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.

Release by Rosengarten. In exchange for the benefits provided to her under this Agreement, which Rosengarten acknowledges and agrees are greater in their totality than those to which she otherwise would be entitled (including, without limitation, under the Employment Agreement), Rosengarten, on behalf of herself and her heirs, successors and assigns, hereby releases ​ Corp., the Bank, their affiliates, parents, and subsidiaries, and each of their respective past and present officers, directors, stockholders, partners, managers, members, trustees, agents, employees, representatives, attorneys, insurers, successors and assigns (collectively, the “Released Parties”) from any and all claims arising on or before the date she signs this Agreement; provided, however, this release does not apply to any rights Rosengarten may have to indemnification under the Bank’s Articles of Incorporation or By-laws, insurance policies, other contracts or law.

Release by Bank. The Bank, on its own behalf and on behalf of ​ Corp. and its direct and indirect subsidiaries, hereby releases Rosengarten from any and all claims they may have against her as of the date the Bank signs this Agreement. This release, however, does not apply to or adversely affect any claims against Rosengarten which allege or involve the following: # a willful failure by her to deal fairly with the Bank, ​ Corp. or any of its direct or indirect subsidiaries in connection with a matter in which she has or had a material conflict of interest; # a violation of criminal law, unless she had reasonable cause to believe that her conduct was lawful or no reasonable cause to believe that her conduct was unlawful; or # willful misconduct by Rosengarten.