4.1 General Release and Waiver of Claims.
In exchange for the consideration provided by Company to Executive pursuant to the Separation Agreement, the Executive and his heirs,
executors, representatives, agents, insurers, administrators, successors and assigns (collectively, the Releasors) irrevocably and unconditionally fully and forever waive, release and discharge the Company, including the Companys
parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, employees, and shareholders, in their corporate and individual capacities (collectively, the Releasees) from any
and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities and expenses (inclusive of attorneys fees) of any kind whatsoever (collectively, Claims), whether
known or unknown, from the beginning of time to the date of the Executives execution of this Agreement, including, without limitation, any claims under any federal, state, local or foreign law, that Releasors now may have or have ever had
arising out of, or in any way related to the Executives hire, benefits, employment, termination or separation from employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter,
including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, with respect to existing but not
prospective claims, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title
42, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the
Genetic Information Nondiscrimination Act of 2008, and all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and released; (ii) any
and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (iii) any and all claims arising under tort, contract and/or
quasi-contract law, including but not limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel,
detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional
distress; and (iv) any and all claims for monetary or equitable relief, including but not limited to attorneys fees, back pay, front pay, reinstatement, experts fees, medical fees or expenses, costs and disbursements.
However, this general release and waiver of claims excludes, and the Executive does not waive, release or discharge, (i) any right to
file an administrative charge or complaint with the Equal Employment Opportunity Commission, although the Executive waives any right to monetary relief related to such a charge or administrative complaint; and (ii) claims which cannot be waived
by law, such as claims for unemployment benefit rights and workers compensation.
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