General Release of Claims. As set forth in paragraph 1 above, [[ViewRay:Organization]] will provide Executive the Release, in the form attached hereto at Exhibit A, on the date of his or her termination, whenever the termination takes place either during the Severance Period or after the expiration of the Severance Period, and Executive will thereafter have the number of days set forth therein to consider and execute the Release. Executive hereby acknowledges and agrees that his or her entitlement to the payments and benefits set forth in this paragraph 2 are fully contingent upon Executive's execution and non-revocation of the Release. In the event Executive fails to execute the Release after the effective date of his or her termination, Executive will be required to immediately pay back and/or return all payments and benefits theretofore received as consideration under this Agreement and [[ViewRay:Organization]] will be thereafter relieved of any obligation to pay or provide any additional pay or benefits hereunder.

Execution of Release of Claims. Company shall not be obligated to pay Executive any of the severance payments or benefits described in this Section 4 unless and until Executive has executed (without revocation) a release of claims as described below (the “Release”). The Release shall contain reasonable and customary provisions including a general release of claims against Company and its affiliated entities and each of their officers, directors and employees as well as mutual non-disparagement, confidentiality, cooperation and the like.

Severance Payments and Other Benefits to Executive. Pursuant to the terms of this Agreement, Executive is being provided with certain severance and other benefits to which the Executive would not otherwise be entitled. In consideration of the promises by Executive stated in this Agreement, which include but are not limited to the Executive agreeing to enter into certain restrictive covenants, a general release of claims after Executive’s effective termination date in the form attached hereto as Exhibit A (hereafter, the “Release”), and promise of confidentiality, [[ViewRay:Organization]] shall provide to Executive the payments and benefits set forth in paragraph 2 below (collectively the “Severance Package”).

Release. As a condition of receiving any and all amounts payable and benefits or additional rights provided pursuant to this Agreement beyond the Accrued Benefits, the Executive must execute and deliver to the Company and not revoke a general release of claims in favor of the Company in substantially the form attached on Exhibit A hereto (the “Release”). The Release must be executed and delivered (and no longer subject to revocation, if applicable) within sixty (60) days following the Executive’s Date of Termination. The Company shall deliver to the Executive the Release for the Executive to execute within five (5) business days following the Date of Termination.

Release. Notwithstanding anything contained in this Agreement [[Organization A:Organization]] contrary, the Company shall not be obligated to provide any payments or benefits to Executive under Section 2.1 or Section 2.2 hereof other than the Accrued Obligations unless Executive executes and delivers [[Organization A:Organization]] a general release of claims in favor of the Company and its Affiliates and their respective employees, officers and directors in such form as is reasonably requested by the Company, and such release becomes irrevocable by its terms, no later than sixty (60) days after the Date of Termination.