Common use of Assent and Release Clause in Contracts

Assent and Release. i. Executive agrees that Executive has entered into this Release on a purely voluntary basis, Executive understands it, and, in consideration for the provision of the payments and benefits described in Section 4 of the Severance Agreement, Executive further agrees to, and does hereby, release Company together with its respective present or former members, managers, officers, directors, employees, owners, parent companies, subsidiaries, affiliates, representatives, insurers, successors, assigns, counsel, shareholders and agents (each an “Employer Party”), from any and all claims, demands, actions, causes of actions, judgments, rights, fees, debts, obligations, lawsuits, damages and/or liabilities of any kind whatsoever, whether known or unknown, suspected or unsuspected, that Executive may have or has ever had against any Employer Party (collective, “Claims”) arising out of or in connection with Executive’s employment relationship with Employer and/or the conclusion of said relationship , including, but not limited to, any and all Claims relating to employment discrimination under federal, state or local laws, rules regulations or executive orders. The agreements set forth in this paragraph are effective as of the date which is eight (8) days after Executive signs the Release, provided this Release has not been revoked by Executive as of that time (the “Effective Date”). EXECUTION VERSION ‌ ii. Executive expressly acknowledges and agrees that, by entering into this Release, Executive is waiving any and all rights or Claims that Executive may have arising under the Age Discrimination in Employment Act of 1967, the Older Workers Benefits Protection Act of 1990, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 187, the Equal Pay Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Federal False Claims Act, the Employee Retirement Income Security Act (ERISA), the Worker Adjustment and Retraining Notification Act, the Colorado Anti-Discrimination Act, the Colorado Civil Rights Act, the Colorado Labor Peace Act, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released, and the common law of the State of Colorado, for compensation, damages, tort, breach of express or implied employment contract, breach of an express or implied covenant of good faith and fair dealing, discrimination, harassment, wrongful discharge, intentional infliction of emotional distress, invasion of privacy, attorneys’ fees, defamation or injuries incurred on the job or incurred as a result of loss of employment, or any other claim as of the date Executive executes this Agreement. The agreements set forth in this paragraph are effective upon the Effective Date. iii. Executive acknowledges that by signing this Release, Executive is releasing and waiving, among other things, Claims which Executive does not know or suspect to exist through the date of Executive’ execution of this Release, including Claims, which if known by Executive, might have affected Executive’s decision to enter into this Release. Executive is not waiving any rights to Claims that may arise after the date this Release is executed. iv. This Release shall not be construed to waive or release of Executive’s rights to indemnification (including advancement of expenses), benefits under this Agreement, vested compensation and benefits under Janus employee benefit plans applicable to Executive as of Executive’s last date of employment, nor shall this Release be construed to waive any rights Executive may have to apply for and collect unemployment benefits or any rights that cannot be waived by law. v. This Release shall not be construed to waive or release any coverage under insurance policies covering Company and any parent company, affiliate or subsidiary, for claims against company officers or employees of Company or any parent company, affiliate or subsidiary during Executive’s period of employment. vi. Executive agrees and acknowledges that Executive shall not be entitled to any monetary or equitable relief or remedies pursuant to any Claims referenced or released by this paragraph to the maximum extent permitted by applicable law. If Executive or an attorney acting on Executive’s behalf files any civil action in any court or files any charge or complaint with an arbitral tribunal or administrative agency, asserting any claims against Company or any Employer Party, and seeking personal relief or remedies for Executive, this Release may be used by the Company or Employer Party as a complete defense to Executive’ claims and any personal relief or remedies. Executive shall be obligated to pay all costs, expenses, and attorney fees incurred by Company or any Employer Party in defending against Executive’s claims in any such court action, arbitral tribunal or agency, and tender back any monies paid pursuant to this Release. Nothing in this Release shall prohibit either Party from bringing an action to enforce this Release or prohibit Executive from filing a timely charge or complaint with the EEOC or other similar federal or state administrative agencies or participating in any investigation or proceeding conducted by the EEOC or other similar federal or state administrative agencies, although by signing this Release Executive waives and relinquishes any right to personal recovery of any type or personal injunctive relief in connection with any such charge or complaint.

Assent and Release. i. Executive agrees You agree that Executive has you have entered into this Release Agreement on a purely voluntary basis, Executive understands you understand it, and, in consideration for the provision of the payments and benefits described in Section 4 of the Severance Agreementparagraph 2, Executive you further agrees agree to, and does do hereby, release Company Employer together with its respective present or former members, managers, officers, directors, employees, owners, parent companies, subsidiaries, affiliates, representatives, insurers, successors, assigns, counsel, Separation Agreement – ▇▇▇▇▇▇▇ ▇▇▇▇ shareholders and agents (each an “Employer Party”), from any and all claims, demands, actions, causes of actions, judgments, rights, fees, debts, obligations, lawsuits, damages and/or liabilities of any kind whatsoever, whether known or unknown, suspected or unsuspected, that Executive may have or has ever had against any Employer Party whatsoever (collective, “Claims”) arising out of or in connection with Executive’s employment relationship with Employer and/or the conclusion of said relationship , including, but not limited to, any and all Claims relating to claims of employment discrimination under federal, state or local laws, rules rules, regulations or executive orders) arising out of or in connection with your employment relationship with Employer and/or he conclusion of said relationship or otherwise. The agreements set forth in this paragraph are effective effective, and the Agreement itself is effective, as of the date which is eight (8) days after Executive signs the Releaseyou sign this Agreement, provided this Release Agreement has not been revoked by Executive you as of that time (the “Effective Date”). EXECUTION VERSION ‌. ii. Executive You expressly acknowledges acknowledge and agrees agree that, by entering into this ReleaseAgreement, Executive is you are waiving any and all rights or Claims claims that Executive you may have arising under the Age Discrimination in Employment Act of 1967, the Older Workers Benefits Protection Act of 1990, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, as amended, the Civil Rights Acts of 1866 and 1871871, as amended, the Equal Pay Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Federal False Claims Act, the Employee Retirement Income Security Act (ERISA), the Worker Adjustment and Retraining Notification Act, the Colorado Anti-Discrimination Act, the Colorado Civil Rights Act, the Colorado Labor Peace Act, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released, and the common law of the State of Colorado, for compensation, damages, tort, breach of express or implied employment contract, breach of an express or implied covenant of good faith and fair dealing, discrimination, harassment, wrongful discharge, intentional infliction of emotional distress, invasion of privacy, attorneys’ fees, defamation or injuries incurred on the job or incurred as a result of loss of employment, or any other claim as of the date Executive executes you execute this Agreement. The agreements set forth in this paragraph are effective upon the Effective Date. iii. Executive acknowledges that You acknowledge that, by signing this ReleaseAgreement, Executive is you are releasing and waiving, among other things, Claims claims which Executive does you do not know or suspect to exist through the date of Executive’ your execution of this ReleaseAgreement, including Claimsclaims, which if known by Executiveyou, might have affected Executive’s your decision to enter into this ReleaseAgreement. Executive is You are not waiving any rights to Claims claims that may arise after the date this Release Agreement is executed. iv. This Release Agreement shall not be construed to waive or release of Executiveyour rights under Employer’s rights to indemnification (including advancement of expenses), benefits under this Agreement, vested compensation and benefits under Janus employee benefit plans applicable to Executive you as of Executive’s last date of employmentthe Termination Date, nor shall this Agreement and Release be construed to waive any rights Executive you may have to apply for and collect unemployment benefits or any rights that cannot be waived by lawbenefits. v. This Release Agreement shall not be construed to waive or release any coverage under insurance policies covering Company Employer and any parent company, affiliate or subsidiarysubsidiary of Employer, for claims against company officers or employees of Company or Employer and any parent company, affiliate or subsidiary of Employer during Executive’s your period of employment. Your coverage under these insurance policies will Separation Agreement – ▇▇▇▇▇▇▇ ▇▇▇▇ extend to any future claims relating to your employment prior to your Termination Date. vi. Executive agrees You agree and acknowledges acknowledge that Executive shall you will not be entitled to any monetary or equitable relief or remedies pursuant to any Claims claims referenced or released by this paragraph to the maximum extent permitted by applicable law8. If Executive you or an attorney acting on Executive’s your behalf files any civil action in any court or files any charge or complaint with an arbitral tribunal or administrative agency, asserting any claims against Company Employer or any Employer Party, and seeking personal relief or remedies for Executiveyou, this Release Agreement may be used by the Company Employer or any Employer Party as a complete defense to Executive’ your claims and any the personal relief or remedies. Executive You shall be obligated to pay all costs, expenses, and attorney fees incurred by Company Employer or any Employer Party in defending against Executive’s your claims in any such court action, arbitral tribunal action or agency, and tender back any monies paid pursuant to this ReleaseAgreement. Nothing in this Release Agreement shall prohibit either Party from bringing an action to enforce this Release Agreement or prohibit Executive you from filing a timely charge or complaint with the EEOC or other similar federal or state administrative agencies U.S. Equal Employment Opportunity Commission (“EEOC”) or participating in any investigation or proceeding conducted by the EEOC or other similar federal or state administrative agenciesEEOC, although by signing this Release Executive waives Agreement you waive and relinquishes relinquish any right to personal recovery of any type or personal injunctive relief in connection with any such charge or complaint.

Assent and Release. i. Executive agrees You agree that Executive has you have entered into this Release Agreement on a purely voluntary basis, Executive understands you understand it, and, in consideration for the provision of the payments and benefits described in Section 4 of the Severance Agreementparagraph 2, Executive you further agrees agree to, and does do hereby, release Company Employer together with its respective present or former members, managers, officers, directors, employees, owners, parent companies, subsidiaries, affiliates, representatives, insurers, successors, assigns, counsel, shareholders and agents (each an “Employer Party”), from any and all claims, demands, actions, causes of actions, judgments, rights, fees, debts, obligations, lawsuits, damages and/or liabilities whatsoever (including, but not limited to, claims of any kind whatsoeveremployment discrimination under federal, whether known state or unknownlocal laws, suspected rules, regulations or unsuspected, that Executive may have or has ever had against any Employer Party (collective, “Claims”executive orders) arising out of or in connection with Executive’s your employment relationship with Employer and/or the conclusion of said relationship , including, but not limited to, any and all Claims relating to employment discrimination under federal, state or local laws, rules regulations or executive ordersotherwise. The agreements set forth in this paragraph are effective effective, and the Agreement itself is effective, as of the date which is eight (8) days after Executive signs the Releaseyou sign this Agreement, provided this Release Agreement has not been revoked by Executive you as of that time (the “Effective Date”). EXECUTION VERSION ‌. ii. Executive You expressly acknowledges acknowledge and agrees agree that, by entering into this ReleaseAgreement, Executive is you are waiving any and all rights or Claims claims that Executive you may have arising under the Age Discrimination in Employment Act of 1967, the Older Workers Benefits Protection Act of 1990, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, as amended, the Civil Rights Acts of 1866 and 1871871, as amended, the Equal Pay Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Federal False Claims Act, the Employee Retirement Income Security Act (ERISA), the Worker Adjustment and Retraining Notification Act, the Colorado Anti-Discrimination Act, the Colorado Civil Rights Act, the Colorado Labor Peace Act, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released, and the common law of the State of Colorado, for compensation, damages, tort, breach of express or implied employment contract, breach of an express or implied covenant of good faith and fair dealing, discrimination, harassment, wrongful discharge, intentional infliction of emotional distress, invasion of privacy, attorneys’ fees, defamation or injuries incurred on the job or incurred as a result of loss of employment, or any other claim as of the date Executive executes you execute this Agreement. The agreements set forth in this paragraph are effective upon the Effective Date. iii. Executive acknowledges that You acknowledge that, by signing this ReleaseAgreement, Executive is you are releasing and waiving, among other things, Claims claims which Executive does you do not know or suspect to exist through the date of Executive’ your execution of this ReleaseAgreement, including Claimsclaims, which if known by Executiveyou, might have affected Executive’s your decision to enter into this ReleaseAgreement. Executive is You are not waiving any rights to Claims claims that may arise after the date this Release Agreement is executed, including the right to enforce this Agreement. iv. This Release Agreement shall not be construed to waive or release of Executiveyour rights under Employer’s rights to indemnification (including advancement of expenses), benefits under this Agreement, vested compensation and benefits under Janus employee benefit plans applicable to Executive you as of Executive’s last date of employmentthe Termination Date, nor shall this Agreement and Release be construed to waive any rights Executive you may have to apply for and collect unemployment benefits or any rights that cannot be waived by lawbenefits. v. This Release Agreement shall not be construed to waive or release any coverage under insurance policies covering Company Employer and any parent company, affiliate or subsidiarysubsidiary of Employer, for claims against company officers or employees of Company or Employer and any parent company, affiliate or subsidiary of Employer during Executive’s your period of employment. Your coverage under these insurance policies will extend to any future claims relating to your employment prior to your Termination Date. vi. Executive agrees You agree and acknowledges acknowledge that Executive shall you will not be entitled to any monetary or equitable relief or remedies pursuant to any Claims claims referenced or released by this paragraph to the maximum extent permitted by applicable law8. If Executive you or an attorney acting on Executive’s your behalf files any civil action in any court or files any charge or complaint with an arbitral tribunal or administrative agency, asserting any claims against Company Employer or any Employer Party, and seeking personal relief or remedies for Executiveyou, this Release Agreement may be used by the Company Employer or any Employer Party as a complete defense to Executive’ your claims and any the personal relief or remedies. Executive You shall be obligated to pay all costs, expenses, and attorney fees incurred by Company Employer or any Employer Party in defending against Executive’s your claims in any such court action, arbitral tribunal action or agency, and tender back any monies paid pursuant to this ReleaseAgreement. Nothing in this Release Agreement shall prohibit either Party from bringing an action to enforce this Release Agreement or prohibit Executive you from filing a timely charge or complaint with the EEOC or other similar federal or state administrative agencies U.S. Equal Employment Opportunity Commission (“EEOC”), and to do so without Employer’s consent, or participating in any investigation or proceeding conducted by the EEOC or other similar federal or state administrative agenciesEEOC, although by signing this Release Executive waives Agreement you waive and relinquishes relinquish any right to personal recovery of any type or personal injunctive relief in connection with any such charge or complaint.

Assent and Release. i. Executive agrees that Executive has entered into this Release on a purely voluntary basis, Executive understands it, and, in consideration for the provision of the payments and benefits described in Section 4 9 of the Severance Employment Agreement, Executive further agrees to, and does hereby, release Company together with its respective present or former members, managers, officers, directors, employees, owners, parent companies, subsidiaries, affiliates, representatives, insurers, successors, assigns, counsel, shareholders and agents (each an “Employer Party”), from any and all claims, demands, actions, causes of actions, judgments, rights, fees, debts, obligations, lawsuits, damages and/or liabilities of any kind whatsoever, whether known or unknown, suspected or unsuspected, that Executive may have or has ever had against any Employer Party (collective, “Claims”) arising from the beginning of time through the date upon which Executive signs this Release, including, but not limited to, (1) any and all Claims arising out of or in connection with Executive’s employment relationship with any Employer Party and/or the conclusion of said relationship , including, but not limited to, and (2) any and all Claims relating to employment discrimination under federal, state or local laws, rules regulations or executive ordersorders or in connection with any matters, rights, or Claims as described in Section 2(a)(ii) below. The agreements set forth in this paragraph are effective as of the date which is eight (8) days after Executive signs the Release, provided this Release has not been revoked by Executive as of that time (the “Effective Date”). EXECUTION VERSION ‌. ii. Executive expressly acknowledges and agrees that, by entering into this Release, Executive is waiving any and all rights or Claims that Executive may have arising under any federal, local or state statute, rule, ordinance, regulation, or common law, including without limitation the Age Discrimination in Employment Act of 1967, the Older Workers Benefits Protection Act of 1990, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 187, the Equal Pay Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Federal False Claims Act, the Fair Credit Reporting Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the Employee Retirement Income Security Act (ERISA), the Worker Adjustment and Retraining Notification Act, the Colorado Anti-Discrimination Act, the Colorado Civil Rights Act, the Colorado Labor Peace Act, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released, and the common law of the State of ColoradoColorado or any other jurisdiction, for compensation, damages, tort, breach of express or implied employment contractcontract or other agreement, policy, understanding or promise (written or oral), breach of an express or implied covenant of good faith and fair dealing, discrimination, harassment, wrongful discharge, intentional infliction of emotional distress, invasion of privacy, attorneys’ fees, defamation or injuries incurred on the job or incurred as a result of loss of employment, or any other claim as of the date Executive executes this Agreement. The agreements set forth in this paragraph are effective upon the Effective Date. iii. Executive acknowledges that by signing this Release, Executive is releasing and waiving, among other things, Claims which Executive does not know or suspect to exist through the date of Executive’ execution of this Release, including Claims, which if known by Executive, might have affected Executive’s decision to enter into this Release. Executive is not waiving any rights to Claims that may arise after the date this Release is executed. iv. This Release shall not be construed to waive or release of Executive’s rights to indemnification (including advancement of expenses), benefits under this Agreement, vested compensation and benefits under Janus employee qualified retirement and welfare benefit plans applicable to Executive as of Executive’s last date of employment, nor shall this Release be construed to waive any rights Executive may have to apply for and collect unemployment benefits benefits, to engage or participate in any permitted disclosures or protected activities as described in Section 10(e) of the Employment Agreement to which this Release is attached, or any rights that cannot be waived by law. v. This Release shall not be construed to waive or release any coverage under insurance policies covering Company and any parent company, affiliate or subsidiary, for claims against company officers or employees of Company or any parent company, affiliate or subsidiary during Executive’s period of employment. vi. Executive agrees and acknowledges that Executive shall not be entitled to any monetary or equitable relief or remedies pursuant to any Claims referenced or released by this paragraph to the maximum extent permitted by applicable law. If Executive or an attorney acting on Executive’s behalf files any civil action in any court or files any charge or complaint with an arbitral tribunal or administrative agency, asserting any claims against Company or any Employer Party, and seeking personal relief or remedies for Executive, this Release may be used by the Company or Employer Party as a complete defense to Executive’ claims and any personal relief or remedies. Executive shall be obligated to pay all costs, expenses, and attorney fees incurred by Company or any Employer Party in defending against Executive’s claims in any such court action, arbitral tribunal or agency, and tender back any monies paid pursuant to this Release. Nothing in this Release shall prohibit Executive from exercising any rights under Section 10(e) of the Employment Agreement or prohibit either Party from bringing an action to enforce this Release or prohibit Executive from filing a timely charge or complaint with the EEOC or other similar federal or state administrative agencies or participating in any investigation or proceeding conducted by the EEOC or other similar federal or state administrative agencies, although by signing this Release Release, Executive waives and relinquishes any right to personal recovery of any type or personal injunctive relief in connection with any such charge or complaintcomplaint to the fullest extent permitted by law.