11.The Parties represent that they are not aware of any claims by them other than the Claims that are released by this Mutual General Release.The Parties acknowledge that they may hereafter discover claims or facts in addition to or different than those which they now know or believe to exist with respect to the subject matter of the releases set forth in paragraph 2 above and which, if known or suspected at the time of entering into this Mutual General Release, may have materially affected this Mutual General Release and the Parties’ decision to enter into them.
11.The Parties represent that they are not aware of any claims by them other than the Claims that are released by this Mutual General Release.The Parties acknowledge that they may hereafter discover claims or facts in addition to or different than those which they now know or believe to exist with respect to the subject matter of the releases set forth in paragraph 2 above and which, if known or suspected at the time of entering into this Mutual General Release, may have materially affected this Mutual General Release and the Parties' decision to enter into them.
6.3 Severance Payments Conditioned Upon Mutual General Release. Executive shall forfeit all rights to severance payments pursuant to this Agreement unless Executive duly executes and delivers the Mutual General Release to the Employer (and the Mutual General Release is no longer subject to revocation) within sixty (60)days following the date of Executives termination of employment. If the foregoing release is executed and delivered and no longer subject to revocation as provided in the preceding sentence, then to the extent any such cash payment to be provided is not deferred compensation for purposes of Code Section409A, such payment shall commence upon the first scheduled payment date immediately after the date the release is executed and no longer subject to revocation (the Release Effective Date). The first such cash payment shall include payment of all amounts that otherwise would have been due prior to the Release Effective Date under the terms of this Agreement applied as though such payments commenced immediately upon Executives termination of employment, and any payments made thereafter shall continue as provided herein. To the extent any such payment to be provided is deferred compensation for purposes of Code Section409A, then such payments or benefits shall be made or commence upon the sixtieth (60)day following Executives termination of employment. The first such payment shall include payment of all amounts that otherwise would have been due prior thereto under the terms of this Agreement had such payments commenced immediately upon Executives termination of employment, and any payments made thereafter shall continue as provided herein.
5. Mutual General Release. In exchange for the consideration described herein, Employee, on his or her own behalf and on behalf of his or her heirs and assigns, releases and discharges Employer and its officers, trustees, directors, employees, agents, attorneys, successors, assigns and all related or affiliated organizations (Releasees), from any and all losses, liability, claims, demands, causes of action, grievances or suits of any type in any way connected with, relating to or arising out of any transactions, affairs or occurrences between them to date, including his or her termination from employment (Claims). Except for any rights created by this Agreement, this Release is intended to be interpreted as broadly as possible and to apply to any and all claims available to Employee in any forum, including, but not limited to, any claims for breach of contract, breach of the covenant of good faith and fair dealing, wrongful termination in violation of public policy, employment discrimination, harassment, defamation, violation of the Labor Code, or violation of any provision of federal or state law.