In consideration of the payments and benefits provided to the Employee under the Employment Agreement and after consultation with counsel, the Employee, his marital community, and each of the Employee's respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the " Releasors ") hereby irrevocably and unconditionally release and forever discharge the Company, Affiliates and Related Parties and each of their respective officers, employees, directors, shareholders and agents (" Releasees ") from any and all claims, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, " Claims "), including, without limitation, any Claims under any federal, state, local, provincial or foreign law, that the Releasors may have, or in the future may possess, arising out of (i) the Employee's employment relationship with and service as an employee, officer or director of the Company, Affiliates of Related Parties, and the termination of such relationship or service, and (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date hereof; provided , however , that the Employee does not release, discharge or waive (i) the Employee's rights to payments and benefits provided under the Employment Agreement that are contingent upon the execution by the Employee of this Release, or rights to enforce the performance by the Company of its obligations under the Employment Agreement, (ii) any employee benefits payable pursuant to the terms of the applicable plans of the Company or any of its affiliates, which benefits shall be paid or provided in accordance with the terms of such plans, or (iii) any right of indemnification or contribution that the Employee may have under the organizational documents of the Company or from any other source, including, any directors' or officers' insurance policy maintained by the Company.