the “Released Parties”), from all proceedings, demands, rights, causes, actions, suits, obligations, liabilities, debts, sums of money, accounts, bills, dues, covenants, undertakings, promises, contracts, agreements, complaints, controversies, grievances, damages, judgments, actions, claims, losses, costs and expenses (including related attorneys’ fees and costs), whether known or unknown, suspected or unsuspected, anticipated or unanticipated, that the Executive may now have or has ever had against any of the Released Parties by reason of any act, omission, transaction or event occurring before or on the date of this Separation Agreement (“Claims”), other than:
(i) any wages or other compensation due to the Executive as an employee of the Company in the ordinary course of business and consistent with past practice, that have been earned but not paid between (A) the date of the last payroll before the date of this Separation Agreement and (B) the date of this Separation Agreement,
(ii) any benefits due to the Executive as an employee of the Company, in the ordinary course of business and consistent with past practice, that have accrued but are unpaid as of the date of this Separation Agreement,
(iii) expenses incurred by the Executive in the ordinary course of business for which the Executive is entitled to reimbursement pursuant to the Company’s policies and guidelines in effect as of the date of this Separation Agreement,
(iv) the severance and benefits due to the Executive pursuant to this Separation Agreement,
(v) any indemnification and/or insurance coverage rights under Section 3(c) of the Employment Agreement,
(vi) any vested equity securities of the Company, its subsidiaries and affiliates granted to the Executive,
(vii) any claim or right that, under applicable law, cannot be waived, including the right to file a charge with or participate in an investigation or lawsuit conducted by an administrative agency; provided, however, that the Executive hereby waives the Executive’s right to any monetary recovery if any administrative agency pursues on the Executive’s behalf any claim against any Released Party (including any claims under the False Claims Act, 31 U.S.C. § 3729, et seq., and similar state Laws),or
(viii) any claims under that certain Indemnification Agreement between the Executive and the Company, the limited liability company agreement of EGI-AM Holdings, L.L.C., and any other rights incident to ownership of equity, including under the registration rights agreement between EGI-AM Holdings, L.L.C. and Executive.
(b) Scope of Released Claims. Without limiting the generality of the Claims released in Section 2, the Executive acknowledges and agrees that the Claims include all:
(i) claims against any Released Party arising from or related to any employment or contractor relationship between the Executive and any Released Party and/or the termination of any such relationship except as expressly provided in Section 2,
(ii) claims against any Released Party for wrongful discharge of employment, termination in violation of public policy, discrimination of any kind (including discrimination based on race, color, religion, sex, sexual orientation, age, national origin, ancestry, physical or mental disability, marital status, order of protection status, genetic status, veteran status, unfavorable discharge from military service, citizenship status or other classification protected by Law),