| 1. | Release - In exchange for the severance benefits described in Section 3 of the letter agreement to which this Annex A is attached, which benefits you acknowledge you would not otherwise be entitled to receive, on behalf of yourself and your heirs, executors, administrators, successors and assigns, you hereby fully, forever, irrevocably and unconditionally release, remise and discharge the Company and its affiliates, subsidiaries, parent companies, predecessors and successors, and all of their respective past and present officers, directors, direct and indirect investors, stockholders, partners, members, employees, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the "Released Parties") from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities and expenses (including attorneys' fees and costs), of every kind and nature that you ever had or now have against any or all of the Released Parties, including any and all claims arising out of or relating to your employment with and/or separation from the Company, including all claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., Executive Order 11246, Executive Order 11141, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., all as amended; all claims arising out of the Virginia Human Rights Act, Va. Code Ann. § 2.2-3900 et seq., the Virginians with Disabilities Act, Va. Code Ann. § 51.5-1 et seq., Va. Code Ann. § 40.1-28.6 (Virginia equal pay law), Va. Code Ann. §§ 40.1-51.2:1 et seq. and 40.1-51.4:5 (Virginia whistleblower protection laws), the Georgia Equal Employment for Persons with Disabilities Code, Ga. Code Ann. § 34-1-2 et seq. (Georgia age discrimination law), Ga. Code Ann. § 34-6A-1 et seq., Ga. Code Ann. § 34-5-1 et seq. (Georgia equal pay law), the Georgia Common Day of Rest Act of 1974, Ga. Code Ann. § 10-1-573 (Georgia religious accommodation law), the Arizona Civil Rights Act, Ariz. Rev. Stat. § 41-1401 et seq., Ariz. Rev. Stat. § 23-340 et seq. (Arizona equal pay law), Ariz. Rev. Stat. § 23-1501 (Arizona whistleblower protection law), Ariz. Rev. Stat. § 12-2801 et seq. (Arizona genetic testing law), all as amended; all common law claims, whether arising in tort, contract, or otherwise, including actions in or for defamation, intentional infliction of emotional distress, misrepresentation, fraud, wrongful discharge, promissory estoppel and breach of contract (including with respect to the Employment Agreement), and all claims to any equity compensation from or equity ownership in the Company, contractual or otherwise (other than with respect to your outstanding option agreements, with the benefits their terms provide); and any claim or damage arising out of your employment with and/or separation from the Company (including a claim for retaliation) under any common law theory or any federal, state or local statute or ordinance not expressly referenced above; provided, however, that nothing in the letter agreement or this Release prevents you from filing a charge with, cooperating with or participating in any proceeding before the Equal |
