Common use of Complete Release Clause in Contracts

Complete Release. Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated with the Company, any Company benefit plans and the employees, administrators, fiduciaries, agents, officers and directors of any of them, and any predecessors, successors or assigns (“Released Parties”), from all claims or demands Employee may have arising out of or relating to /s/ TW (Initial) Employee's employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Act of 1974 or any other federal, state or local laws, regulations or orders. This release also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing the terms of this Agreement. This release does not include a release of any pension or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plans.

Appears in 1 contract

Samples: Early Retirement Agreement (Vectrus, Inc.)

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Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee understands that all or part of his/her job duties may be assigned hereby releases, covenants not to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release sue xxx forever discharges the Company, any company that is or was directly or indirectly the parent or its past and present affiliate and subsidiary ofcompanies, related to or affiliated with the Companyits and their past and present directors, any Company officers, employees and agents and benefit plans programs (and the employeestrustees, administrators, fiduciariesfiduciaries and insurers of such programs) and any other persons acting by, agentsthrough, officers and directors of under or in concert with any of them, and any predecessors, successors the persons or assigns (“Released Parties”)entities listed above, from any and all claims or demands rights Employee may have arising out of (or relating to /s/ TW (Initial) which may arise before this Agreement becomes effective), including, but not limited to, claims based on Employee's employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any claims or rights or claims Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibits prohibit discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay ActThe Americans With Disabilities Act of 1990, which prohibits paying men and women unequal pay for equal workdiscrimination against the disabled; the Employee Retirement Income Security Act of 1974 or any and all other federal, state or local laws, laws or regulations or ordersordinances prohibiting employment discrimination. This release Employee also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This release Agreement covers both claims that Employee knows about and those he/she Employee may not know about, but does not release any claims which arise after this Agreement becomes effective. This releaseEmployee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, does not preclude Employee from enforcing his right to any monetary recovery or relief should the terms of this Agreement. This release does not include a release of any pension EEOC or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plansagency pursue any claims on his behalf.

Appears in 1 contract

Samples: Settlement and Release Agreement (Union Pacific Resources Group Inc)

Complete Release. In exchange for the consideration set forth herein, Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyhereby knowingly and voluntarily releases and forever discharges NII and any related companies, any company that is or was directly or indirectly the parent or subsidiary ofincluding, related to or affiliated with the Companywithout limitation, any Company benefit plans their affiliates, former and the current employees, administrators, fiduciariesofficers, agents, officers directors, shareholders, investors, attorneys, successors and directors of assigns or any of them, and any predecessors, successors or assigns them (the “Released Parties”), ) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands Employee may have arising out of based upon or relating to /s/ TW (Initial) Employee's ’s employment with the Company NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Age Discrimination in Employment Act of 1974 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws, laws or regulations or ordersprohibiting employment discrimination. This release also includes, includes but is not limited to, to a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge, breach of contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those he/she that Employee may not know about. This releaseNotwithstanding the foregoing, however, does not preclude Employee from enforcing the terms of neither party is releasing any right to enforce this Agreement. This release , and Employee is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any pension claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (4) any claims solely relating the validity of this general release under the ADEA, as amended; (5) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Act, the Securities and Exchange Commission or any other benefits federal, state or local governmental agency or commission (“Government Agencies”); or (6) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agencies. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on which any third party or governmental entity could assert such a claim. Employee further represents and warrants that he/she has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he/she has been paid all compensation due and owing from NII as a result of Employee’s work, that he/she has received all rights to which Employee may be eligible is entitled under the terms of applicable Company benefit plansFamily and Medical Leave Act, and that he/she is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.

Appears in 1 contract

Samples: Executive Officer Separation and Release Agreement (Nii Holdings Inc)

Complete Release. Employee understands states clearly and without any reservation that all or part of his/her job duties may be assigned entering into this Retirement Incentive Agreement is done voluntarily and for the purpose of taking advantage of the Retirement Incentive Program offered by the College. Employee further acknowledges that no person, organization, employee, officer, or agent of the College has suggested or otherwise attempted to another person cause, force, or persons who are less than forty years old or younger than coerce the Employee to involuntarily take advantage of the Retirement Incentive Program and to terminate the Employee's employment with the College. Employee agrees to release the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated with the Company, any Company benefit plans College and the employees, administrators, fiduciaries, agents, officers employees and directors of any of them, and any predecessors, successors or assigns (“Released Parties”), trustees from all claims or demands Employee may have arising out of or relating to /s/ TW (Initial) based on Employee's employment with the Company College or the termination of that employment. This includes, but is not limited to, a release of any rights right or claims Employee may have under the Age Discrimination in Employment Act Act, or The Older Workers Benefit Protection Act, both of 1967, which prohibits prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Act of 1974 or any other federal, state or local laws, laws or regulations or ordersprohibiting employment discrimination. This release also includes, but is not limited to, includes a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This releaseIf an interpretation by the EEOC (Equal Employment Opportunity Commission) or a court of law determines, however, does not preclude Employee from enforcing subsequent to the terms effective date of this Agreement, that the Employee had or may have had (prior to the date of this agreement) rights greater or different than those provided through the employment relationship or this retirement incentive agreement such claims are forever waived by the Employee. This release does not include include, however, a release of any pension Employee's right, if any, to pension, retiree health or any other similar benefits for which Employee may be eligible under the terms of applicable Company benefit plansCollege's standard retirement program.

Appears in 1 contract

Samples: Retirement Incentive Program Application and Agreement

Complete Release. In exchange for the consideration set forth herein, Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyhereby knowingly and voluntarily releases and forever discharges NII and any related companies, any company that is or was directly or indirectly the parent or subsidiary ofincluding, related to or affiliated with the Companywithout limitation, any Company benefit plans their affiliates, former and the current employees, administrators, fiduciariesofficers, agents, officers directors, shareholders, investors, attorneys, successors and directors of assigns or any of them, and any predecessors, successors or assigns them (the “Released Parties”), ) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands Employee may have arising out of based upon or relating to /s/ TW (Initial) Employee's ’s employment with the Company NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Age Discrimination in Employment Act of 1974 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws, laws or regulations or ordersprohibiting employment discrimination. This release also includes, includes but is not limited to, to a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge, breach of contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those he/she that Employee may not know about. This releaseNotwithstanding the foregoing, however, does not preclude Employee from enforcing the terms of neither party is releasing any right to enforce this Agreement. This release , and Employee is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any pension claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (4) any claims solely relating the validity of this general release under the ADEA, as amended; (5) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (6) any rights to indemnification pursuant to NII’s or any other benefits successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for which money damages. Employee may be eligible under the terms of applicable Company benefit planshereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.

Appears in 1 contract

Samples: Separation and Release Agreement (Nii Holdings Inc)

Complete Release. In exchange for the consideration set forth herein, Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyhereby knowingly and voluntarily releases and forever discharges NII and any related companies, any company that is or was directly or indirectly the parent or subsidiary ofincluding, related to or affiliated with the Companywithout limitation, any Company benefit plans their affiliates, former and the current employees, administrators, fiduciariesofficers, agents, officers directors, shareholders, investors, attorneys, successors and directors of assigns or any of them, and any predecessors, successors or assigns them (the “Released Parties”), ) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands Employee may have arising out of based upon or relating to /s/ TW (Initial) Employee's ’s employment with the Company NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Age Discrimination in Employment Act of 1974 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws, laws or regulations or ordersprohibiting employment discrimination. This release also includes, includes but is not limited to, to a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful dischargedischarge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those he/she that Employee may not know about. This releaseNotwithstanding the foregoing, however, does not preclude Employee from enforcing the terms of neither party is releasing any right to enforce this Agreement. This release , and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any pension claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any other benefits successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for which money damages. Employee may be eligible under the terms of applicable Company benefit planshereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.

Appears in 1 contract

Samples: Separation and Release Agreement (Nii Holdings Inc)

Complete Release. Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to I unconditionally and irrevocably release the Company, any company that is or was directly or indirectly the parent or subsidiary ofits current and former parents, related to or affiliated with the Company, any Company benefit plans and the employees, administrators, fiduciaries, agents, officers and directors of any of themsubsidiaries, and any predecessorsaffiliates, successors and their current or assigns former employees or agents and related parties (“Released Parties”), "Releasees") from all claims known or demands Employee may unknown claims, if any, that I presently could have for any event that has occurred prior to my signing this Agreement arising out of or relating to /s/ TW (Initial) Employee's my employment with the Company or the termination of that my separation from employment. This includes, but is I understand that this means that I am releasing the Releasees and may not limited to, a release of any rights or bring claims Employee may have against them under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; (a) Title VII of the Civil Rights Act of 19641964 or Sections 1981 and 1983 of the Civil Rights Act of 1866, which prohibits prohibit discrimination in employment based on race, color, national origin, religion ancestry, religion, or sex; (b) the Age Discrimination in Employment Act, which prohibits discrimination based on age; (c) the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; (d) the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; (e) the WARN Act, which requires that advance notice be given of certain workforce reductions; (f) the Employee Retirement Income Security Act, which among other things, protects employee benefits; (g) the Fair Labor Standards Act of 1974 1938, which regulates wage and hour matters; (h) the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; (i) the Xxxxxxxx-Xxxxx Act of 2002, which, among other things, provides Whistleblower protection; (j) any of the state laws listed in Attachment A to this Agreement, which is incorporated into this Agreement by reference; or (k) any other federallaw prohibiting retaliation based on exercise of my rights under any law, state providing whistleblowers protection, providing workers' compensation benefits, protecting union activity, mandating leaves of absence, prohibiting discrimination based on veteran status or local lawsmilitary service, regulations restricting an employer's right to terminate employees or ordersotherwise regulating employment, enforcing express or implied employment contracts, requiring an employer to deal with employees fairly or in good faith, providing recourse for alleged wrongful discharge, tort, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, and similar or related claims, and any other law relating to salary, commission, compensation, benefits, and other matters. This release also includesI specifically represent that I have not been treated adversely on account of age, but is not limited to, nor have I otherwise been treated wrongfully in connection with my employment with the Company or my separation from employment and that I have no basis for a release by Employee of claim under the Age Discrimination in Employment Act. I specifically waive any contractual or tort claims or other claims arising right I may have to receive benefits under common law including, but not limited to, any Company severance plan. I acknowledge that the Company relied on the representations and promises in this Agreement in agreeing to pay me the benefits described in subsection (a). I understand that I am releasing claims for wrongful discharge. This release covers both claims events that Employee knows about and those he/she have occurred prior to my signing this Agreement that I may not know about. This release, however, does not preclude Employee from enforcing the terms of this Agreement. This release does not include a release of any pension claims arising after the date I sign this Agreement, or any other benefits pending claims for which Employee may be eligible under the terms of applicable Company benefit plansworkers compensation that have already been filed or for on-the-job injuries that have already been reported.

Appears in 1 contract

Samples: Separation Agreement and Release (Charter Communications Inc /Mo/)

Complete Release. Employee understands that Executive hereby fully releases SecureWorks and all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyits owners, any company that is or was directly or indirectly the parent or subsidiary ofpartners, related to or affiliated with the Companyshareholders, any Company benefit plans and the employeespredecessors, administratorssuccessors, fiduciariesassigns, agents, officers and directors of any of themdirectors, officers, employees, representatives, attorneys, subsidiaries, joint ventures, and any predecessorsaffiliates (and agents, successors or assigns directors, officers, employees, representatives, and attorneys of such subsidiaries and affiliates) (collectively, “Released Parties”), from any and all known or unknown claims or demands Employee Executive may have against any of them. Executive expressly waives any and all claims, whether asserted on an individual or class action basis, against the Released Parties, including but not limited to all claims arising out of any contract, express or implied, and whether executory or not, any covenant of good faith and fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence by the Released Parties and claims of express or implied defamation by the Released Parties), and any federal, state, or other governmental statute, regulation, or ordinance, including, without limitation, those relating to /s/ TW (Initial) Employee's qui tam, employment with the Company or the discrimination, termination of that employment. This includes, but is not limited topayment of wages or provision of benefits, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on raceas amended, colorthe Civil Rights Act of 1991, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men and women unequal pay for equal work; the Genetic Information Nondiscrimination Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Executive further releases any and all claims that Executive may have under state law and any other claim under federal law. Executive represents that Executive has not assigned to any other person any of 1974 such claims and that Executive has the full right to grant this release. Notwithstanding any other provision herein, SecureWorks and Executive agree that Executive is not waiving any claims that may arise in the future under the Age Discrimination in Employment Act or any other federalclaim for benefits under the SecureWorks Inc. 401(k) Plan, state the Comprehensive Welfare Benefits Plan, or local lawsthe SecureWorks Inc. Retiree Medical Plan. Notwithstanding the foregoing, regulations or orders. This this release also includesdoes not include and will not preclude: (a) rights to vested benefits under any applicable retirement and/or pension and/or deferred compensation plans; (b) rights under applicable equity plans and agreements; (c) claims for unemployment compensation (which SecureWorks will not contest); (d) rights to defense, but is not limited toindemnification, a release and contribution, if any, from SecureWorks for actions taken by Employee Executive in the course and scope of any contractual or tort claims or other claims Executive’s employment with SecureWorks; and/or (e) rights arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing or to enforce the terms of this Agreement or the Separation Agreement. This release does not include a release of any pension or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plans.

Appears in 1 contract

Samples: Separation Agreement and Release (SecureWorks Corp)

Complete Release. Employee understands that Executive hereby fully releases Dell and all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyits owners, any company that is or was directly or indirectly the parent or subsidiary ofpartners, related to or affiliated with the Companyshareholders, any Company benefit plans and the employeespredecessors, administratorssuccessors, fiduciariesassigns, agents, officers directors, officers, employees, representatives, attorneys, subsidiaries, joint ventures, and directors affiliates (and agents, directors, officers, employees, representatives, and attorneys of such subsidiaries and affiliates) (collectively, "Released Parties"), from any and all known or unknown claims or demands he may have against any of them. Executive expressly waives any and all claims, whether asserted on an individual or class action basis, against the Released Parties including but not limited to all claims arising out of any contract, express or implied, and whether executory or not, any covenant of good faith and fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence by the Released Parties and claims of express or implied defamation by the Released Parties), and any predecessorsfederal, successors state, or assigns (“Released Parties”)other governmental statute, from all claims regulation, or demands Employee may have arising out of or ordinance, including, without limitation, those relating to /s/ TW (Initial) Employee's qui tam, employment with the Company or the discrimination, termination of that employment. This includes, but is not limited topayment of wages or provision of benefits, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, color, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men and women unequal pay for equal work; the Genetic Information Nondiscrimination Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act of 1974 or (“OWBPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Executive further releases any and all claims that he may have under State law and any other federalclaim under Federal law. Executive represents that he has not assigned to any other person any of such claims and that he has the full right to grant this release. Nothing in this Agreement, including the Limit on Disclosures or Release of Claims, restricts or prohibits Executive from communicating with, providing testimony before, providing confidential information to, or filing or cooperating in a claim or investigation directly with a self-regulatory authority or government agency or entity (without the need to seek Dell’s prior approval), including the U.S. Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General (collectively, the “Regulators”), or from making other disclosures that are protected under the whistleblower provisions of state or local lawsfederal law or regulation or receiving an award from any Regulator that provides awards for providing information. However, regulations or ordersto the maximum extent permitted by law, Executive is waiving Executive’s right to receive any individual monetary relief from the Released Parties resulting from such claims. This release also includesNotwithstanding any other provision herein, but Dell and Executive agree that Executive is not limited towaiving: (a) any claims that may arise in the future under the Age Discrimination in Employment Act; (b) any claim for benefits under any 401(k) retirement plan or employee health plan sponsored by Dell, a release by Employee of any contractual EMC Corp. or tort claims or other claims arising under common law including, but not limited to, their affiliates; (c) any claims for wrongful discharge. This release covers both base pay in connection with Executive’s continued employment through the Separation Date; (d) any claims that Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing to the vested portions of any equity plans in which the Executive is a participant; (e) any claims to enforce the terms of this Agreement. This release does not include a release of ; (f) any pension rights to indemnification which Executive may have against Dell; or (g) any other benefits for which Employee may be eligible claims not waivable under the terms of applicable Company benefit planslaw.

Appears in 1 contract

Samples: Separation Agreement and Release (Dell Technologies Inc)

Complete Release. In exchange for the consideration set forth herein, Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyhereby knowingly and voluntarily releases and forever discharges NII and any related companies, any company that is or was directly or indirectly the parent or subsidiary ofincluding, related to or affiliated with the Companywithout limitation, any Company benefit plans their affiliates, former and the current employees, administrators, fiduciariesofficers, agents, officers directors, shareholders, investors, attorneys, successors and directors of assigns or any of them, and any predecessors, successors or assigns them (the “Released Parties”), ) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands Employee may have arising out of based upon or relating to /s/ TW (Initial) Employee's ’s employment with NII, for or by reason of any cause, matter, thing, occurrence, or event whatsoever from the Company or date of Employee’s birth to the termination of date that employmentEmployee has signed this Agreement. This includes, includes but is not limited to, to a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Age Discrimination in Employment Act of 1974 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws, laws or regulations or ordersprohibiting employment discrimination. This release also includes, includes but is not limited to, to a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge, breach of contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those he/she that Employee may not know about. This releaseNotwithstanding the foregoing, howeverneither party is releasing any right to enforce this Agreement, does and Employee is not preclude releasing any future claims arising after Employee from enforcing the terms of signs this Agreement. This release Further, Employee is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any pension claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (4) any claims solely relating to the validity of this general release under the ADEA, as amended; (5) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Act, the Securities and Exchange Commission or any other benefits federal, state or local governmental agency or commission (“Government Agencies”); or (6) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such released claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Nothing contained in this Agreement shall limit or restrict the Employee’s ability or right to report securities law violations to the Securities and Exchange Commission and other federal agencies without NII’s prior approval and without having to forfeit any resulting whistleblower award, if applicable. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on which any third party or governmental entity could assert such a claim. Employee further represents and warrants that he has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he has been paid all compensation due and owing from NII as a result of Employee’s work, that he has received all rights to which Employee may be eligible is entitled under the terms of applicable Company benefit plansFamily and Medical Leave Act, and that he is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.

Appears in 1 contract

Samples: Retention and Severance Agreement (Nii Holdings Inc)

Complete Release. This release shall be effective on Employee’s Termination Date. Employee understands that all or part of his/her his job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated with the Company, any Company benefit plans and the employees, administrators, fiduciaries, agents, officers and directors of any of them, and any predecessors, successors or assigns (“Released Parties”)assigns, from all claims or demands Employee may have arising out of or relating to /s/ TW (Initial) Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Family Medical Leave Act; the Americans with Disabilities Act, which prohibits discrimination based upon disability; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act of 1974 or any other federal, state or local laws, regulations or orders. This release also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she he may not know aboutabout but does not release future claims pursuant to Xxxxxxxxx 0, Xxx-Xxxxxxx of Future Claims. This release, however, does not preclude Employee from enforcing the terms of this Agreement. This Nor does this release does not include a release of any pension benefits, workers’ compensation benefits or any other benefits vested benefit for which Employee may be eligible under the terms of applicable Company benefit plans. Employee agrees and intends that the foregoing release shall be construed in the broadest sense possible and shall be effective as a prohibition to all claims, charges, actions, suits, demands, obligations, damages, injuries, liabilities, losses, and causes of action of every character, nature, kind or description, known or unknown, and suspected or unsuspected that Employee may have against the Company and its agents, successors, assignees and representatives but does not release future claims pursuant to Xxxxxxxxx 0, Xxx-Xxxxxxx of Future Claims.

Appears in 1 contract

Samples: Separation Agreement (Exelis Inc.)

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Complete Release. Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. In exchange for the Separation Settlement Payment described in Section 1, Employee agrees to release (hereinafter "Complete Release") the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated with the Company, any Company benefit plans following persons and the employees, administrators, fiduciaries, agents, officers and directors of any of them, and any predecessors, successors or assigns (“Released Parties”), entities from all claims or demands rights Employee may have arising out of (or relating to /s/ TW (Initialwhich may arise before this Agreement becomes effective) based on the Employee's employment with the Company or the termination of that employment: the Company, all related companies, and with respect to each such entity, all of its past or present employees, directors, agents, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above. This includes, but is not limited to, a release of any claims or rights or claims Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended and the Civil Rights Act of 1991, which prohibits prohibit discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay ActThe Americans With Disabilities Act of 1990, as amended, which prohibits paying men and women unequal pay for equal workdiscrimination against the disabled; the Employee Retirement Income Security Act of 1974 or any and all other federal, state or state, local laws, regulations or ordersordinances prohibiting employment discrimination. This release Employee also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This release Complete Release covers both claims that the Employee knows about and those he/she he may not know about, but does not release any claims which arise after this Complete Release becomes effective. This releaseEmployee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Section. Further, the Employee agrees not to pursue any charges or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to the claims that are released in this Section. Excluded from this Complete Release are claims which cannot be waived by law, including, but limited to the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, does not preclude Employee from enforcing any right to any monetary recovery or relief should the terms of this Agreement. This release does not include a release of any pension EEOC or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plansagency pursue any claims on his behalf.

Appears in 1 contract

Samples: Separation Settlement and Complete Release Agreement (Quicksilver Resources Inc)

Complete Release. Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release In consideration for the Severance Payment, Xxxx hereby releases the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated together with the Company, any Company benefit plans and the employees, administrators, fiduciariespartners, agents, officers directors, officers, contractors, insurers and directors attorneys of any of them, (the “Releasees”) from any and any predecessors, successors or assigns (“Released Parties”), from all claims or demands Employee demands, whether known or unknown, and whether asserted on an individual or class basis, which Xxxx has, may have, or may claim to have arising out against any of or relating to /s/ TW (Initial) Employee's employment with the Company or the termination of that employmentthem. This includes, complete release of all claims includes but is not limited to, to a complete release of any rights claims (including claims for attorneys’ fees) Xxxx has, may have, or may claim to have based on Hoak’s employment with Company or separation from that employment, as well as any claims arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, housing costs, costs relating to relocation and the purchase or sale of housing, Title VII of the Civil Rights Act of 1964 as amended, the Civil Rights Act of 1991, the Americans with Disabilities June 15, 2016 PAGE 4 of 9 INITIALS: /s/MM /s/JH Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act and/or their state law or local law equivalents. Xxxx specifically waives any entitlement to any bonus, equity plan or other compensation not specifically set forth in this Separation Agreement. Xxxx represents that he has not assigned to any other person any of such claims and that Xxxx has the full right to grant this release. Notwithstanding any other provision herein, Xxxx is not waiving any claims that may have arise under the Age Discrimination in Employment Act after this Separation Agreement is executed or any future claims based on the provisions set forth in this Separation Agreement. Excluded from this release are a) any claims arising under the terms of this Agreement; and b) any claims that may not be waived by law, such as claims for workers’ compensation benefits, unemployment insurance benefits, challenges to the validity of Hoak’s release of claims under the Age Discrimination in Employment Act of 1967, which prohibits age as amended, as set forth in this Agreement, and the right to file a charge of discrimination with, or participate in employment; Title VII of the Civil Rights Act of 1964an investigation conducted by, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Act of 1974 or any other federal, state or local laws, regulations or ordersan administrative agency. This release also includes, but Xxxx is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This releasewaiving, however, does not preclude Employee from enforcing the terms of this Agreement. This release does not include right to any monetary recovery or other relief in connection with such a release of any pension or any other benefits for which Employee may be eligible under the terms of applicable Company benefit planscharge.

Appears in 1 contract

Samples: Mutual Separation Agreement (Flextronics International Ltd.)

Complete Release. This release shall be effective on Employee’s Severance End Date. Employee understands that all or part of his/her his job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Company, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated with the Company, any Company benefit plans and the employees, administrators, fiduciaries, agents, officers and directors of any of them, and any predecessors, successors or assigns (“Released Parties”)assigns, from all claims or demands Employee may have arising out of or relating to /s/ TW (Initial) Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967Act, which prohibits age discrimination in employment, including the Older Workers Benefit Protection Act, Executive Order 11141 ; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Family Medical Leave Act; the Americans with Disabilities Act, as amended, which prohibits discrimination based upon disability; the Rehabilitation Act of 1973, the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act of 1974 1974, the Xxxxxxxxx Fair Pay Act, Executive Order 11236, the Civil Rights Act of 1991, Section 1981 of the Civil Rights Act of 1866; the Immigration Reform and Control Act, the Uniformed Services Employment and Reemployment Rights Act, the Xxxxxxxx-Xxxxx Act, the Genetic Information Nondiscrimination Act, the False Claims Act, the National Labor Relations Act, or any other federal, state or local laws, regulations or orders. This release also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she he may not know aboutabout but does not release future claims pursuant to Xxxxxxxxx 0, Xxx-Xxxxxxx of Future Claims. This release, however, does not preclude Employee from enforcing the terms of this Agreement. This Nor does this release does not include a release of any pension benefits, workers’ compensation benefits or any other benefits vested benefit for which Employee may be eligible under the terms of applicable Company benefit plans. Employee agrees and intends that the foregoing release shall be construed in the broadest sense possible and shall be effective as a prohibition to all claims, charges, actions, suits, demands, obligations, damages, injuries, liabilities, losses, and causes of action of every character, nature, kind or description, known or unknown, and suspected or unsuspected that Employee may have against the Company and its agents, successors, assignees and representatives but does not release future claims pursuant to Xxxxxxxxx 0, Xxx-Xxxxxxx of Future Claims.

Appears in 1 contract

Samples: Separation Agreement And (Exelis Inc.)

Complete Release. Employee understands that Mx. Xxxxxxx hereby fully releases Dell and all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyits owners, any company that is or was directly or indirectly the parent or subsidiary ofpartners, related to or affiliated with the Companyshareholders, any Company benefit plans and the employeespredecessors, administratorssuccessors, fiduciariesassigns, agents, officers directors, officers, employees, representatives, attorneys, subsidiaries, joint ventures and directors affiliates (and agents, directors, officers, employees, representatives and attorneys of any of themsuch subsidiaries and affiliates) (collectively, and any predecessors, successors or assigns (“Released Parties”), from any and all known or unknown claims or demands Employee Mx. Xxxxxxx may have against any of them. Mx. Xxxxxxx expressly waives and opts out of all claims, whether asserted on an individual or class action bias, against any Released Party arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence of any Released Party and claims of express or implied past or future defamation by any Released Party), and any federal, state or other governmental statute, regulation or ordinance, including, without limitation, those relating to /s/ TW (Initial) Employee's employment with the Company or the discrimination, termination of employment, payment of wages or provision of benefits, Title VII of the Civil Rights At of 1964 as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Occupational Safety and Health Act. Mx. Xxxxxxx represents that employmentMx. This includesXxxxxxx has not assigned to any other person any of such claims and that Mx. Xxxxxxx has the full right to grant this release. Notwithstanding any other provision herein, but Mx. Xxxxxxx and Dell agree that Mx. Xxxxxxx is not limited to, a release of waiving any rights or claims Employee that may have arise in the future under the Age Discrimination in Employment Act of 1967Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964any claim for benefits under Dell’s health and welfare or retirement benefit plans, which prohibits discrimination in employment or any future claims based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men Dell’s obligations and women unequal pay for equal work; the Employee Retirement Income Security Act of 1974 or any other federal, state or local laws, regulations or orders. This release also includes, but is not limited to, a release by Employee of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing the terms of agreements set forth in this Agreement. This release does not include a release of any pension or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plans.

Appears in 1 contract

Samples: Separation Agreement and Release (Dell Inc)

Complete Release. Employee understands that Executive hereby fully releases SecureWorks and all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyits owners, any company that is or was directly or indirectly the parent or subsidiary ofpartners, related to or affiliated with the Companyshareholders, any Company benefit plans and the employeespredecessors, administratorssuccessors, fiduciariesassigns, agents, officers and directors of any of themdirectors, officers, employees, representatives, attorneys, subsidiaries, joint ventures, and any predecessorsaffiliates (and agents, successors or assigns directors, officers, employees, representatives, and attorneys of such subsidiaries and affiliates) (collectively, “Released Parties”), from any and all known or unknown claims or demands Employee Executive may have against any of them. Executive expressly waives any and all claims, whether asserted on an individual or class action basis, against the Released Parties, including but not limited to all claims arising out of any contract, express or implied, and whether executory or not, any covenant of good faith and fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence by the Released Parties and claims of express or implied defamation by the Released Parties), and any federal, state, or other governmental statute, regulation, or ordinance, including, without limitation, those relating to /s/ TW (Initial) Employee's qui tam, employment with the Company or the discrimination, termination of that employment. This includes, but is not limited topayment of wages or provision of benefits, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on raceas amended, colorthe Civil Rights Act of 1991, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men and women unequal pay for equal work; the Genetic Information Nondiscrimination Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Executive further releases any and all claims that Executive may have under state law and any other claim under federal law. Executive represents that Executive has not assigned to any other person any of 1974 such claims and that Executive has the full right to grant this release. Notwithstanding any other provision herein, SecureWorks and Executive agree that Executive is not waiving any claims that may arise in the future under the Age Discrimination in Employment Act or any other federalclaim for benefits under the SecureWorks Inc. 401(k) Plan, state the Comprehensive Welfare Benefits Plan, or local lawsthe SecureWorks Inc. Retiree Medical Plan. Notwithstanding the foregoing, regulations this release does not include and will not preclude: (a) rights to vested benefits under any applicable retirement and/or pension and/or deferred compensation plans; (b) rights under applicable equity plans and agreements; (c) claims for unemployment compensation (which SecureWorks will not contest); (d) rights to defense, indemnification, and contribution, if any, from SecureWorks for actions taken by Executive in the course and scope of Executive’s employment or orders. This release also includes, but is not limited to, a release by Employee of any contractual or tort consultancy with SecureWorks; (e) claims or other claims under applicable D&O insurance policies and/or (e) rights arising under common law including, but not limited to, any claims for wrongful discharge. This release covers both claims that Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing or to enforce the terms of this Agreement or the Separation Agreement. This release does not include a release of any pension or any other benefits for which Employee may be eligible under the terms of applicable Company benefit plans.

Appears in 1 contract

Samples: Separation Agreement and Release (SecureWorks Corp)

Complete Release. Employee understands that all or part of his/her job duties may be assigned to another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Companyhereby releases Company and any affiliated companies, any company that is or was directly or indirectly the parent or subsidiary of, related to or affiliated along with the Company, any Company benefit plans and the employees, administrators, fiduciariespartners, agents, officers directors, officers, contractors, and directors attorneys of any of them, and any predecessors, successors or assigns them (the Released PartiesReleasees”), from any and all claims or demands demands, whether known or unknown, and whether asserted on an individual or class basis, which Employee may have arising out or claim to have against any of them. This complete release of all claims includes but is not limited to a complete release of any claims (including claims for attorneys’ fees) Employee may have or relating claim to /s/ TW (Initial) have based on Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release as well as any claims arising out of any rights contract, express or claims Employee may have under implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the Age Discrimination in Employment Act payment of 1967wages or benefits including, which prohibits age discrimination in without limitation, those relating to qui tam, employment discrimination, termination of employment; , payment of wages or provision of benefits, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, colorthe Americans with Disabilities Act as amended, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act of 1974 or (“OWBPA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Employee represents that Employee has not assigned to any other federalperson any of such claims and that Employee has the full right to grant this release. Notwithstanding any other provision herein, state or local laws, regulations or orders. This release also includes, but Employee is not limited to, a release by Employee of waiving any contractual or tort claims or other claims arising that may arise under common law including, but not limited tothe Age Discrimination in Employment Act after this Agreement is executed, any future claims for wrongful dischargebased on Company’s obligations and agreements set forth in this Agreement, and vested rights in any stock or benefit plan. This release covers both claims that Further, Employee knows about and those he/she may not know about. This release, however, does not preclude Employee from enforcing release his right to be defended and indemnified, to the terms extent required by the Indemnity Agreement dated June 12, 2014 and attached as Exhibit B. Further, nothing in this agreement restricts Employee’s right to assert a claim for a defense, reimbursement, or indemnity under any policies of this Agreement. This release does not include a release of any pension or any other benefits for which Employee may be eligible under Directors and Officers Liability Insurance maintained by the terms of applicable Company benefit plansCompany.

Appears in 1 contract

Samples: Indemnity Agreement (Active Power Inc)

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