In consideration of the transactions set forth in Section 1 of this Agreement, each Employer Group Entity, on behalf of itself and its subsidiaries, affiliates, divisions, successors, assigns, officers, directors, agents, attorneys, partners and current and former employees (collectively, the “ Employer Releasors ” and together with the Former Employee Releasors, the “ Releasing Parties ”) agrees to and does hereby irrevocably and unconditionally release, acquit and forever discharge the Former Employee, and his heirs, executors, administrators, representatives, agents, advisors, successors and assigns and DDFS (hereinafter collectively referred to as the “ Former Employee Releasees ”), with respect to and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including attorneys’ fees and costs) of any kind whatsoever, known or unknown, whether in law or equity and whether arising under federal, state or local law, which the Employer Releasors had, now have, or may have or claim to have in the future against each or any of the Former Employee Releasees by reason of any matter, course or thing whatsoever from the beginning of the world until the date of execution of this Agreement (the “ Employer Released Claims ” and, together with the Former Employee Released Claims, the “ Released Claims ”); provided , however , that nothing herein shall release the Former Employee from (a) obligations or restrictions arising under this Agreement, and (b) any claim arising as a result of or related to Former Employee’s alleged actual fraud or purposeful and intentional bad faith acts that are associated with the Former Employee’s alleged actual fraud (an “Excluded Actual Fraud and Related Malfeasance Claim”).