Common use of Release and Waiver Clause in Contracts

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 3 contracts

Samples: Lightbridge Inc, Lightbridge Inc, Lightbridge Inc

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Release and Waiver. This letter agreement and In consideration of the agreement referenced in paragraph 8 contain Severance Benefits, you agree, except as may be necessary to enforce the entire agreement between you and provisions of the Company (and supersede Employment Agreement, not to make any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement claims of any kind against Clearwater Paper, before any agency, court of other forum and all causes of action to release Clearwater Paper, from any claim, known or claims that you have hadunknown, now have or may now have, arising in any way related from any actions taken by Clearwater Paper up to or arising out the date of or in connection with such employment and/or its termination or pursuant to the signing of this Agreement including, without limitation, any federalclaim for wrongful discharge, state or local employment laws, regulations, executive orders breach of contract or other requirementscommon law claims, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")or any claims arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990, the Occupational Safety and Health Act of 1970, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the Civil Rights Act of 1964, as amended, the Workers Adjustment and the Age Discrimination in Employment Retraining Notification Act of 1967. In consideration of 1988, the pay Connecticut Fair Employment Practices Act, or any other federal, state, or local statute or regulation dealing with discrimination on any bases, including sex, race, national origin, marital status, religion, disability, sexual orientation, or age, and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees ’s fees, expenses or costs. This paragraph does not restrict your right to file a charge of discrimination with the EEOC or to assist the EEOC in any investigation, however, by executing this Agreement, you waive any right that you may have to receive of any monetary award resulting from any action brought against Clearwater Paper by the EEOC or any other agency, person or entity and costs) against you expressly waive any right to bring a lawsuit or other action in your name. THIS MEANS THAT, BY SIGNING THIS AGREEMENT, YOU WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO BRING A LAWSUIT OR MAKE ANY CLAIM OF ANY KIND WHATSOEVER AGAINST CLEARWATER PAPER, OR ITS PAST AND PRESENT, AFFILIATES, DIVISIONS, SUBDIVISIONS, TRUSTEES, OFFICIALS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, ATTORNEYS OR EMPLOYEES, PERSONALLY OR IN THEIR OFFICIAL CAPACITY, BASED ON ANY ACTION, EVENT OR CONDUCT OCCURRING PRIOR TO THE DATE OF YOUR SIGNING OF THIS AGREEMENT. Further, this Agreement shall inure to the Companybenefit of and be binding upon you, its parentyour heirs, subsidiary and affiliated organizationsadministrators, and their respective pastrepresentatives, present and future directors, officers, agents, employeesexecutors, successors and assigns, and you hereby agree that, shall inure to the extent permitted by lawbenefit of and be binding upon Clearwater Paper, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge it successors and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementassigns.

Appears in 2 contracts

Samples: Employment Agreement (Cellu Tissue Holdings, Inc.), Employment Agreement (Cellu Tissue Holdings, Inc.)

Release and Waiver. This letter agreement and In return for the agreement referenced additional benefits described in paragraph 8 contain the entire agreement between B, you agree that you release and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of waive any and all causes of action legal claims you could bring against the Bank, its directors, officers, employees or claims that you have hadagents, now have or may now have, in any way its related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirementsentities and facilities (“Releasees”), including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), but not limited to claims of age discrimination under the federal Age Discrimination in Employment Act of 1967 and claims under Title VII of the Civil Rights Act of 1964Act, the Americans with Disabilities Act, and the Age Discrimination Family and Medical Leave Act, all as amended, and any other statute, law or ordinance. You agree to cooperate with the Bank in Employment Act the truthful and honest prosecution and/or defense of 1967. In consideration any claim, including (without limitation) the litigation involving the Xxxxxx claims, in which the Releasees may have an interest (subject to reasonable limitations concerning time and place), which may include (without limitation) making yourself available to participate in any proceeding involving any of the pay Releasees, allowing yourself to be interviewed by representatives, including lawyers of the Bank, appearing for depositions and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including testimony without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizationsrequiring a subpoena, and their respective pastproducing and/or providing any documents, present whether in hard copy or electronic, information and future directorsnames of other persons with relevant information, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any all without a claim of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEprivilege against Releasees. You further agree that (1) you have returned all Bank documents and property in your possession to the Bank including access cards, keys, iPhone, iPad, PC and any access passwords to these devices or files; (2) you will not bring any lawsuits, file any charges or complaints, or make any statements to any person or organization orally or in writing, disparaging the Bank, its activities, its employees or its agents; and (3) you will keep the contents of this Agreement confidential, except with regard to your legal advisors and your financial advisors (all of whom will be similarly bound by this provision). You are advised to consult with an attorney regarding this Agreement. You have 21 days from the date of your receipt of this Agreement to consider accepting it. Once you have accepted this Agreement (by signing one copy and delivering it to me in person or by mail), you may revoke your agreement by delivering to me within seven days a written notice of revocation. This Agreement shall not become effective or enforceable and no payment or other demands against Lightbridgebenefit shall be made until that seven-day period has expired. Please understand that this Agreement sets forth the complete understanding, or further pursue and supersedes any lawsuitsand all discussions and other agreements between us, cases or complaints already brought, based on regarding your employment by Lightbridgeand separation from employment. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration The Agreement set forth in this letter agreement.can only be amended in a writing signed by both of us. If you sign and return a copy of this Agreement to me, you are acknowledging that you have read it carefully, had sufficient time to review it and understand that it represents a voluntary, full and final settlement of all claims, known or unknown, with respect to your employment with and separation from Bank. Sincerely yours, /s/ Xxxxxx X. Xxxxxx March 17, 2014 Xxxxxx X. Xxxxxx President & CEO AGREED: /s/ Xxxxxx X Xxxxx Xxxxxx X. Xxxxx cc: Xxxxxxxxx X. Xxxxxx

Appears in 1 contract

Samples: Federal Home Loan Bank of Cincinnati

Release and Waiver. This letter agreement The Loan Parties each do hereby release the ABL Administrative Agent and each of the agreement referenced Lenders and each of their officers, directors, employees, agents, attorneys, personal representatives, successors, predecessors and assigns from all manner of actions, cause and causes of action, suits, deaths, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands, whatsoever, in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written law or oral) with respect to your employment by the Company and the termination of such employmentin equity, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement particularly, without limiting the generality of any and all causes of action or claims that you have hadthe foregoing, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination the Amended Credit Agreement and the other Loan Documents and any agreements, documents and instruments relating to the Amended Credit Agreement and the other Loan Documents and the administration of the Amended Credit Agreement and the other Loan Documents, all indebtedness, obligations and liabilities of the Loan Parties to the ABL Administrative Agent or pursuant any Lender and any agreements, documents and instruments relating to any federalthe Amended Credit Agreement and the other Loan Documents (collectively, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"the “Claims”), Title VII of which the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) Loan Parties now have against the CompanyABL Administrative Agent or any Lender or ever had, its parentor which might be asserted by their heirs, subsidiary and affiliated organizationsexecutors, and their respective pastadministrators, present and future directors, officersrepresentatives, agents, employeessuccessors, successors or assigns based on any Claims which exist on or at any time prior to the date of this Amendment. The Loan Parties expressly acknowledge and assignsagree that they have been advised by counsel in connection with this Amendment and that they each understand that this Section 9 constitutes a general release of the ABL Administrative Agent and the Lenders and that they each intend to be fully and legally bound by the same. The Loan Parties further expressly acknowledge and agree that this general release shall have full force and effect notwithstanding the occurrence of a breach of the terms of this Amendment or an Event of Default or Default under the Amended Credit Agreement. [signature pages follow] 3 AmericasActive:14002698.6 EXHIBIT A Changed pages to Credit Agreement [Attached.] EXECUTION VERSION CONFORMED THROUGH SECONDTHIRD AMENDMENT, DATED SEPTEMBER 13OCTOBER 21, 2019 CREDIT AGREEMENT Dated as of February 28, 2019 among ROADRUNNER TRANSPORTATION SYSTEMS, INC., as a Borrower and THE SUBSIDIARIES OF ROADRUNNER TRANSPORTATION SYSTEMS, INC. SIGNATORY HERETO AS SUBSIDIARY GUARANTORS, each as a Guarantor, and you hereby agree thatCERTAIN FINANCIAL INSTITUTIONS, as Lenders, and BMO XXXXXX BANK N.A., as Administrative Agent and Swing Line Lender, and BMO CAPITAL MARKETS CORP., and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers and Joint Book Runners AmericasActive:14016681.114016681.2 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 1 1.01 Defined Terms 1 1.02 Other Interpretive Provisions 4648 1.03 Accounting Terms 4748 1.04 Uniform Commercial Code 4849 1.05 Rounding 4849 1.06 Times of Day 4849 1.07 Letter of Credit Amounts 4850 ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS 4850 2.01 Loan Commitments 4850 2.02 Borrowings, Conversions and Continuations of Loans 5052 2.03 Letters of Credit 5253 2.04 Swing Line Loans 5860 2.05 Repayment of Loans 6163 2.06 Prepayments 6163 2.07 Termination or Reduction of Commitments 6365 2.08 Interest 6466 2.09 Fees 6466 2.10 Computation of Interest and Fees 6567 2.11 Evidence of Debt 6567 2.12 Payments Generally; the Administrative Agent’s Clawback 6668 2.13 Sharing of Payments by Lenders 6770 2.14 Settlement Among Lenders 6870 2.15 Nature and Extent of Each Borrower’s Liability 6971 2.16 Cash Collateral 7274 2.17 Defaulting Lenders 7375 2.18 Increase in Revolving Credit Commitments 7577 2.19 Designation of Subsidiaries as Unrestricted Subsidiaries 7678 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY 7779 3.01 Taxes 7779 3.02 Illegality 8083 3.03 Inability to the extent permitted by law, neither you nor any Determine Rates; Discontinuation of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based LIBOR 8183 3.04 Increased Costs; Reserves on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided LIBOR Loans 8284 3.05 Compensation for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.Losses 8386 i

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining theretothereto including, without limitation, those set forth in the Employment Agreement. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 1 contract

Samples: Lightbridge Inc

Release and Waiver. This letter agreement You acknowledge and agree that certain of the agreement referenced payments and benefits described in paragraph 8 contain section A below are contingent on your entering into the entire agreement between you Agreement and not revoking (or attempting to revoke) such Agreement during the Company applicable seven-day revocation period set forth herein. In consideration for the benefits described in this Agreement, You and any person acting by, through, under or on behalf of you, release, waive, and forever discharge Spirit Airlines, Inc. its subsidiaries, affiliates, and related entities (“Spirit or Company”) and supersede all of their respective agents, employees, officers, directors, shareholders, members, managers, employee benefit plans and fiduciaries, insurers, successors, and assigns (also collectively referred to as ‘Released Parties’) from any prior communicationsand all claims, written liabilities, actions, demands, obligations, agreements, or oral) with respect proceedings of any kind, individually or as part of a group action, whether known or unknown, arising out of, or connected with, claims of unlawful discrimination, harassment, retaliation (including state and federal whistleblower claims), or failure to accommodate; the terms and conditions of your employment by the Company employment; your compensation and benefits; and/or the termination of such your employment, and with respect to including, but not limited to, all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now havelaw, in any way related to or arising out of equity, in contract, or in connection with such employment and/or its termination tort, or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirementsstatute, including damages, attorney’s fees, costs and expenses and, without limitation Massachusetts General Laws c. 151B limiting the generality of the foregoing, to all claims arising under the Age Discrimination in Employment Act ("Unlawful Discrimination"ADEA), the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Civil Rights Act of 19671991, the Employee Retirement Income Security Act (ERISA), the Americans with Disabilities Act, the Railway Labor Act, the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification Act, the Florida Civil Rights Act of 1992, or any other federal, state, or local law, statute, or ordinance. In consideration of the pay and benefits You acknowledge that you will receive under this letter agreement, have (i) received all compensation due you hereby release, waive and discharge as a result of services performed for the Company with the receipt of your final paycheck; (ii) reported to the Company any and all such causes of action work-related injuries or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and occupational disease incurred by you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on during your employment by Lightbridge. You further represent that you the Company; (iii) been properly provided any leave requested under the FMLA and USERRA or similar state local laws and have no current not been subjected to any improper treatment, conduct or pending actionsactions due to a request for or taking such leave; (iv) provided the Company with written notice of any and all concerns regarding suspected ethical and compliance issues or violations on the part of the Company or any other released person or entity; and (v) not filed any complaints, charges, lawsuitsclaims, or complaints actions against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementCompany or any other released person or entity.

Appears in 1 contract

Samples: Form of Severance and Release Agreement (Spirit Airlines, Inc.)

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining theretothereto including, without limitation, those set forth in your employment agreement dated May 25, 2000. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 1 contract

Samples: Lightbridge Inc

Release and Waiver. This letter agreement In consideration for your receipt of the benefits set forth herein, you hereby forever waive and the agreement referenced in paragraph 8 contain the entire agreement between release any claims and rights you and the Company (and supersede any prior communications, written or oral) with respect to your employment by may have against the Company and its predecessors, affiliates, successors and assigns, as well as each of their respective past and present officers, directors, employees, agents, attorneys and shareholders (collectively, the “Released Parties”), from any and all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known and unknown, suspected or unsuspected, that you had, now have, or hereinafter claim to have against the Released Parties, which arise from or are in connection with your employment or the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all causes of action your employment or claims that you have had, now have which arise from or may now have, in any way related to or arising out of or are in connection with such any employment and/or its termination action taken, or pursuant not taken, affecting your employment with the Company, and based on any other conduct occurring prior to your signing this Release. This Release includes, but is not limited to, any federal, state claims or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), actions arising under Title VII of the Federal Civil Rights Act of 1964Act, and the Rehabilitation Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), the Americans With Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Worker Adjustment And Retraining Notification Act, the Employee Retirement Income Security Act, the California Fair Employment and Housing Act, all State and Federal civil rights laws, all State and Federal wage and hour laws, all as amended, public policy, contract (whether oral or written, express or implied) or tort law, as well as any other federal, state or local constitution, statute or common law right and claims for compensation, wages or benefits, except as set forth below, whether any such right or claim is known or unknown, actual or potential, statutory or non-statutory. Such release and waiver does not include any rights or claims you might have to workers’ compensation benefits under the workers’ compensation laws or based on conduct which occurs subsequent to your executing this Release. Nothing in this Release shall be construed as prohibiting you from filing a charge or complaint, including a challenge to the validity of 1967this Release, with the Equal Employment Opportunity Commission (“EEOC”) or other government agency or participating in any investigation or proceeding conducted by the EEOC or other government agency. In consideration of the pay and This Release shall not be construed in any manner to waive any rights or benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, may not be waived pursuant to the extent permitted by applicable law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will shall not bring accept any lawsuitsaward, file damages, recovery or settlement from any charges proceeding brought by you or complaintson your behalf pertaining to your employment with the Company, or make your separation. By this Release, you hereby expressly waive all rights afforded by Section 1542 of the Civil Code of the State of California (“Section 1542”) with respect to the Released Parties. Section 1542 states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release, you understand and agree that this Release is intended to include all claims, if any, which you may have and which you do not now know or suspect to exist in your favor against the Released Parties, and this Release extinguishes those claims. This Release does not release claims that cannot be released as a matter of law, including, but not limited to, the right to indemnification under California Labor Code Section 2802, nor your rights to (i) indemnification under the laws of the State of Delaware, and the Corporation’s Certificate of Incorporation and Bylaws and under any other demands against Lightbridgeinsurance maintained by the Company for your benefit, (ii) employee benefits under an plan or program maintained by the Company in which you participated and are vested in and due a benefit (excluding for the avoidance of doubt any severance benefits under any Company severance plan or policy), or further pursue any lawsuits, cases or complaints already brought, based on (iii) your employment by Lightbridgerights to enforce the terms of this Agreement. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition By agreeing to the consideration terms set forth in this letter agreementRelease, you understand and agree that you (1) have had at least twenty-one (21) days within which to consider this Release before signing this Release; (2) have carefully read and fully understand all of the provisions of this Release; (3) are, through this Release, releasing the Released Parties, from any and all claims, including but not limited, any right or claim you may have under the ADEA against one or any of them; (4) are knowingly and voluntarily agreeing to all of the terms set forth in this Release; (5) are knowingly and voluntarily intending to be legally bound by the provisions set forth herein; (6) were advised and hereby are advised in writing to consider the terms of this Release and consult with an attorney of your choice prior to agreeing to the terms set forth herein; (7) have been given a full seven (7) days following your signing of this Release to revoke it and have been and hereby are advised in writing that this Release shall not become effective or enforceable until the seven (7)-day revocation period has expired; (8) understand that rights and claims under the ADEA that may arise after the date this Release is signed by you are not being waived; and (9) acknowledge that the consideration given for this Release is in addition to anything of value to which you are already entitled.

Appears in 1 contract

Samples: Severance Agreement (Big Heart Pet Brands)

Release and Waiver. This letter agreement In exchange for the payments and the agreement referenced in paragraph 8 contain the entire agreement between benefits to you described above, you agree to release Gerber, its past, present and the Company (and supersede any prior communicationsfuture affiliates, written or oral) with respect to your employment by the Company and the termination of such employmentofficers, directors, employees, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of agents, from any and all causes of action claims or claims that demands, known or unknown, which you ever had, may have had, now have, or which your heirs, executors or administrators hereinafter shall have or may now havehave against Gerber, including but not limited to those which are related in any way related to your employment with Gerber or arising out the termination of that employment. You agree that you have executed this Agreement on your own behalf, and also on behalf of any heirs, agents, representatives, successors and assigns that you may have now or in connection with such employment and/or its termination or pursuant to any federalthe future. You also agree that this Release and Waiver covers, state or local employment lawsbut is not limited to, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), claims arising under: Title VII of the Civil Rights Act of 1964, and as amended; the Employee Retirement Income Security Act of 1974, as amended (also known as "ERISA"); the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act Act, as amended ("ADEA"); the Connecticut Fair Employment Practices Act; any other federal, state or local law dealing with discrimination on any basis, including sex, race, national origin, veteran status, marital status, religion, disability, sexual orientation, reservist status, or age; any other federal, state or local law or regulation or any common law governing the payment of 1967wages, commissions or any other form of compensation; any public policy, contract, tort, or common law; or any claim for costs, fees, or other expenses including attorneys' fees incurred in these matters. In consideration of Your Release and Waiver covers all complaints, claims, or demands based on any facts or events, whether known or unknown by you, that occurred on or before the pay date you sign this Agreement. This Release and benefits that Waiver does not apply to claims arising under any workers' compensation statute, except it does apply to claims for wrongful discharge or other discrimination in employment for exercising rights under such statute. Gerber also agrees to release you will receive under this letter agreement, you hereby release, waive and discharge from any and all such causes claims, demands, actions or liabilities it may have against you of action whatever kind, including but not limited to those that are related in any way to your employment with Gerber or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, termination of that employment up to the extent permitted by law, neither you nor any date of your heirs or personal representatives will ever assert in any forum any such cause the execution of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementAgreement.

Appears in 1 contract

Samples: Separation Agreement (Gerber Scientific Inc)

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge’s affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the “Releasees”), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys’ fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, §l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Letter Agreement (Lightbridge Inc)

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Release and Waiver. This letter agreement In consideration of the payments and benefits provided in Paragraph 2 above, you agree, except as may be necessary to enforce the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede provisions of this Agreement, not to make any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement claims of any kind against Cellu Tissue, before any agency, court of other forum and all causes of action to release Cellu Tissue, from any claim, known or claims that you have hadunknown, now have or may now have, arising in any way related from any actions taken by Cellu Tissue up to or arising out the date of or in connection with such employment and/or its termination or pursuant to the signing of this Agreement including, without limitation, any federalclaim for wrongful discharge, state or local employment laws, regulations, executive orders breach of contract or other requirementscommon law claims, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")or any claims arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990, the Occupational Safety and Health Act of 1970, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the Civil Rights Act of 1964, as amended, the Workers Adjustment and the Age Discrimination in Employment Retraining Notification Act of 1967. In consideration of 1988, the pay Connecticut Fair Employment Practices Act, or any other federal, state, or local statute or regulation dealing with discrimination on any bases, including sex, race, national origin, marital status, religion, disability, sexual orientation, or age, and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees fees, expenses or costs. This paragraph does not restrict your right to file a charge of discrimination with the EEOC or to assist the EEOC in any investigation, however, by executing this Agreement, you waive any right that you may have to receive of any monetary award resulting from any action brought against Cellu Tissue by the EEOC or any other agency, person or entity and costs) against you expressly waive any right to bring a lawsuit or other action in your name. THIS MEANS THAT, BY SIGNING THIS AGREEMENT, YOU WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO BRING A LAWSUIT OR MAKE ANY CLAIM OF ANY KIND WHATSOEVER AGAINST CELLU TISSUE, OR ITS PAST AND PRESENT, AFFILIATES, DIVISIONS, SUBDIVISIONS, TRUSTEES, OFFICIALS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, ATTORNEYS OR EMPLOYEES, PERSONALLY OR IN THEIR OFFICIAL CAPACITY, BASED ON ANY ACTION, EVENT OR CONDUCT OCCURRING PRIOR THE DATE OF YOUR SIGNING OF THIS AGREEMENT. Further, this Agreement shall inure to the Companybenefit of and be binding upon you, its parentyour heirs, subsidiary and affiliated organizationsadministrators, and their respective pastrepresentatives, present and future directors, officers, agents, employeesexecutors, successors and assigns, and you hereby agree that, shall inure to the extent permitted by lawbenefit of and be binding upon Cellu Tissue, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge it successors and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementassigns.

Appears in 1 contract

Samples: Cellu Tissue Holdings, Inc.

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge's affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the "Releasees"), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys' fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, ss.l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Lightbridge Inc

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge's affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the "Releasees"), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys' fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, Section l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT SUE LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EXXXOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Letter Agreement (Lightbridge Inc)

Release and Waiver. This letter agreement and In consideration for the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment promises made by the Company in the Retirement Agreement to which this Release is Attachment A, Xxxxxx X. Xxxx (the “Executive”), for the Executive and the termination of such employmentExecutive’s heirs, executors, administrators and any person or entity acting by, through, or under the Executive, hereby waives, releases, holds harmless and forever discharges Oshkosh Corporation, a Wisconsin corporation (the “Company”), and all of its affiliates, and its and their directors, officers, representatives, agents, employees, joint ventures, attorneys, successors and assigns and all persons or entities acting by, through, under or in concert with respect such affiliates, and its and their directors, officers, representatives, agents, employees, joint ventures, attorneys, benefit plans and plan administrators, successors and assigns (collectively and individually referred to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of as the “Released Parties”) from any and all liability, rights, claims, demands, damages, debts, dues, sums of money, accounts, attorneys’ fees, complaints, judgments, executions, actions or causes of action for relief or claims that you have hadremuneration of any kind whatsoever, now have whether known or unknown at this time, including, but not limited to, all matters in law, in equity, in contract, or in tort, which the Executive has or may now have, in have against the Released Parties or any way related to of them based upon or arising out of any matter whatsoever, which occurred at any time prior to the date of the Executive’s execution hereof (“Release Period End”), including but not limited to any rights, claims, complaints or in connection actions or causes of action which were or could have been asserted by the Executive arising out of or related to his employment by or affiliation with such Company or his retirement or termination of employment. Without limiting the generality of the foregoing, this Release applies to: (a) any claims related to the Executive’s employment with the Company and/or its termination retirement therefrom; (b) any claims for additional compensation, bonuses, or pursuant benefits under any benefit plan, policy or practice; (c) any claims for wrongful termination, defamation, invasion of privacy or any other common law claims; (d) any claims of discrimination, harassment or retaliation based on age, national origin, race, religion, sexual orientation, or physical or mental disability or medical condition unrelated to the ability to perform; and (e) any claims under any federal, state or local employment statutes, ordinances, rules, regulations or orders, including, but not limited to, any claim or cause of action based on any wage payment laws, regulationsthe Fair Labor Standards Act, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967. In consideration , the Americans with Disabilities Act, the Equal Pay Act, the Older Workers’ Benefit Protection Act, the Rehabilitation Act of 1973, the pay Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1985, the National Labor Relations Act, the Family and benefits that you will receive under this letter agreementMedical Leave Act, you hereby releasethe Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and any state Human Rights Act, waive and discharge any and all such causes as each of action them has been or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementmay be amended.

Appears in 1 contract

Samples: Retirement Agreement (Oshkosh Corp)

Release and Waiver. This letter agreement The Loan Parties each do hereby release the Term Administrative Agent and each of the agreement referenced Lenders and each of their officers, directors, employees, agents, attorneys, personal representatives, successors, predecessors and assigns from all manner of actions, cause and causes of action, suits, deaths, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands, whatsoever, in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written law or oral) with respect to your employment by the Company and the termination of such employmentin equity, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement particularly, without limiting the generality of any and all causes of action or claims that you have hadthe foregoing, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination the Amended Credit Agreement and the other Loan Documents and any agreements, documents and instruments relating to the Amended Credit Agreement and the other Loan Documents and the administration of the Amended Credit Agreement and the other Loan Documents, all indebtedness, obligations and liabilities of the Loan Parties to the Term Administrative Agent or pursuant any Lender and any agreements, documents and instruments relating to any federalthe Amended Credit Agreement and the other Loan Documents (collectively, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"the “Claims”), Title VII of which the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) Loan Parties now have against the CompanyTerm Administrative Agent or any Lender or ever had, its parentor which might be asserted by their heirs, subsidiary and affiliated organizationsexecutors, and their respective pastadministrators, present and future directors, officersrepresentatives, agents, employeessuccessors, successors and assigns, and you hereby agree that, or assigns based on any Claims which exist on or at any time prior to the extent permitted by law, neither you nor any date of your heirs or personal representatives will ever assert in any forum any such cause of action or claimthis Amendment. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further The Loan Parties expressly acknowledge and agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or they have been advised by counsel in connection with this Amendment and that they each understand that this Section 9 constitutes a general release of the Term Administrative Agent and the Lenders and that they each intend to be fully and legally bound by the same. The Loan Parties further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You expressly acknowledge and understand agree that this general release shall have full force and effect notwithstanding the consideration provided for in occurrence of a breach of the terms of this letter agreement constitutes a full, fair and complete payment for Amendment or an Event of Default or Default under the release and waiver of all of your possible claimsAmended Credit Agreement. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.[signature pages follow] 3 AmericasActive:14047748.3

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Release and Waiver. This letter agreement and Notwithstanding anything to the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employmentcontrary herein, and with respect in further consideration of the amendments to the Existing Agreement set forth herein, the Borrower hereby: (a) warrants, represents and acknowledges to the Agent and each of the Lenders as of the Closing Date that it has no existing credit, charge, defense, counterclaim, offset, cross-complaint, claim or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all matters pertaining thereto. This letter agreement shall be in complete or any part of its respective liability to pay the full indebtedness outstanding under the terms of the Existing Agreement or this Agreement and final settlement each of the Loan Documents and any other documents which evidence, guaranty or secure the Obligations; (b) releases and forever discharges the Agent, each Lender, and all of their respective officers, directors, employees, attorneys and agents from any and all actions, claims, causes of action action, debts, dues, claims, demands, liabilities and obligations of every kind and nature, both in law and in equity, known or unknown, whether matured or unmatured, absolute or contingent, including any usury claims that you have had, now have or may now have, in any way related to or arising arise out of any one or in connection with such employment and/or its termination more circumstances or pursuant events that occurred prior to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B the Closing Date; and ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge c) waives any and all such causes claims now or hereafter arising from or related to any delay by the Agent or any Lender in exercising any rights or remedies under the Existing Agreement, this Agreement or any of action the other Loan Documents, including, without limitation, any delay in foreclosing any Collateral securing any of the Obligations or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, Guarantors' Obligations. Without prejudice to the extent permitted by law, neither you nor any survival of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridgeagreement of the Borrower hereunder, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge the agreements and understand that obligations of the consideration provided for Borrower contained in this letter agreement constitutes a full, fair SECTION 13.18 shall survive the payment in full of the Loans and complete payment for all other amounts payable under this Agreement and each other Loan Document and the release and waiver occurrence of all of your possible claimsthe Facility Termination Date. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.[Signatures on following pages] S-114 <PAGE> 122

Appears in 1 contract

Samples: Credit Agreement

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