General Release by Xxxxxx. (a) Except for indemnification which Xxxxxx is entitled to under the By-laws of the Company, and the Company's payment obligation under Paragraph 2 hereof, in consideration of this Agreement and the monies and other good and valuable consideration provided to Xxxxxx pursuant to this Agreement, Xxxxxx hereby irrevocably and unconditionally releases, waives and forever discharges the Company and each of the other Releasees, from any and all actions, causes of action, claims, demands, damages, rights, remedies and liabilities of whatsoever kind or character, in law or equity, suspected or unsuspected, known or unknown, past or present, that he has ever had, may now have, or may later assert against the Releasees, whether or not arising out of or related to Xxxxxx'x employment with or the performance of any services to or on behalf of the Company or the termination of that employment and those services or any other cause from the beginning of time to the Effective Date hereof, (hereinafter collectively referred to as "Xxxxxx'x Claims"), including without limitation: (i) any claims arising out of or related to any federal, state and/or local labor or civil rights laws including, without limitation, the federal Civil Rights Acts of 1866, 1871, 1964 and 1991, the Pregnancy Discrimination Act of 1978, the Age Discrimination in Employment Act of 1967, as amended by, inter alia, the Older Workers Benefit Protection Act of 1990, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, the Florida Civil Rights Act of 1992, Florida Labor laws and Florida Wage and Hour Laws as each may have been amended from time to time; and (ii) any and all of Xxxxxx'x Claims arising out of or related to any contract, any and all other federal, state or local constitutions, statutes, rules or regulations, or under any common law right of any kind whatsoever, or under the laws of any country or political subdivision, including, without limitation, any of Xxxxxx'x Claims for any kind of tortious conduct (including, but not limited to, any claim of defamation or distress), promissory or equitable estoppel, breach of the Company's policies, rules, regulations, handbooks or manuals, breach of express or implied contract or c...
General Release by Xxxxxx. In consideration of the representations and covenants undertaken by DOV, including the payments and benefits described in Paragraph 2 of this Agreement, Xxxxxx releases, discharges and promises not to xxx DOV and its parent, if any, subsidiaries, affiliates and related companies, and any of and all its current or former directors, officers, members, employees, attorneys, representatives, insurers, agents, successors, and assigns (individually and collectively the “DOV Releasees”), from and with respect to any and all claims, actions, suits, liabilities, debts, controversies, contracts, agreements, obligations, damages, judgments, causes of action, and contingencies whatsoever (except claims, etc., that arise hereunder relating to the enforcement hereof), including attorneys’ fees and costs, in law or in equity, known or unknown, suspected or unsuspected, asserted or unasserted, that, against the DOV Releasees, Xxxxxx and his heirs, administrators, executors, successors, assigns and attorneys ever had, now have, or hereafter can, shall, or may have for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of the world to the date of this Agreement. This includes (i) any claims for compensation, salary, bonus or similar benefit, severance pay, pension, vacation pay, life insurance, disability benefits, health or medical insurance, or any other fringe benefit; (ii) any claims under any federal, state, or local law, regulation, or ordinance, including any claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Family Medical Leave Act, the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, the New Jersey Conscientious Employee Protection Act, the New York State Human Rights Law, New York Executive Law § 290 or the New York City Administrative Code; (iii) any claims arising out of or relating to his employment with DOV, the terms and conditions of such employment and/or the separation of such employment; and (iv) any claims related to stock options, any claims for breach of contract (express or implied), and any claims under common law. The parties intend this release by Xxxxxx to be a general release of any and all claims to the fullest extent permissible by law.
General Release by Xxxxxx. Upon the execution of this Agreement, and in consideration of the covenants and other consideration set forth herein, the sufficiency of which Xxxxxx hereby acknowledges, Xxxxxx (including, but not limited to, in his capacity as a holder of the Subject Securities and the Unvested Options) releases the Company, the Related Entities, any and all entities that have been or may become associated with the Company and/or the Related Entities in the future in any manner whatsoever, and each of the foregoing entities’ past, present and future shareholders, directors, officers, employees, agents, attorneys, consultants, predecessors, successors and assigns (all of the foregoing, collectively, the “Releasees”), from any and all claims, demands, suits, debts, loans, judgments, liens, obligations, damages, liabilities (including, but not limited to, claims for indemnification or contribution), rights and causes of action of any nature whatsoever, known or unknown, at law or equity or otherwise, including, but not limited to, claims, demands, suits, causes or rights of action relating to breach of contract or public policy, any claims arising under Title VII of the Civil Rights Act of 1964 and as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000(e), et seq.; the Federal Age Discrimination in Employment Act as amended by the Older Workers Benefit Protection Act of 1990, 29 U.S.C. § 623, et seq.; the Americans with Disability Act, 42 U.S.C. § 12101, et seq.; the Civil Rights Act of 1866 (42 U.S.C. § 1981); the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq.; the Consolidated Omnibus Budget Reconciliation Act of 1985, 42 U.S.C. § 1395(c); Executive Order 11246; § 503 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701, et seq.; the Family and Medical Leave Act, 29 U.S.C. §§ 2601, et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1132(a)(1)(B), et seq.; Xxxxxxxx-Xxxxx Act of 2002, Public Law 107-204, including whistleblowing claims under 18 U.S.C. §§ 1514A and 1513(e); ); the Illinois Human Rights Act, 775 ILCS 5/1-103, et seq.; the Xxxx County Human Rights Ordinance, Ord. No. 93-0-13; the Illinois Wage Payment and Collection Act, 820 ILCS 115/1, et seq.; the United States Constitution, including any rights of privacy thereunder; claims for breach of express or implied contract, including breach of the covenant of good faith and fair dealing; claims for discrimination or harassment of any kind; claims for defamation o...
General Release by Xxxxxx. (a) Xxxxxx hereby knowingly and voluntarily releases and forever discharges the Company and each of its affiliates, predecessors, successors, parents, subsidiaries, divisions and assigns and their respective current and former officers, directors, partners, shareholders, representatives, employees, former employees, attorneys, and agents (collectively referred to as "Releasees"), collectively, separately, and severally, from any and all state, federal, or local claims, causes of action, liabilities, and judgments of every type and description whatsoever at law or in equity (including, but not limited to, claims arising under the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Fair Labor Standards Act of 1938, as amended, the Americans with Disabilities Act, state and local labor and employment laws, and state tort, contract, or statutory law) that he, his heirs, administrators, executors, personal representatives, beneficiaries, and assigns have, may have or may claim to have against the Releasees for compensatory or punitive damages or other legal or equitable relief of any type or description.
General Release by Xxxxxx. Except as set forth in Paragraph IV below or as otherwise set forth in this Agreement, Xxxxxx on his own behalf and for his spouse, heirs, successors, assigns, executors and representatives of any kind, hereby releases and forever discharges Spectrum, its subsidiaries and affiliates, and its and their present and former employees, directors, officers, agents, shareholders, and insurers and each of their respective predecessors, heirs, executors, administrators, successors and assigns (collectively, the “Released Parties”), from any and all claims, demands, rights, liabilities, and causes of action of any kind or nature, known or unknown, arising prior to or on the execution date of this Agreement, including but not limited to any claims, demands, rights, liabilities and causes of action arising or having arisen out of or in connection with his employment or his termination of employment with Spectrum. This release specifically includes, but is not limited to, a release of any and all claims pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., the Wisconsin Fair Employment Act, Wis. Stats., §§ 111.31-111.395, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., 42 U.S.C. §§ 1981-1986, the Civil Rights Act of 1991, 42 U.S.C. § 1981a, the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., all claims for defamation and wrongful discharge, and any other claims whether based on contract or tort and whether under federal, state, or local law. For the avoidance of doubt, Xxxxxx acknowledges that the benefits provided in Exhibit B of the Agreement are in full satisfaction of any and all obligations of Spectrum under the Employment Agreement.
General Release by Xxxxxx. As a material inducement to 1-800 CONTACTS to enter into this Agreement, Xxxxxx, on behalf of himself and his heirs, executors, administrators and assigns, irrevocably and unconditionally releases, acquits and forever discharges 1-800 CONTACTS, its officers, directors, owners, partners, agents, predecessors, successors, affiliates, subsidiaries, parent companies, insurers and current and former employees from any and all charges, complaints, claims, liabilities and obligations of any nature whatsoever, including but not limited to, rights or claims arising out of contract, express or implied, any covenant of good faith and fair dealing, any tort, Title VII of the Civil Rights Act of 1964, as amended, the 1991 Civil Rights Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or other governmental statute, regulation or ordinance, any rights or claims for wages, vacation, overtime, commissions, bonuses, stock, stock options, entitlements or benefits, which Xxxxxx had, now has, or claims to have, or which he at any time hereinafter may have or claim to have, whether known or unknown as of the date that this Agreement is fully executed; provided, however, that the release set forth in this paragraph 8 shall not apply to (i) the payments and benefits provided for in this Agreement, (ii) any rights that Xxxxxx may have under or pursuant to the 1-800 CONTACTS 401(k) plan and any law applicable thereto, or (iii) any claim, right, cause of action, or demand that may arise from or out of an event occurring after the date on which this Agreement is executed by Xxxxxx, and specifically any claim that may arise from a breach of this Agreement by 1-800 CONTACTS.
General Release by Xxxxxx. In consideration of the payments, rights, and benefits provided for in this Agreement, you, on behalf of yourself and your heirs, legatees, personal representatives and assigns (the "Xxxxxx Xxxxxxxxx Parties"), release and forever discharge Lifeway and all of its affiliated companies and each of their current and former owners, shareholders, officers, directors, employees, agents, predecessors, successors, benefit plans, insurers, attorneys and assigns (collectively the "Lifeway Released Parties"), from any and all claims and causes of action, known and unknown, from the beginning of time to the Effective Date, that Releasing Parties has or may have against Released Parties. This release is intended to be as comprehensive as can be conceived and the law will allow, and includes but is not limited to claims of any type related to or arising out of Xxxxxx's employment or the end of his employment with Lifeway, including but not limited to:
General Release by Xxxxxx a. In consideration for the payment of the consideration described herein Xxxxxx, for himself, for his heirs, beneficiaries, successors, assigns, agents, employees, executors, administrators, and representatives, and for anyone who has or obtains rights or claims from his, forever releases and discharges the Company, and each of the Company’s affiliates, directors, officers, successors, assigns, agents, employees, accountants, attorneys, and representatives from any and all claims and causes of action arising before the Effective Date of this Agreement (as defined below), whether known or unknown and including, but not limited to, all claims arising out of Xxxxxx’x employment with, and service in all capacities for, the Company or arising out of any act or omission of the Company or any of its officers and directors; provided, however, Xxxxxx’x release does not include a release for any liability or obligation arising under this Agreement or under the 2011 Employment Agreement executed concurrently herewith. To the extent permitted by law, Xxxxxx specifically releases the Company from all claims arising under or in connection with the following federal and state laws, as amended, and all related regulations, the: Age Discrimination in Employment Act of 1967; Americans with Disabilities Act of 1990; Title VII of the Civil Rights Act of 1964; Civil Rights Act of 1991; Civil Rights Acts of 1866 and 1871; Equal Pay Act of 1963; Family and Medical Leave Act of 1993; National Labor Relations Act; Occupation Safety and Health Act of 1970; Older Workers Benefit Protection Act of 1990; Pregnancy Disability Act of 1978; the Rehabilitation Act of 1973; Executive Order 11246; Consolidated Omnibus Budget Reconciliation Act of 1985; Colorado employment practice statutes and the all statutes and/or regulations enacted pursuant to the Colorado Revised Statutes and under the common law of the State of Colorado for compensation, damages, tort, breach of express or implied employment contract, discrimination, harassment, sexual harassment, wrongful discharge, infliction of emotional distress, defamation and for any other damages or injuries incurred on the job, in relation to Xxxxxx’x employment or incurred as a result of loss of employment. Nothing in this paragraph shall be construed to preclude Xxxxxx’x receipt of any unemployment insurance benefits to which he may be entitled under applicable law.
General Release by Xxxxxx. Banner on behalf of its assigns and successors and each of them hereby fully release and discharge Executive from any and all Claims which Banner may have, known, unknown or later discovered, which arose prior to the date Banner signs this Agreement, related in any way to Executive’s employment with Banner; provided, however, that (a) Banner’s release of Claims shall not apply to Claims against Executive for intentional wrongdoing including but not limited to Claims of fraud, theft, embezzlement, securities law violations, misappropriation of trade secrets and the like and (b) all compensation amounts paid to Executive in connection with his employment at Banner shall be subject to such clawback (recovery) as may be required to be made pursuant to law, rule, regulation or stock exchange listing requirement or any policy of the Company or the Bank adopted pursuant to any such law, rule, regulation or stock exchange listing requirement.
General Release by Xxxxxx. (a) Xxxxxx hereby releases and forever discharges Alion, its subsidiaries, affiliates, insurers, predecessors, successors, and assigns, and the directors, officers, shareholders, employees, representatives and agents of each of the foregoing (collectively “Releasees”) of and from the following:
