Agreement Not a Contract. This Agreement (and the grant of the Option) is not an employment or service contract, and nothing in the Option shall be deemed to create in any way whatsoever any obligation on Participant’s part to continue as an employee or director of or consultant to the Company or any Affiliate or a successor company (or a subsidiary or parent thereof), or of the Company or any Affiliate or a successor company (or a subsidiary or parent thereof) to continue Participant’s Service as such an employee, director or consultant.

Agreement Not Recordable. Neither this Agreement, nor any notice of it, shall be recorded in the Public Records of the county in which the Property is located.

Agreement Not to Compete. During the Restrictive Period, Stockholder shall not, as an agent, consultant, advisor, independent contractor, general partner, officer, director, stockholder, investor, lender or guarantor of any corporation, partnership or other entity or, in any other capacity, directly or indirectly participate or engage in the design, development, manufacture, production, marketing or sale of any product that competes or may compete with the Business anywhere in the world; provided that the foregoing shall not prohibit Stockholder from # owning, directly or indirectly, solely as an investment, debt securities (provided such securities are not convertible to equity securities) or up to five (5%) percent of any class of equity securities or debt securities that are convertible into equity securities, in each case, of any business that directly or indirectly competes with the Business, so long as Stockholder’s investment is passive (including not having any management or governance rights with respect to such business); # investing in a fund or other investment vehicle (including a private debt fund) that invests in a business that competes with or relates to the Business, provided Stockholder does not make any investment decisions of the fund or other investment vehicle, or take any action with respect to the management of any business in which the fund invests that directly or indirectly competes with the Business or # selling insurance products, risk management services or providing similar or related services to an entity that is engaged in the Business.

Agreement Not to Sue. Employee expressly represents that Employee has not filed a lawsuit or initiated any other administrative proceedings against the Releasees, and that Employee has not assigned any claim against the Releasees to any other person or entity. Employee further promises not to initiate a lawsuit against the Releasees relating to any Claim arising prior to the date of execution of this Amendment, except that nothing in this Amendment shall: # bar Employee’s right to file an administrative charge with the Securities and Exchange Commission (SEC), the Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), the National Labor Relations Board (NLRB), or any other federal, state or local agency; # prevent Employee from reporting to any government agency any concerns Employee may have regarding the Company’s practices; or # preclude Employee’s participation in an investigation by the SEC, EEOC, DOL, NLRB or any other federal, state or local agency. Should any entity, agency, commission, or person file a charge, action, complaint or lawsuit against the Releasees based upon any of the above-released Claims, Employee agrees that this Amendment bars Employee’s right to recover any relief whatsoever (including monetary relief), except that Employee may receive an award from the SEC under the federal securities laws.

Agreement Not Recordable. Neither this Agreement nor any notice of it will be recorded in any public records.

Not an Employment Agreement. This Agreement is not an employment agreement, and no provision of this Agreement shall be construed or interpreted to guarantee the right to remain an employee of the Company or its Subsidiaries for any specified term.

Agreement Not to Sue. In consideration of the Bank’s promises, payments and other consideration contained herein, [[Person A:Person]] hereby further agrees that if any claim referenced herein is filed, pursued, or otherwise prosecuted by [[Person A:Person]], individually or collectively, or by any persons or entities, by or through her or on her behalf, individually or collectively, [[Person A:Person]] waives her rights to relief from such claim, including the right to attorneys’ fees, costs and any and all other relief whether legal or equitable, sought in such claim, and agrees to indemnify and hold Releasees harmless from such claim, including attorneys’ fees and costs. If [[Person A:Person]] violates this Agreement by suing the Bank or the Releasees, [[Person A:Person]] agrees that she will pay all costs and expenses of defending against the suit incurred by the Bank or the Releasees. Nothing in this Section 8 will prevent [[Person A:Person]] from bringing claims against the Bank arising out of a breach of this Agreement.

Not an Employment Agreement. This Agreement is not an employment or service agreement, and no provision of this Agreement shall be construed or interpreted to create an employment or service relationship between the Participant and the Company or guarantee the right to continue in the employment of the Company or a Subsidiary for any specified term or limit the Company’s authority to terminate the Participant’s employment.

NOT AN EMPLOYMENT AGREEMENT. This Agreement is not an employment agreement, and no provision of this Agreement shall be construed or interpreted to guarantee the right to remain employed by the Company or any Affiliate for any specified term.

Agreement Not to Sue. Employee expressly represents that Employee has not filed a lawsuit or initiated any other administrative proceedings against the Releasees, and that Employee has not assigned any claim against the Releasees to any other person or entity. Employee further promises not to initiate a lawsuit against the Releasees relating to any Claim arising prior to the date of execution of this Agreement, except that nothing in this Agreement shall: # bar Employee’s right to file an administrative charge with the Securities and Exchange Commission (SEC), the Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), the National Labor Relations Board (NLRB), or any other federal, state or local agency; # prevent Employee from reporting to any government agency any concerns Employee may have regarding the Company’s practices; or # preclude Employee’s participation in an investigation by the SEC, EEOC, DOL, NLRB or any other federal, state or local agency. Should any entity, agency, commission, or person file a charge, action, complaint or lawsuit against the Releasees based upon any of the above-released Claims, Employee agrees that this Agreement bars Employee’s right to recover any relief whatsoever (including monetary relief), except that Employee may receive an award from the SEC under the federal securities laws.