Purchaser shall not, and completely releaseshall cause the Purchaser Releasing Parties not to, acquit assert any Purchaser Released Claims against any Seller Released Parties. Notwithstanding the foregoing, no Purchaser Releasing Party releases or waives (i) any claim arising under or relating to this Agreement, any Ancillary Document or the transactions contemplated hereby or thereby (including with respect to Fraud) or (ii) any claim arising from any obligations or Liabilities of any Seller Released Party which first arise after the Closing and forever discharge are not related to the Administrative Agentperiod prior to the Closing. Purchaser, Issuing Lender on its own behalf and each Lenderon behalf of the Purchaser Releasing Parties, acknowledges that it may not know of or suspect to exist certain Purchaser Released Claims, and hereby waives all rights which may exist under California Civil Code Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. (b) Effective as of the Closing, for and in consideration of the amount to be paid to Seller under this Agreement, Seller, on its own behalf and on behalf of its officers, directors, direct and indirect equityholders, Subsidiaries and Affiliates, and each of their respective successorssuccessors and assigns (each, assignsa “Seller Releasing Party” and collectively, heirsthe “Seller Releasing Parties”) hereby irrevocably and unconditionally release and discharges, affiliatesto the fullest extent permitted by Law, subsidiariesPurchaser and each Group Company, parent companiesand their respective past, principals, present and future directors, officers, managers, employees, shareholders members, partners, shareholders, direct or indirect equity holders, financing sources, Affiliates, agents, attorneys, advisors, representatives, successors, and agents assigns and Affiliates of the foregoing (hereinafter called collectively, the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Purchaser Released Parties”)) of, of and from any and all debts, losses, costs, bonds, suits, actions, causes of action, suitsLiabilities, debtsTaxes, disputescontributions, attorneys’ fees, interest, damages, claims, obligations, liabilities, costspunitive damages, expenses, fees (includingclaims, without limitationpotential claims, reasonable attorneys’ fees) and demands of any kind whatsoevercounterclaims, at law cross-claims or demands, in Law or in equity, whether asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, vested of any kind or contingentnature or description whatsoever, ▇▇▇▇▇▇ or inchoate, known or unknown that the Seller Releasing Parties (Party had, presently has or any of them) may hereafter have or may have, against the Released Parties claim or any of them (whether directly or indirectly) relating assert to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Purchaser Released Parties to the extent arising out of or related to Seller’s ownership of the Purchased Interests, as applicable, in each case at or prior to the Closing (collectively, the “Seller Released Claims”). This release is intended to be a complete and general release with respect to the Seller Released Claims, and specifically includes claims of the type described in the definition of “Seller Released Claims” that are known, unknown, fixed, contingent or conditional, including without limitation, breach of fiduciary duty, or such claims arising under the Securities Act of 1933, as amended, or any other Released Parties under federal, state, blue sky or local Law dealing with any law, rule or regulation securities. Seller hereby waives the protection of any jurisdiction provision of any Law that would or could have the effect of limiting the extent operate to which a general release extends to claims which preserve any Seller Released Claims that are unknown as of the Closing Date. Seller shall not, and shall cause the Seller Releasing Parties does not to, assert any Seller Released Claims against any Purchaser Released Parties. Notwithstanding the foregoing, no Seller Releasing Party releases or waives (i) any claim arising under or relating to this Agreement, any Ancillary Document entered into by Seller or the transactions contemplated hereby or thereby (including with respect to Fraud) or (ii) any claim arising from any obligations or Liabilities of any Seller Released Party which first arise after the Closing and are not related to the period prior to the Closing. Seller, on its own behalf and on behalf of the Seller Releasing Parties, acknowledges that it may not know of or suspect to exist certain Seller Released Claims, and hereby waives all rights which may exist under California Civil Code Section 1542, which provides as of the date hereof.follows:

Release. For and in consideration Effective as of any Loan and each advance or other financial accommodation hereunderthe Closing Date, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for of the Shareholders on his own behalf and on behalf of itself and its his past, present or future affiliates, agents, attorneys, heirs, successorsbeneficiaries, representatives, successors and assigns (collectively collectively, the “Releasing Parties”) does ), hereby fully absolutely, unconditionally and completely release, acquit irrevocably RELEASES and forever discharge FOREVER DISCHARGES the Administrative Agent, Issuing Lender Corporation and each Lender, the Buyer and each of their respective successorspast, assignspresent or future parent entities, heirsdivisions, affiliates, subsidiaries, parent companiesshareholders, principalsmembers, partners, limited partners, and their respective present and former directors, managing directors, officers, control persons, shareholders, employees, shareholders agents, attorneys, administrators, representatives, successors and agents assigns (hereinafter called the “Lender Parties”)collectively, and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all claims, actions, causes of action, suits, debts, disputesliabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, claimsjudgments, obligationsexecutions, liabilitiesclaims and demands, costswhether known or unknown, expensessuspected or unsuspected, fees absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Releasing Parties, whether the same be at law, in equity or mixed, which such Releasing Party ever had or now has, or hereafter can, shall or may have against the Released Parties, in respect of or arising from any and all agreements and obligations incurred on or prior to the date hereof, or in respect of or arising from any event occurring or circumstances existing on or prior to the date hereof (collectively the “Released Claims”); provided, however, that the Released Parties shall not be released from any of their obligations or liabilities to the Releasing Parties (and none of such obligations and liabilities shall be Released Claims) arising under (i) this Agreement or any other agreement delivered in connection herewith, (ii) rights to reimbursement for claims incurred prior to the date hereof under the Employee Benefit Plans, (iii) any base salary and normal perquisites accrued since the last payroll date of the Corporation; (iv) claims for defense and/or indemnification by the Corporation pursuant to the By-Laws of the Corporation or any of the Subsidiaries or under the statutes of the states of incorporation of the Corporation or the Subsidiaries for claims against the Shareholders or any of them arising from their positions as directors, officers or managers of the Corporation, the Subsidiaries or the Joint Ventures; or (v) claims of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ or his heirs or estate for payments due under a certain Deferred Compensation Agreement with the Corporation, dated as of April 5, 1989. Each of the Releasing Parties hereby expressly waives any rights such Releasing Party may have under the statutes of any jurisdiction or common law principles of similar effect, to preserve Released Claims which such Releasing Party does not know or suspect to exist in such Releasing Party’s favor at the time of executing this Agreement. Each of the Releasing Parties understands and acknowledges that it may discover facts different from, or in addition to, those which it knows or believes to be true with respect to the claims released herein, and agrees that the terms of this release shall be and remain effective in all respects notwithstanding any subsequent discovery of different and/or additional facts. Should any Releasing Party discover that any fact relied upon in entering into this release was untrue, or that any fact was concealed, or that an understanding of the facts of law was incorrect, no Releasing Party shall be entitled to any relief as a result thereof, and the Releasing Parties surrender any rights they might have to rescind this release on any ground. This release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever. Each of the Releasing Parties hereby irrevocably covenants to refrain from asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Released Party based upon any Released Claim. If any of the Releasing Parties (or an affiliate thereof) brings any claim, suit, action or manner of action against the Released Parties (or any of them) in administrative proceedings, in arbitration or admiralty, at law, in equity, or mixed, with respect to any Released Claim, then such Releasing Party shall indemnify the Released Parties (or any of them) in the amount or value of any final judgment or settlement (monetary or other) and any related cost (including, without limitation, reasonable attorneys’ legal fees) and demands of any kind whatsoeverentered against, at law paid or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that incurred by the Releasing Released Parties (or any of them) have or may have, against ). Each Releasing Party represents and warrants to the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and there has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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 no assignment or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation transfer of any jurisdiction that would interest in his or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofher Released Claims.

Release. For In order to induce the Agent and in consideration the Lenders to enter into this Amendment, the Borrower and the Guarantors acknowledge and agree that: (a) they do not have any claim or cause of action against the Agent or any Loan and each advance of the Lenders (or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each any of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employeesemployees or agents); (b) they do not have any offset right, shareholders counterclaim or defense of any kind against any of their obligations, indebtedness or liabilities to the Agent and agents the Lenders; and (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions c) each of the Lender PartiesAgent and the Lenders have heretofore properly performed and satisfied in a timely manner all of their obligations to the Borrower and the Guarantors. The Borrower and the Guarantors wish to eliminate any possibility that any past conditions, acts, omissions, events, circumstances or who may be liable for matters would impair or otherwise adversely affect any of the injury Agent's or damage resulting therefrom the Lenders' rights, interests, contracts, collateral security or remedies. Therefore, the Borrower and the Guarantors unconditionally release, waive and forever discharge (collectively the “Released Parties”), of and from i) any and all actionsliabilities, obligations, duties, promises or indebtedness of any kind of the Agent or any of the Lenders to the Borrower or any Guarantor, except the obligations to be performed by the Agent and the Lenders as expressly stated in the Credit Agreement, as amended hereby, and the other Credit Documents, and (ii) all claims, offsets, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands suits or defenses of any kind whatsoeverwhatsoever (if any), whether arising at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that unknown, which the Releasing Parties (Borrower or any Guarantor might otherwise have against the Agent or any of them) have or may have, against the Released Parties Lenders or any of them their directors, officers, employees or agents, in either case (whether directly i) or indirectly(ii) relating to events on account of any condition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, defense, circumstance or matter of any kind whatsoever arising or occurring on or before prior to the date of this AgreementAmendment. Except as prohibited by law, other than the Borrower and the Guarantors hereby waive any right they may have to claim as to which a final determination is made or recover in a judicial proceeding (in which any litigation involving the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lenders, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. The Borrower and the Guarantors (A) certify that no representative, agent or attorney of any Lender or the Agent has represented, expressly or otherwise, that such Lender or the Agent would not, in the event of litigation, seek to be heardenforce the foregoing waivers, releases and discharges, and (B) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges acknowledge that the foregoing release is a material inducement to Administrative Agent’s Agent and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders have been induced to enter into this Amendment by, among other things, the waivers, releases, discharges and certifications contained herein. The waivers, releases and discharges in agreeing to make the Loans and in making each advance this paragraph shall be effective regardless of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule event that may occur or regulation of any jurisdiction that would not occur on or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of after the date hereof.

Release. For (a) Effective upon the Closing, except for any rights or obligations expressly set forth in this Agreement (including in Sections 2.10 and 7.4(a)(iii), Article X and Article XI (including with respect to Buyer’s right to indemnification pursuant to Section 11.2 or Fraud pursuant to and in consideration accordance with Article XI)) or in any of any Loan the other Transaction Documents, the Company Group and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and Buyer (on behalf of itself themselves and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”their Affiliates) does hereby fully and completely releaseirrevocably waive, acquit release and discharge forever discharge the Administrative Agent, Issuing Lender and each Lender, Sellers and each of their respective successorsRepresentatives, assignsagents and Affiliates (collectively, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Sellers’ Released Parties”), of and ) from any and all actionsClaims, causes of action, suitsdemands, debts, disputesaccounts, covenants, contracts, arrangements, promises, obligations, damages, claimsjudgments, obligationsor liabilities of any kind, liabilitiesin law or equity, and causes of action of every kind and nature, or other recourse (including Claims for damages, costs, expenses, and attorneys’, brokers’ and accountants’ fees and expenses), whether known or unknown, suspected or unsuspected or now or hereafter existing, which the Company Group or Buyer has or may have against the Sellers’ Released Parties, to the extent arising out of or relating to an action, event, circumstance or fact related to the conduct of the Business by the Company Group prior to the Closing (includingcollectively, without limitation, reasonable attorneysthe “Sellers’ feesReleased Claims”). The Company Group and Buyer shall refrain from directly or indirectly asserting any Sellers’ Released Claim or commencing (or causing to be commenced) and demands any Proceeding of any kind whatsoeverbefore any Court, at law arbitrator or Governmental Authority against the Sellers’ Released Parties based upon the Sellers’ Released Claims. (b) Effective upon the Closing, except for any rights or obligations expressly set forth in this Agreement or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heardTransaction Documents, the Sellers (on behalf of themselves and their Affiliates) which determination includes a specific finding that one of hereby fully and irrevocably waive, release and discharge forever the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s Company Group and Buyer and each Lender’s decision to extend to Borrower the financial accommodations hereunder of their Representatives, agents and has been relied upon by the Lenders Affiliates (collectively, “Buyer Released Parties”) from any Claims, demands, debts, accounts, covenants, contracts, arrangements, promises, obligations, damages, judgments, or liabilities of any kind, in agreeing to make the Loans law or equity, and in making each advance causes of Loan proceeds hereunder. Borrower understandsaction of every kind and nature, 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 institutedrecourse (including Claims for damages, prosecuted costs, expenses, and attorneys’, brokers’ and accountants’ fees and expenses), whether known or attempted in breach of the provisions of such release. To the furthest extent permitted by lawunknown, Borrower hereby knowinglysuspected or unsuspected or now or hereafter existing, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know Sellers has or suspect may have against the Buyer Released Parties, to exist as the extent arising out of or relating to an action, event, circumstance or fact related to the conduct of the date hereofBusiness by the Company Group prior to the Closing (collectively, the “Buyer Released Claims”). The Sellers shall refrain from directly or indirectly asserting any Buyer Released Claim or commencing (or causing to be commenced) any Proceeding of any kind before any Court, arbitrator or Governmental Authority against the Buyer Released Parties based upon the Buyer Released Claims. Nothing in this Section 7.2(b) shall limit any rights to indemnification or reimbursement referred to in Section 7.1 or pursuant to any contract set forth on Section 7.2(b) of the Company Disclosure Schedule.

Release. a. For good and in consideration of any Loan valuable consideration, including the Severance Payment, Employee knowingly and each advance or other financial accommodation hereundervoluntarily (for Employee and Employee’s heirs, each Borrowerexecutors, voluntarilyadministrators, knowinglybeneficiaries, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirstrustees, successors, and assigns (collectively the “Releasing Parties”assigns) does hereby fully and completely release, acquit releases and forever discharge discharges the Administrative Agent, Issuing Lender Company and each Lenderof its respective parents, subsidiaries and affiliates, and each of their respective successorspresent, assignsformer and future direct or indirect owners, heirs, affiliates, subsidiaries, parent companies, principalsmanagers, directors, officers, employees, attorneys, agents, members, insurers, shareholders and agents (hereinafter called the “Lender Parties”)representatives, and any other personeach of their predecessors, firmsuccessors and assigns (collectively, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and ) from any and all claims, suits, controversies, actions, causes of action, suitscross-claims, counter-claims, demands, debts, disputes, compensatory damages, claimsliquidated damages, obligationspunitive or exemplary damages, liabilitiesother damages, costs, expenses, fees (including, without limitation, reasonable claims for costs and attorneys’ fees) and demands , or liabilities of any kind whatsoever, at nature whatsoever in law or and in equity, both past and present and whether matured known or unmaturedunknown, liquidated suspected, unsuspected or unliquidatedclaimed (collectively, vested “Claims”) against the Released Parties that Employee or contingentany of Employee’s heirs, executors, administrators or assigns, may have (i) from the beginning of time through the date upon which Employee executes this Agreement; (ii) arising out of, or relating to, Employee’s employment with any Released Parties through the date upon which Employee executes this Agreement; (iii) arising out of, or relating to, any agreement with any Released Parties, including, but not limited to, any other awards, policies, plans, programs or practices of the Released Parties that may apply to Employee or in which Employee may participate, including, but not limited to, any rights under bonus plans or programs of Released Parties and/or any other short-term or long-term equity based or cash-based incentive plans or programs of the Released Parties; (iv) arising out of, or relating to, Employee’s termination of employment from any of the released Parties; and/or (v) arising out of, or relating to, Employee’s status as an employee, member, officer, or director of any of the Released Parties, including, but not limited to, any allegation, claim or violation, arising under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 991; the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act of 1988, as amended; the Employee Retirement Income Security Act of 1974 (with respect to unvested benefits); any applicable Employee Order Programs; the Fair Labor Standards Act; the Equal Pay Act, as amended; Section 1981 of U.S.C. Title 42; the Age Discrimination in Employment Act, as amended (including the Older Workers Benefit Protection Act); the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, as amended; the New York State Human Rights Law; the New York Labor Law; the New York State Worker Adjustment and Retraining Notification Act; the New York State Correction Law; and the New York State Civil Rights Law or inchoatetheir federal, known state or unknown that local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, any doctrine of good faith and fair dealing, or under common law; or arising under any policies, practices or procedures of the Releasing Parties (Released Parties; or any Claim for wrongful discharge, breach of them) contract, infliction of emotional distress, defamation; or any Claim for costs, fees, or other expenses, including attorneys’ fees incurred in these matters. This is a general release that is intended to apply to all Claims Employee may have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before through the date of Employee executes this Agreement, other than except those Claims that cannot be waived pursuant to applicable laws. b. Employee understands that Employee may later discover Claims or facts that may be different than, or in addition to, those which Employee now knows or believes to exist with regards to the subject matter of this Agreement and the releases in this Section, and which, if known at the time of executing this Agreement, may have materially affected this Agreement or Employee’s decision to enter into it. Employee hereby waives any claim right or Claim that might arise as a result of such different or additional Claims or facts. c. Employee acknowledges, understands and agrees that Employee has reported to which a final determination is made in a judicial proceeding (in which the Administrative Agent Employer’s management personnel any work related injury that occurred up to and Lenders including Employee’s last day of employment. Employee acknowledges, understands, and agrees that Employee has no knowledge of any actions or inactions by any of the Released Parties have had or by Employee that Employee believes could possibly constitute a basis for a claimed violation of any federal, state, or local law, any common law or any rule promulgated by an opportunity administrative body. d. Nothing in this Section shall release or impair: (i) Employee’s right to be heard) which determination includes a specific finding that one make Claims arising out of any acts or omissions of the Released Parties acted in after the date Employee executes this Agreement; (ii) any right that cannot be waived by private agreement under law (including the right to file any Claim for workers’ compensation or unemployment insurance); or (iii) any Claim to vested benefits under the Company’s benefit plans. e. Employee acknowledges, understands and agrees that Employee has no knowledge of any actions or inactions by any of the Released Parties or by Employee that Employee believes could possibly constitute a grossly negligent mannerbasis for a claimed violation of any federal, illegal manner state, or with actual willful misconduct. Each Borrower acknowledges local law, any common law or any rule promulgated by an administrative body. f. Employee represents that the foregoing release Employee has made no assignment or transfer of any right or Claim covered by this Section and that Employee further agrees that Employee is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon not aware of any such right or Claim covered by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, this Section. g. Employee acknowledges and agrees that the release releases set forth above may be pleaded as a full in this Section are an essential and complete defense material term of this Agreement 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 that without such waiver the Company would not have agreed to the terms of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofAgreement.

Release. For The Parties agree to each release the other of all obligations, liabilities and in consideration costs arising under the Existing NEA B PPA as of any Loan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionallythe Effective Date, and irrevocablyto further release each other regarding potential claims against one another and related to differing interpretations of the Existing NEA B PPA (the “PPA and Related Potential Claims”). Such claims include, with specific without limitation, the obligations to deliver, sell, receive and express intentpurchase energy and capacity under the Existing NEA B PPA, and disputes related to: (a) the payment for Capacity and Associated Energy (as such terms are defined in the Existing NEA B PPA) delivered by NEA and received by BECO in excess of the Company’s Entitlement (as such term is defined in the Existing NEA B PPA); (b) the application of Article 16(a), as set forth in the Existing NEA B PPA; (c) the allocation of certain congestion charges/credits imposed by the ISO; and (d) the calculation of the Qualifying Facility Power Purchase Rate (as such term is defined in the Existing NEA B PPA). The Parties agree that it is in their mutual best interests to waive such PPA and Related Potential Claims and to release each other from liability thereunder. Therefore, as of the Effective Date, the Parties, intending to be legally bound on behalf of itself themselves and its agentstheir past, attorneyspresent and future parents, heirssubsidiaries, affiliates, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successorspredecessors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, agents, attorneys, insurers, employees, shareholders stockholders, members, partners and agents (hereinafter called the “Lender Parties”)representatives ABSOLUTELY, IRREVOCABLY, AND UNCONDITIONALLY, FULLY AND FOREVER ACQUIT, RELEASE, AND DISCHARGE AND COVENANT NOT TO ▇▇▇ each other and any other personand all of their past, firmpresent and future parents, businesssubsidiaries, corporationaffiliates, insurersuccessors, or association which may be responsible or liable for the acts or omissions of the Lender Partiespredecessors, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)assigns, of directors, officers, agents, attorneys, insurers, employees, stockholders, members, partners and representatives, from any and all actionsclaims, causes of action, suitsdemands, debtsobligations, disputescharges, complaints, controversies, damages, claims, obligations, liabilities, costs, expenses, fees (includingjudgments, without limitationguarantees, reasonable attorneys’ fees) agreements, or defaults of every and demands any nature, relating to or arising out of any kind whatsoeverthe PPA and Related Potential Claims, at whether in law or equity and whether arising in equitycontract (including breach), whether matured tort or unmaturedotherwise, liquidated and irrespective of fault, negligence or unliquidatedstrict liability, vested or contingentwhich a Party may have had, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may now have, against prior to the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofEffective Date.

Release. For By its execution hereof and in consideration of any the terms herein and other accommodations granted to the Loan and each advance or other financial accommodation Parties hereunder, each BorrowerLoan Party, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and each of its Subsidiaries, and its or their successors, assigns and agents, attorneyshereby expressly forever waives, heirsreleases and discharges any and all claims (including cross-claims, successorscounterclaims, and assigns rights of setoff and recoupment), causes of action (collectively whether direct or derivative in nature), demands, suits, costs, expenses and damages (collectively, the “Releasing PartiesClaims”) does hereby fully any of them may, as a result of actions or inactions occurring on or prior to the Amendment No. 6 Effective Date, have or allege to have as of the date of this Amendment or at any time thereafter (and completely releaseall defenses that may arise out of any of the foregoing) of any nature, acquit and forever discharge description, or kind whatsoever, based in whole or in part on facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in Law, at equity or otherwise, against the Administrative Agent, Issuing Lender and each Agent or any Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companiesagents, principals, managers, managing members, members, stockholders, “controlling persons” (within the meaning of the United States federal securities laws), directors, officers, employees, shareholders attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions administrators of each of the Lender Partiesforegoing (collectively, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)) arising out of, of and from any and all actionsor relating to, causes of actionthis Amendment, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Credit Agreement, the other than Loan Documents and any claim as to which a final determination is made in a judicial proceeding (in which or all of the Administrative Agent actions and Lenders transactions contemplated hereby or thereby, including any actual or alleged performance or non-performance of any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one hereunder or under the Loan Documents (the “Released Matters”). In entering into this Amendment, each Loan Party expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower and hereby agrees and acknowledges that the foregoing release is a material inducement to Administrative Agent’s validity and each Lender’s decision to extend to Borrower effectiveness of the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release releases set forth above may be pleaded as a does not depend in any way on any such representation, acts and/or omissions or the accuracy, completeness, or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment and the Loan Documents and the payment in 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 cash of all Obligations of the provisions Loan Parties under or in respect of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally Credit Agreement (as amended in Annex A) and expressly waives and relinquishes any other Loan Documents and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofamounts owing thereunder.

Release. For As a material part of the consideration for the Administrative Agent, the Lenders, the Swingline Lender and in consideration of any Loan the Issuing Lender entering into this Amendment, the Borrower and each advance or other financial accommodation hereunderSubsidiary Guarantor (collectively, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing PartiesReleasors”) does agree as follows (the “Release Provision”): (a) The Releasors, jointly and severally, hereby fully and completely release, acquit release and forever discharge the Administrative Agent, the Swingline Lender, the Issuing Lender, each Lender and the Administrative Agent’s, the Swingline Lender’s, Issuing Lender’s and each Lender’s predecessors, and each of their respective successors, assigns, heirsofficers, affiliatesmanagers, directors, shareholders, employees, agents, attorneys and other professionals, representatives, parent corporations, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents affiliates (hereinafter called all of the above collectively referred to as the “Lender PartiesGroup”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actionsclaims, causes of actioncounterclaims, demands, damages, debts, agreements, covenants, suits, debts, disputes, damages, claimscontracts, obligations, liabilities, costsaccounts, expensesoffsets, fees (includingrights, without limitationactions, reasonable attorneys’ fees) and demands causes of action of any kind whatsoever, nature whatsoever and whether arising at law or in equity, presently possessed, whether matured known or unmaturedunknown, whether liability be direct or indirect, liquidated or unliquidated, vested presently accrued, whether absolute or contingent, ▇▇▇foreseen or unforeseen, and whether or not heretofore asserted arising out of, arising under or related to the Loan Documents (collectively, the “Claims”), that Releasors may have or (b) The Releasors agree not to ▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity Lender Group nor in any way assist any other person or entity in suing the Lender Group with respect to be heard) which determination includes a specific finding that one any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconductClaims released herein. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release set forth above The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the release contained herein. (c) The Releasors acknowledge, warrant, and represent to Lender Group that: (i) The Releasors have read and understand the effect of the Release Provision. The Releasors have had the assistance of independent counsel of their own choice, or have had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for Releasors has read and considered the Release Provision and advised Releasors with respect to the same. Before execution of this Amendment, the Releasors have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of the Release Provision. (ii) The Releasors are not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. The Releasors acknowledge that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) The Releasors have executed this Amendment and the Release Provision thereof as a free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person or entity. (iv) The Releasors are the sole owners of the Claims released by the Release Provision, and the Releasors have not heretofore conveyed or assigned any interest in any such Claims to any other person or entity. (d) The Releasors understand that the Release Provision was a material consideration in the agreement of the Administrative Agent, Swingline Lender, Issuing Lender and each Lender to enter into this Amendment. (e) It is the express intent of the Releasors that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by the Releasors of any Claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions of such release. To shall remain in full force and effect. (g) The Releasors acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe with respect to the furthest extent permitted by lawClaims released herein, Borrower hereby knowinglybut the Releasors expressly shall have and intend to fully, voluntarily, intentionally finally and expressly waives forever have released and relinquishes discharged any and all rights and benefits that it respectively may have as against such Claims. The Releasors expressly waive any provision of the Lender Parties statutory or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have decisional law to the effect of limiting the extent to which that a general release extends does not extend to claims which any of Claims that the Releasing Parties releasing party does not know or suspect to exist as in such party’s favor at the time of executing the date hereofrelease.

Release. For By its execution hereof and in consideration of any the terms herein and other accommodations granted to the Loan and each advance or other financial accommodation Parties hereunder, each BorrowerLoan Party, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and each of its Subsidiaries, and its or their successors, assigns and agents, attorneyshereby expressly forever waives, heirsreleases and discharges any and all claims (including cross-claims, successorscounterclaims, and assigns rights of setoff and recoupment), causes of action (collectively whether direct or derivative in nature), demands, suits, costs, expenses and damages (collectively, the “Releasing PartiesClaims”) does hereby fully any of them may, as a result of actions or inactions occurring on or prior to the Amendment No. 3 Effective Date, have or allege to have as of the date of this Amendment or at any time thereafter (and completely releaseall defenses that may arise out of any of the foregoing) of any nature, acquit and forever discharge description, or kind whatsoever, based in whole or in part on facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in Law, at equity or otherwise, against the Administrative Agent, Issuing Lender and each Agent or any Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companiesagents, principals, managers, managing members, members, stockholders, “controlling persons” (within the meaning of the United States federal securities laws), directors, officers, employees, shareholders attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions administrators of each of the Lender Partiesforegoing (collectively, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”)) arising out of, of and from any and all actionsor relating to, causes of actionthis Amendment, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly) relating to events occurring on or before the date of this Credit Agreement, the other than Loan Documents and any claim as to which a final determination is made in a judicial proceeding (in which or all of the Administrative Agent actions and Lenders transactions contemplated hereby or thereby, including any actual or alleged performance or non-performance of any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one hereunder or under the Loan Documents (the “Released Matters”). In entering into this Amendment, each Loan Party expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower and hereby agrees and acknowledges that the foregoing release is a material inducement to Administrative Agent’s validity and each Lender’s decision to extend to Borrower effectiveness of the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, acknowledges and agrees that the release releases set forth above may be pleaded as a does not depend in any way on any such representation, acts and/or omissions or the accuracy, completeness, or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment and the Loan Documents and the payment in 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 cash of all Obligations of the provisions Loan Parties under or in respect of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally Credit Agreement (as amended in Annex A) and expressly waives and relinquishes any other Loan Documents and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofamounts owing thereunder.

Release. For (a) Each Indemnitor, jointly and in consideration of any Loan and each advance or other financial accommodation hereunderseverally, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for on its behalf and on behalf of itself the Indemnitor Parties hereby unconditionally and its agentsirrevocably forever RELEASES, attorneysDISCHARGES AND ACQUITS the Indemnified Parties from and against all Claims and Losses of whatsoever kind or nature, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and under any other person, firm, business, corporation, insurer, Law or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees (including, without limitation, reasonable attorneys’ fees) and demands of any kind whatsoever, at law or in equityotherwise, whether matured accrued or unmaturedunaccrued, whether known or unknown, whether now existing or that might arise hereafter, present or future, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, contingent or fixed, liquidated or unliquidated, vested including without limitation any Claims for contribution and/or indemnity, and for all Losses of any kind or contingentnature, ▇▇▇▇▇▇ Claims for prejudgment interest, lost profits, consequential damages, exemplary damages, and other expenses or inchoatedamages, known incurred or unknown that to be incurred for, upon, or by reason of any matter, cause or thing arising prior to, on or following the Releasing Parties Effective Date arising out of, in connection with, or in any way related to Mining Operations at the Mines (collectively, the "Release Obligations"), regardless of when or how any of themthe Claims and Losses related to the Release Obligation arose and notwithstanding their foreseeability or predictability. (b) have Each Indemnitor, jointly and severally, on its behalf and on behalf o f the Indemnitor Parties, hereby unconditionally and irrevocably agrees to indemnify and hold harmless the Indemnified Parties from and against any and all Claims and Losses of whatsoever kind or may havenature (including prejudgment interest, against the Released Parties or any of them (whether lost profits, consequential damages, exemplary damages) directly or indirectlyindirectly arising from Claims of any Person (including any Governmental Authority) relating to events occurring on any Release Obligations. (c) Any Indemnified Party that is named in a Claim that is related to the Release Obligations or before the date of this Agreement, other than any claim as pursuant to which a final determination indemnification is made in a judicial proceeding (in which available under Section 4.1(b) shall have control over the Administrative Agent management, prosecution and Lenders or any settlement of such Claim, all at the ex pense of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. 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. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a general release extends to claims which any of the Releasing Parties does not know or suspect to exist as of the date hereofIndemnitors.

Release. For and in In consideration of any Loan the payments of the Purchase Price by Eclipsys to the Stockholders and each advance or other financial accommodation hereunderas a condition to the execution and delivery of this Agreement by Eclipsys, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and Stockholder hereby gives the following general release effective as of the Closing Date: (a) Each Stockholder on behalf of itself himself and its his agents, attorneys, heirs, successorssuccessors and assigns, hereby irrevocably and assigns (collectively the “Releasing Parties”) does hereby fully and completely releaseunconditionally releases, acquit acquits and forever discharge the Administrative Agentdischarges EPSI, Issuing Lender and each LenderEclipsys, and each of their respective successorsAffiliates and their respective partners, assigns, heirs, affiliates, subsidiaries, parent companies, principalsstockholders, directors, officers, employees, shareholders officers and agents (hereinafter called the “Lender Parties”)agents, and any other persontheir respective successors and assigns (collectively, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and to the fullest extent permitted by applicable Legal Requirements, from any and all charges, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, debtsrights, disputesdemands, damages, claims, obligations, liabilitiesremedies, costs, expenseslosses, fees (includingdebts, without limitationexpenses and fees, reasonable attorneys’ fees) and demands of any kind whatsoeverevery type, at law kind, nature, description or in equitycharacter, whether matured known or unmaturedunknown, suspected or unsuspected, liquidated or unliquidated, vested including but not limited to those arising out of or contingentin connection with (i) the Stockholder’s employment, ▇▇▇▇▇▇ or inchoateother relationship with EPSI, known (ii) the Stockholder’s right to or unknown that interest in any Intellectual Property or other assets or properties of EPSI, or (iii) the Releasing Parties (Stockholder’s right to or any of theminterest in any Contract with EPSI, and (iv) any equity or other interests the Stockholder may have or may haveclaim to have in, against the Released Parties or any of them other claims the Stockholder may have against, EPSI or its predecessors (whether directly or indirectly) relating to events occurring on or before collectively, the date of this Agreement“Claims”), other than any claim as one month’s salary and other expenses related to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders or any employment of the Released Parties have had an opportunity to be heard) which determination includes a specific finding Stockholders by EPSI that one are accrued on the balance sheet of EPSI as of the Released Parties acted Closing Date, and included in a grossly negligent manner, illegal manner or with actual willful misconductthe Current Liabilities and the Closing Date Net Working Capital calculation. Each Borrower acknowledges Stockholder represents that he has not assigned or transferred or purported to have assigned or transferred to any Person any Claims. This general release set forth in this Section 6.12 shall not affect any rights that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower Stockholder may have which arise solely under this Agreement (including payment of the financial accommodations hereunder and has been relied upon by Purchase Price), or his Employment Agreement or Restricted Stock Agreement, or that arise after the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, Closing Date. (b) Each Stockholder acknowledges and agrees that the release set forth above may be pleaded as a full releases made herein constitute final 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 releases of the provisions of such release. To the furthest extent permitted by law, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction with respect to all Claims. Each Stockholder expressly acknowledges and agrees that would or could have the effect of limiting the extent to which a this general release extends is intended to claims include in its effect, without limitation, all Claims which any of the Releasing Parties such Stockholder does not know or suspect to exist as at the time hereof, and this general release contemplates the extinguishment of any and all such Claims. Furthermore, each Stockholder hereby expressly waives and relinquishes any rights and benefits he may have under any Legal Requirements, including Missouri state law or any common law principles limiting waivers of unknown claims. Each Stockholder understands that the facts under which he gives this full and complete release and discharge of the date hereofReleased Parties may hereafter prove to be different than now known or believed by him and such Stockholder hereby accepts and assumes the risk thereof and agrees that his full and complete release and discharge of the Released Parties with respect to the Claims shall remain effective in all respects and not be subject to termination, rescission or modification by reason of any such difference in facts and circumstances. (c) Each Stockholder represents and agrees that he has not filed with any Governmental Entity or arbitrator or any other Person any complaint, charge or lawsuit against any of the Released Parties involving any Claims, and that he will not do so at any time hereafter. (d) Each Stockholder represents and acknowledges that in executing this general release he does not rely and has not relied upon any representation or statement not set forth herein made by any of the Released Parties or by any of the Released Parties’ Affiliates, agents, representatives or attorneys with regard to the subject matter, basis or effect of this general release or otherwise. (e) Without limiting the foregoing general release, each Stockholder agrees that he will not, directly or indirectly, (i) bring or cause to be brought, or encourage or participate in the prosecution of, any action, proceeding or suit seeking recovery by or on behalf of any Person from any Released Party of any amount in respect of, or Damages with respect to, any of the Claims, or (ii) defend any action, proceeding or suit in whole or in part on the grounds that any or all of the terms or provisions of this Section 6.12 are illegal, violate any Legal Requirements, invalid, inequitable, not binding, unenforceable or against public policy.

Release. For Effective from and in consideration of any Loan and each advance or other financial accommodation hereunderafter the Closing, each BorrowerParty, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for on their own behalf and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge the Administrative Agent, Issuing Lender and each Lendertheir respective Affiliates, and each of their respective the foregoing’s successors, assigns, heirsheirs and beneficiaries, affiliatesirrevocably and unconditionally waives, subsidiariesreleases and promises never to assert any claims, parent companiescauses of action or similar rights of any type (however described and however arising) that any Party or any of their respective successors or assigns may currently have, principalswhether or not now known, directorsagainst the other Party, their respective Affiliates or their respective current or former managers, equity holders, officers, employees, shareholders and agents or employees (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”) which are on account of any matter whatsoever attributable to the period, or arising during the period, from the beginning of time through and including the Closing Date, with the exception of the Specified Obligations (the “Released Claims”). Each Party acknowledges and agrees that (a) the release contained in this Section 10.16 (this “Claim Release”) shall be effective as a bar to all Released Claims, of (b) this Claim Release shall be given full force and from any effect according to each and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses, fees its express terms and provisions and (including, without limitation, reasonable attorneys’ feesc) and demands of if any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown that the Releasing Parties (Party or any of them) have or may havetheir respective Affiliates assert any Released Claim against any other Released Parties, against then this Claim Release shall serve as a complete defense to such Released Claim and the Party attempting to assert such Released Claim shall, jointly and severally, hold harmless, indemnify, pay and reimburse Released Parties to the extent of any Losses arising or resulting from the assertion of an Released Claim. As used herein, “Specified Obligations” means the rights of any of them Party: (whether directly i) set forth in or indirectly) relating to events occurring on or before the date arising under any provisions of this Agreement, other than any claim as to which a final determination is made in a judicial proceeding (in which the Administrative Agent and Lenders Agreement or any of the Released Parties have had an opportunity Ancillary Agreements or with respect to be heardthe subject matter hereof, including any claim indemnifiable hereunder, (ii) which determination includes with respect to indemnification or expense reimbursement from Seller pursuant to such Seller’s governing documents or mandated under applicable Law (other than such rights with respect to matters indemnifiable by Seller), or (iii) under a specific finding that one Benefit Plan of Seller. As to the Released Parties acted in a grossly negligent mannerParties, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making each advance of Loan proceeds hereunder. Borrower understands, Party acknowledges and agrees that it and he is aware of, has had the release set forth above may be pleaded as a full opportunity to seek legal counsel 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 is familiar with the provisions of such release. To the furthest extent permitted by lawCalifornia Civil Code Section 1542, Borrower hereby knowingly, voluntarily, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have which provides as against any of the Lender Parties or any other Released Parties under any law, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a follows: “A general release extends does not extend to claims which any of that the Releasing Parties creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” With full awareness and understanding of this provision, each Party hereby waives all rights that this provision or any comparable provision under any state, federal or non-U.S. law may give to any other Party as well as under any other statute or common law principles of the date hereofsimilar effect. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY, FOR EACH SUCH PARTY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WAIVES THE BENEFIT OF ANY PROVISION OF APPLICABLE LAW TO THE EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS OR MATTERS WHICH THE RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN THE RELEASING PARTY’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THE RELEASING PARTY MAY HAVE AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY.

Release. For (a) Each Major Stockholder acknowledges that Tekelec has required that, as a condition to Tekelec entering into the Merger Agreement and in consideration of any Loan and each advance or other financial accommodation hereunderthe transactions contemplated thereby, each BorrowerMajor Stockholder must enter into this Agreement. Notwithstanding the foregoing, voluntarilyhowever, knowinglythis Agreement shall not be effective until the Effective Time. (b) Upon the Effective Time, unconditionallyeach Major Stockholder hereby unconditionally and irrevocably agrees to, and irrevocablydoes, with specific and express intentremise, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit release and forever discharge the Administrative AgentCompany, Issuing Lender and each Lender, and each of their respective successors, assigns, heirs, affiliates, subsidiaries, its parent companies, principalsaffiliates and subsidiaries, Tekelec, its affiliates and subsidiaries, the stockholders and owners of each of the foregoing, and the directors, officers, employees, shareholders agents, representatives, heirs, administrators, predecessors, attorneys, successors and agents assigns of each of the foregoing, in each case now or hereafter existing (hereinafter called the “Lender Parties”"Releasees"), and any other person, firm, business, corporation, insurer, or association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all liabilities, claims, demands, actions, causes of action, debt, account, bond, judgments, suits, debtsinterest, disputes, damages, claims, obligations, liabilities, costspenalties, expenses, and/or litigation costs, including reasonable attorneys' fees, expert fees, and appellate fees and costs, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, which arise or have arisen, or the basis for which occurs or has occurred, at or prior to the Effective Time (collectively, "Claims"). (c) Each Major Stockholder affirms that the matters covered by Section 4(b) include, without limitation, (i) any Claims under the securities or other laws of the United States, any state or territory thereof, or any foreign jurisdiction, relating to the sale of any of the Company's securities to, or ownership of any of the Company's securities by, such Major Stockholder, (ii) any Claims challenging or disputing the validity, enforceability, binding effect or legality of the Documents, and (iii) any Claims for breach of fiduciary duty arising from any actions or inactions at or prior to the Effective Time, including, without limitation, reasonable attorneys’ feesrelated to the Merger and the related transactions contemplated by the Documents. (d) Upon the Effective Time, each Major Stockholder does not remise, release or discharge the Releasees from (i) their covenants, agreements and demands obligations under the Documents, whether such covenants, agreements and obligations are required to be performed or otherwise arise prior to, at or after the Effective Time, or (ii) any action or inaction after the Effective Time. (e) Each Major Stockholder agrees that nothing in this Release is an admission by either such Major Stockholder or any Releasee of any kind whatsoeverwrongdoing, at either in violation of an applicable law or otherwise, and that nothing in equitythis Agreement is to be construed as such by any Person. Each Major Stockholder further acknowledges that he, whether matured she or unmaturedit understands this Release, liquidated the claims he, she or unliquidatedit is releasing, vested the promises and agreements he, she or contingentit is making, ▇▇▇and the effect of his signing this Release. This Release shall be construed and governed by the laws of the State of Delaware applicable to contracts executed and performed entirely within such state. (f) Each Major Stockholder hereby waives the benefit of any statute or rule of law which, if applied to this Release, would exclude from its binding effect any Claim against the Releasees not now known by such Major Stockholder to exist. This Agreement is intended to be a general release and a covenant not to sue that extinguishes all Claims released above and precludes any atte▇▇▇ or inchoate, known or unknown that the Releasing Parties (or by any of them) have or may have, Major Stockholder to initiate any litigation against the Released Parties or Releasees with respect to the Claims released above. If any of them (whether directly or indirectly) relating to events occurring on or before the date Major Stockholder commences any Claim in violation of this Agreement, other than any claim the Releasees shall be entitled to assert this Agreement as to which a final determination complete bar. This Agreement is made binding on the Major Stockholders and their respective heirs, legal representatives, successors, and assigns, in a judicial proceeding (in which the Administrative Agent and Lenders or any of the Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent mannertheir own right, illegal manner or with actual willful misconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Administrative Agent’s and each Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by the Lenders in agreeing to make the Loans and in making the rights of others. (g) Solely with respect to the Claims released hereunder, each advance of Loan proceeds hereunder. Borrower understands, acknowledges Major Stockholder expressly waives and agrees that relinquishes to 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. To the furthest fullest extent permitted by law, Borrower hereby knowinglythe provisions, voluntarilyrights, intentionally and expressly waives and relinquishes any and all rights and benefits that it respectively may have as against any of Section 1542 of the Lender Parties or any other Released Parties under any lawCalifornia Civil Code, rule or regulation of any jurisdiction that would or could have the effect of limiting the extent to which a provides: A general release extends does not extend to claims which any of the Releasing Parties creditor does not know or suspect to exist as in his favor at the time of executing the date hereofrelease, which if known by him must have materially affected his settlement with the debtor. (h) Each Major Stockholder hereby acknowledges that he, she or it has been advised to consult with an attorney before executing this Agreement and otherwise in connection with the Merger and all actions contemplated by the Documents and the Merger and the related transactions contemplated by the Documents and that such Major Stockholder has done so or, after careful reading and consideration has chosen not to do so of such Major Stockholder's own volition. Each Major Stockholder hereby acknowledges that he, she or it has signed this Release knowingly and voluntarily and with the advice of any counsel retained to advise such Major Stockholder with respect to it.