The claims being waived, released and discharged in Paragraph 4 of this Agreement include any and all claims Executive has or may have arising out of or related to Executive’s employment with ​ or termination of that employment, including any and all claims under the ADEA;

Executive’s rights under any D&O policy maintained by or for the benefit of the Released Parties or their respective employees, officers or directors at any time during or after the course of Executive’s employment with, any of the Released Parties; # any rights that Executive may have to assert an affirmative defense to a claim by the Released Parties; or # any rights or obligations under applicable law that cannot be waived or released pursuant to an agreement (such rights under subclauses [(i)-(v)], “Preserved Rights”). Any claims, rights, and causes of actions not specifically set forth in this [Section 3] as Preserved Rights are forever released and waived pursuant to [Section 2].

The claims you are releasing include without limitation the Claims as defined in this Agreement, any additional claims asserted on your behalf by legal counsel (if any) or by any individual, entity or government agency, and all other claims arising under any act, statute, constitution, regulation, executive order, ordinance, or the common law, including any claims for attorneys’ fees and/or costs. Without limiting the generality of the foregoing and subject to the exceptions listed in the section entitled “Right to Enforce Agreement and Cooperate with the Government” listed below, the claims released by you hereunder include, but are not limited to:

If you break your promise not to make claims against your Employer and other released persons, or otherwise violate the Separation Agreement, then you must pay back the Severance Benefits that you have received under the Plan. You will also be required to compensate your Employer and other released persons for any expenses incurred by them on account of your violation of the Separation Agreement, including attorney’s fees and costs.

In exchange for the consideration provided to me under this Agreement to which I would not otherwise be entitled, I hereby generally and completely release [[Organization A:Organization]] and its current and former directors, officers, employees, stockholders, partners, agents, attorneys, predecessors, successors, parents, direct and indirect subsidiaries, insurers, affiliates, investors and assigns (collectively, the “Released Parties”) of and from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date I sign this Separation Date Release (collectively, the “Released Claims”).

11.2The Parties intend this Settlement Agreement to be a final and complete resolution of all disputes between them with respect to the Released Claims by Plaintiffs, Settlement Class Members, and each or any of them, on the one hand, against the Released Parties, and each or any of the Released Parties, on the other hand. Accordingly, the Parties agree not to assert in any forum that the Actions were brought by Plaintiffs or defended by Defendants, or each or any of them, in bad faith or without a reasonable basis.

No Pending Claims. Lammersfeld acknowledges and agrees that, as of the date he signs this Agreement, there are no pending complaints, allegations, charges or lawsuits filed by him against ​ Corp., the Bank, or any of the other Released Parties. Lammersfeld further acknowledges and agrees that he is the sole and lawful owner of all rights, title and interest in and to all matters released under Paragraph 4, above, and that he has not assigned or transferred, or purported to assign or transfer, any of such released matters to any other person or entity.

No Pending Claims. Rosengarten acknowledges and agrees that, as of the date she signs this Agreement, there are no pending complaints, allegations, charges or lawsuits filed by her against ​ Corp., the Bank, or any of the other Released Parties. Rosengarten further acknowledges and agrees that she is the sole and lawful owner of all rights, title and interest in and to all matters released under Paragraph 4, above, and that she has not assigned or transferred, or purported to assign or transfer, any of such released matters to any other person or entity.

or accept any compensatory damages, back pay, front pay, or reinstatement remedies for Executive personally with respect to any claims released by this Agreement.

Disability Claims. If a claim is related to any distribution or rights to which a Participant or other Claimant may be entitled in connection with the Participant’s termination by reason of suffering a Disability (“Disability Claim”) then, as soon as reasonable but within forty-five (45) days after receipt of such claim, the Committee will send to the Claimant by certified mail, postage prepaid, notice of the granting or denying, in whole or in part of such claim. This period within which the Committee must provide such notice may be extended twice, for up to thirty (30) days per extension, provided that the Committee # determines that an extension is needed and beyond the control of the Plan, and # notifies the Claimant prior to the expiration of the initial forty-five (45) day period or of the first thirty (30) day extension period. In the case of any extension request, the notice of extension shall specifically explain the standards on which entitlement to a benefit is based, the unresolved issues that prevent a decision on the claim, and the additional information needed to resolve those issues, and the Claimant shall be afforded at least forty-five (45) days within which to provide the specified information. If the Committee fails to notify the Claimant either that his or her claim has been granted or that it has been denied in whole or in part within the initial forty-five (45) day period or prior to the expiration of an extension, if applicable, then the claim shall be deemed to have been denied as of the last day of the applicable period, and the Claimant then may request a review of his or her claim. The Committee must ensure that all Disability Claims and appeals are adjudicated in a manner designed to ensure the independence and impartiality of the persons involved in making the Disability determination.