Covenant Not to Sue. At no time in the future will either party file or maintain any charge, claim or action of any kind, nature and character whatsoever against any of the Releasees, (except to enforce the Agreement) or cause or knowingly permit any such charge, claim or action to be filed or maintained, in any federal, state or municipal court, administrative agency, arbitral forum or other tribunal, arising out of any of the matters covered by paragraph 5 above. Executive further agrees that he will not initiate, join, participate, encourage, or actively assist in the pursuit of any employment-related legal claims against Company or its parent, subsidiary and affiliated companies, and their respective shareholders, officers, directors, representatives, employees, former employees, agents, attorneys, successors and assigns, whether the claims are brought on Executive's own behalf or on behalf of any other person or entity. Nothing in the paragraph shall preclude Executive from testifying truthfully in any legal proceeding pursuant to subpoena or other legal process.

Executive agrees that, in consideration for the Monthly Separation Payments, he, for himself, his heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges ​, its predecessors, successors and assigns, and its present and former officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plans and programs (and the trustees, administrators, fiduciaries, and insurers of such plans and programs) (“​ Releasees”), from any and all claims or liabilities of whatever kind or nature which he ever had or which he now has, known or unknown, against any and all ​ Releasees that are attributable to or arose during all periods of time occurring on or prior to the Effective Date, including, but not limited to, any claims arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in Section 2 above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (“ADEA”), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims related to or arising out of his employment relationship with ​ or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive discharge or any other employment-related claim (collectively, the “Released Claims”). Notwithstanding the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the ​ Senior Officers Annual Incentive Plan or the ​ Senior Officers Long-Term Incentive Plan for his employment with ​ through the Effective Date.

Mutual Releases; Covenants Not to Sue and No Disparagement. The Parties hereby agree to the mutual releases, covenants not to sue and covenants not to disparage set forth in [Schedule C] as if fully included in this Agreement.

Release and Covenant Not to Sue. In consideration of the agreements of Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, Subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, controversies, damages and any and all other claims, counterclaims, defenses, rights of set off, demands and liabilities whatsoever known or suspected as of the date hereof (individually, a “Claim” and collectively, “Claims”) of every name and nature, both at law and in equity, which any Loan Party or any of their successors, assigns, or other legal representatives may now own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time from and after the Fifth Amendment Effective Date to the day and date of this Sixth Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto.

Contemporaneously with the execution of this Agreement, counsel for EZ CLONE and Blackburn on the one hand and Defendant on the other hand shall dismiss with prejudice the Complaint and related Counterclaim; the parties understanding that this Agreement is to be in full settlement of the matters raised in the EZ CLONE Litigation other than any specific claims Plaintiff Mickelson may hold against Defendant or which Defendant may hold against Mickelson. Should the Parties hereto be required to pursue a designation of good faith settlement as related to this dismissal or should such a determination be necessary to achieve the benefits as defined by this Agreement, the Parties agree to cooperate in the filing of and best efforts to obtain a good faith settlement designation.

No Current Claims; Covenant Not to Sue. Employee represents and warrants that Employee has not filed any complaint(s) or charge(s) against the Company or the other Released Parties with the EEOC or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, or with any other local, state, or federal agency or court. Employee further covenants and agrees that Employee shall forever refrain and forbear from initiating or participating as a party in a lawsuit attempting to enforce any of the claims that are released and discharged herein. Moreover, Employee agrees that he will not persuade or instruct any person to file a suit, claim, or complaint with any state or federal court or administrative agency against the Released Parties. Employee acknowledges that, in accordance with 29 C.F.R. § 1625.23(b) and other applicable law, this covenant not to sue does not prevent Employee from filing a charge of discrimination with the EEOC or otherwise participating in an EEOC or SEC investigation of the Company. This covenant not to sue also does not preclude Employee from bringing a lawsuit to challenge the validity of the release language contained in this Agreement. Should Employee violate this covenant, Employee shall be responsible for all of the Released Parties’ costs incurred as a result of Employee’s breach, including without limitation the Released Parties’ attorneys’ fees.

Limited Enzo Covenant Not To Sue On Covered Third Party Products. Subject to the terms and conditions hereof, including ​’s timely payment of the Payment under Section 3.1, Enzo, on behalf of itself and its Affiliates, covenants during the term of this Agreement not to sue ​’s Related Persons for # infringement of the Licensed Enzo Patent Rights by an ​ Product, or # infringement of the Licensed Enzo Patent Rights by a Covered Third Party Product. This covenant not to sue is non-assignable by ​, its Affiliates or any of their respective Related Persons who benefit from this covenant not to sue.

Right to Sue. The determination of the existence of Cause or Good Reason for purposes of terminating Executive’s employment or other service with the Company under this Agreement shall be in the sole discretion of the Board, and Executive’s Right to Sue (as defined below) shall not restrict, prevent or delay the Company’s termination of Executive’s employment or other service with the Company at any time, for any reason or no reason. Notwithstanding any contrary provision of this Agreement, the ability of the Board (or a committee of the board or other delegate of the Board or Company) to exercise discretion and make determinations regarding any matter, including but not limited to, the existence of Cause or Good Reason for purposes of terminating Executive’s employment or other service with the Company, under this Agreement shall not nullify, abridge or restrict Executive’s right to bring suit on any such matter in a court of competent jurisdiction and the final adjudication in a court of competent jurisdiction of such matter will be binding on all parties (Participant’s “Right to Sue”).

Purchaser covenants not to sue and agrees not to assert any claims or causes of action against the ​, or its contractors or employees, with respect to Existing Contamination, the Work, payments pursuant to Paragraph 39, or this Settlement Agreement, including, but not limited to:

Covenants. The parties hereby agree that # the provisions of paragraph 8 are hereby incorporated by reference into this paragraph 12 and shall continue to apply during the period commencing on the Commencement Date and ending on the later of the termination of the Advisor Period and the termination of the Producer Period (such period, the “Extended Restriction Period”) (other than with respect to any Project which [[Organization A:Organization]] has rejected or failed to accept appropriately pursuant to the First Look), and any period set forth in the provisions of paragraph 8 that survives any termination of employment or the Employment Term shall survive for the same duration following termination of the Extended Restriction Period, and # the provisions of paragraph 8(a), 8(b) and 8(f) that would otherwise terminate upon the expiration of the Original Employment Term shall continue to apply following the expiration of the Original Employment Term during the Extended Restriction Period, and shall remain in effect as follows: # with respect to paragraphs 8(a) and 8(b), until the first anniversary of the termination of the Extended Restriction Period, unless such Extended Restriction Period terminates as a result of the expiration of the Original Advisor Period or the Original Producer Period (in which case the provisions of paragraphs 8(a) and 8(b) shall end on the last day of the Original Advisor Period or the Original Producer Period, as the case may be), and # with respect to paragraph 8(f), until the second anniversary of the termination of the Extended Restriction Period, unless such Extended Restriction Period terminates as a result of the expiration of the Original Advisor Period or the Original Producer Period (in which case the provisions of paragraph 8(f) shall end on the last day of the Original Advisor Period or the Original Producer Period, as the case may be).