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 agreement, and no provision of this Agreement shall be construed or interpreted to create an employment relationship between the Holder and the Company or any Affiliate, to guarantee the right to remain employed by the Company or any Affiliate for any specified term or require the Company or any Affiliate to employ the Holder for any period of time.

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.

Each party agrees, on behalf of itself and on behalf of its Related Parties not to sue, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the other party or its Related Parties any action, suit or other proceeding concerning the Released Claims, in any jurisdiction.

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 a Contract. This Agreement (and the grant of Restricted Stock Units) is not a service contract, and nothing in this Agreement shall be deemed to create in any way whatsoever any obligation on the Participant’s part to continue as a Director, an Employee or a Consultant, or of the Company or an Affiliate to continue the Participant’s service as a Director, an Employee or a Consultant.

Not a Service 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 remain a member of the Board for any specified term.

Agreement Not to Sue. Employee affirms that Employee has not filed, caused to be filed, and presently is not a party to any claim, charge, complaint, causes of action, or action against the Company or any of the Releasees. Employee agrees not to file or maintain any other charge, claim or action against the Releasees arising out of the matters covered by this Agreement, and agrees not to participate in or encourage the pursuit of any claims against the Company, its employees or agents, unless compelled to testify pursuant to subpoena or order of a court of competent jurisdiction. However, this paragraph will not limit Employee from filing a claim with a governmental agency regarding the enforceability of this Agreement or from filing a claim that may be allowed by applicable law.

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.

Not an Employment Agreement. This Agreement is not an employment agreement, and no provision of this Agreement shall be construed or interpreted to create any Employment relationship between Grantee and the Company for any time period. The Employment of Grantee with the Company shall be subject to termination to the same extent as if this Agreement had not been executed.