Complete Release. As a material inducement to the parties to enter into this Agreement, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer and each of its stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act (age discrimination); (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (including the qui tam provision thereof); (10) the Occupational Safety and Health Act; (11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) intentional or negligent infliction of emotional distress or "outrage"; (13) defamation; (14) interference with employment and/or contractual relations; (15) wrongful discharge; (16) invasion of privacy; and (17) breach of contract, express or implied (including breach of employment contract), ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs this Agreement.
Appears in 3 contracts
Sources: Voluntary Separation Agreement (Tyson Foods Inc), Separation Agreement (Tyson Foods Inc), Separation Agreement (Tyson Foods Inc)
Complete Release. As a material inducement to the parties to enter into this Agreement, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer Tyson Foods, Inc. and each of its stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s 's right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act (age discrimination); (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (including the qui tam provision thereof); (10) the Occupational Safety and Health Act; (11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) intentional or negligent infliction of emotional distress or "outrage"; (13) defamation; (14) interference with employment and/or contractual relations; (15) wrongful discharge; (16) invasion of privacy; and (17) breach of contract, express or implied (including breach of employment contract), ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs this Agreement.
Appears in 1 contract
Complete Release. As a material inducement to the parties to enter into this Agreement, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer and each of its stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act (age discrimination); (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (including the qui tam provision thereof); (10) the Occupational Safety and Health Act; (11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) intentional or negligent infliction of emotional distress or "outrage"; (13) defamation; (14) interference with employment and/or contractual relations; (15) wrongful discharge; (16) invasion of privacy; and (17) breach of contract, express or implied (including breach of employment contract), ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs this Agreement.;
Appears in 1 contract
Complete Release. As a material inducement to the parties Company to enter into this AgreementSeparation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer Company and each of its the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s the Company's right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: ,
(1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § ss. 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination)Act; (5) the Older Workers Benefit Protection Act (age discrimination)Act; (6) the Equal Pay Act (wage discrimination)Act; (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (including the qui tam provision thereof); (10) the Occupational Safety and Health Act; ;
(11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) the Worker Adjustment and Retraining Notification Act; (13) intentional or negligent infliction of emotional distress or "outrage"; ;
(1314) defamation; (1415) interference with employment and/or contractual relationsemployment; (1516) wrongful discharge; (1617) invasion of privacy; (18) the Georgia Fair Employment Practices Statutes (Section 45-19-29 et seq of the Georgia Statutes); (19) the Georgia Equal Employment for Persons with Disabilities Statute (Section 34-6A-4 et seq of the Georgia Statutes); (20) The Georgia Sex Discrimination in Employment Statute (Section 34-5-3 of the Georgia Statues); (21) Section 31-8-87 of the Georgia Statutes; and (1722) breach of contract, express or implied (including breach of employment contract), all applicable Georgia laws ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs Effective Date of this Agreement. The Company releases the Employee of all claims against the Employee of which it is or should be aware as of the date this Agreement is executed.
Appears in 1 contract
Complete Release. As a material inducement to the parties to enter into this Agreement, Employee Executive hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer and each of its Employer’s stockholders, predecessorsofficers, directors, employees, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates)attorneys, and all persons acting by, through, under or in concert with any of them (collectively "“Releasees"”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreementsagreements (excluding this Agreement itself), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or impliedimplied (including the Employment Agreement), or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination)Act; (3) 42 U.S.C. § 1981 (discrimination)1981; (4) the Age Discrimination in Employment Act (age discrimination)Act, as amended by the Older Workers Benefit Protection Act; (5) the Older Workers Benefit Protection Act (age discrimination)Equal Pay Act; (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("“ERISA"”); (8) 7) Section 503 of the Rehabilitation Act of 1973; (9) 8) the False Claims Act (including the qui tam provision thereof); (109) the Occupational Safety and Health Act; (1110) the Consolidated Omnibus Budget Reconciliation Act of 19861986 (“COBRA”); (1211) intentional or negligent infliction of emotional distress or "“outrage"”; (13) defamation; (1412) interference with employment and/or contractual relations; (1513) wrongful discharge; (1614) invasion of privacy; (15) assault and battery; (16) defamation; (17) breach whistleblowing; and (18) violation of contract, express any other legal or implied (including breach contractual duty arising under the laws of employment contract)the state of Georgia or the United States of America, ("individually the “Claim" or "” and collectively the “Claims"”), which Employee Executive now has, owns or holds, or claims to have, own or hold, or which Employee Executive at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs of execution of this Agreement. The parties specifically agree that this release does not cover, and Executive expressly reserves, indemnification rights existing to him as a current or former director and/or officer of Employer under the Articles and Bylaws of Community Capital Bancshares, Inc. and Albany Bank & Trust and pursuant to applicable Georgia law.
Appears in 1 contract
Sources: Separation Agreement (Community Capital Bancshares Inc)
Complete Release. As a material inducement to In consideration for the parties to enter into this pay and benefits described in the Agreement, Employee which I acknowledge are above and beyond any compensation to which I otherwise am entitled, I, on behalf of myself and my heirs, executors, administrators, successors, agents and assigns, hereby irrevocably release the University and unconditionally releasesits agents, acquits and forever discharges the Employer and each of its stockholdersemployees, trustees, officers, consultants, insurers, representatives, lawyers, affiliates, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with them, or any of them (collectively "“Releasees"”), both individually and collectively, from any each and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses every legal claim or demand of any nature whatsoeverkind, whether known or unknown, suspected existing at any time up to and including the date of this Release Addendum, including without limitation any claim or unsuspecteddemand in any way arising out of or related to (a) any action, conduct, decision or omission by any of the Releasees; and (b) my employment with and/or separation of employment with any of the Releasees, including, but not limited towithout limiting the generality of the foregoing, rights any claims arising out of, based upon, or relating to your recruitment, hire, employment, benefits (including paid time off), leaves of absence, remuneration or separation by the University, or any contract, agreement or other arrangement between me and the Releasees, or any of them (claims released by this Release Addendum are collectively referred to as “Claims”). I understand that I am waiving any Claims arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, regulation or ordinance, including, without limitation: (1) Title Titles VI and VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination)amended; (2) the Americans with Disabilities Family and Medical Leave Act (disability discrimination)of 1993; (3) 42 U.S.C. § 1981 (discrimination)the Fair Labor Standards Act, as amended; (4) the Age Discrimination in Employment Act (age discrimination)federal and state wage and hour laws; (5) the Older Workers Benefit Protection Act (age discrimination)Americans with Disabilities Act, as amended; (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (7) Title IX of the Educational Amendments of 1972; (8) Minnesota’s common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, breach of contract, invasion of privacy, promissory estoppel, unjust enrichment, breach of the covenant of good faith and fair dealing, reprisal or retaliation, or wrongful termination or any other common law claims (including equitable claims) arising under the common law of Minnesota or any other state; (9) the False Claims Act (including the qui tam provision thereof)Minnesota Human Rights Act; (10) the Occupational Safety and Health Age Discrimination in Employment Act; (11) the Consolidated Omnibus Budget Reconciliation Age Discrimination Act of 19861975; (12) intentional or negligent infliction of emotional distress or "outrage"retaliation under the Workers’ Compensation Act; (13) defamationthe Genetic Information Nondiscrimination Act; (14) interference with employment and/or contractual relationsany claim based upon the Minnesota Employment, Wages, Conditions, Hours, and Restrictions Laws set forth in Minn. Stat. Chapter 181, including, without limitation, the Minnesota Whistleblower Act; (15) wrongful dischargethe Equal Pay Act; (16) invasion of privacy; and (17) breach of contract, express or implied (including breach of employment contract), ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs this Agreement.National Labor Relations Act;
Appears in 1 contract
Sources: Separation Agreement
Complete Release. As a material inducement to the parties to enter into this Agreement, Employee Executive hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer and each of its Employer’s stockholders, predecessorsofficers, directors, employees, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates)attorneys, and all persons acting by, through, under or in concert with any of them (collectively "Releasees"“Released Parties”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreementsagreements (excluding this Agreement itself), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or impliedimplied (including the Employment Agreement), or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination)Act; (3) 42 U.S.C. § 1981 (discrimination)1981; (4) the Age Discrimination in Employment Act (age discrimination)Act, as amended by the Older Workers Benefit Protection Act; (5) the Older Workers Benefit Protection Act (age discrimination)Equal Pay Act; (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("“ERISA"”); (8) 7) Section 503 of the Rehabilitation Act of 1973; (9) 8) the False Claims Act (including the qui tam provision thereof); (109) the Occupational Safety and Health Act; (1110) the Consolidated Omnibus Budget Reconciliation Act of 19861986 (“COBRA”); (1211) intentional or negligent infliction of emotional distress or "“outrage"”; (13) defamation; (1412) interference with employment and/or contractual relations; (1513) wrongful discharge; (1614) invasion of privacy; (15) assault and battery; (16) defamation; (17) breach whistleblowing; and (18) violation of contractany other legal or contractual duty arising under the laws of the state of Georgia, express South Carolina or implied (including breach the United States of employment contract)America, ("individually the “Claim" or "” and collectively the “Claims"”), which Employee Executive now has, owns or holds, or claims to have, own or hold, or which Employee Executive at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees Released Parties at any time up to and including the date on which Employee signs of execution of this Agreement. The parties specifically agree that this release does not cover, and Executive expressly reserves, indemnification rights existing to him as a current or former director and/or officer of Employer under the Articles and Bylaws of the Employer and pursuant to applicable state law and in accordance with any D&O policy existing for former officers and directors of Employer.
Appears in 1 contract
Complete Release. As a material inducement to Employer and the parties Company to enter into this Agreement, Employee Executive hereby irrevocably and unconditionally releases, acquits acquits, and forever discharges Employer and the Employer Company and each of its Employer’s and Company’s stockholders, predecessorsofficers, directors, employees, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates)attorneys, and all persons acting by, through, under under, or in concert with any of them (collectively "Releasees"“Released Parties”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreementsagreements (excluding this Agreement itself), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state state, or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination)Act; (3) 42 U.S.C. § 1981 (discrimination)1981; (4) the Age Discrimination in Employment Act (age discrimination)Act, as amended by the Older Workers Benefit Protection Act; (5) the Older Workers Benefit Protection Act (age discrimination)Equal Pay Act; (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("“ERISA"”); (8) 7) Section 503 of the Rehabilitation Act of 1973; (9) 8) the False Claims Act (including the qui tam provision thereof); (109) the Occupational Safety and Health Act; (1110) the Consolidated Omnibus Budget Reconciliation Act of 19861986 (“COBRA”); (1211) intentional or negligent infliction of emotional distress or "“outrage"”; (13) defamation; (1412) interference with employment and/or contractual relations; (1513) wrongful discharge; (1614) invasion of privacy; (15) assault and battery; (16) defamation; (17) breach whistleblowing; and (18) violation of contract, express any other legal or implied (including breach contractual duty arising under the laws of employment contract)the state of Georgia or the United States of America, ("individually the “Claim" or "” and collectively the “Claims"”), which Employee Executive now has, owns owns, or holds, or claims to have, own or hold, or which Employee Executive at any time heretofore had, owned owned, or held, or claimed to have, owned own, or heldhold, against each or any of the Releasees Released Parties at any time up to and including the date on which Employee signs of execution of this Agreement.
Appears in 1 contract
Sources: Retirement Agreement (Omni Financial Services, Inc.)
Complete Release. As a material inducement to the parties to enter into this Agreement, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Employer and each of its stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 1991 (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act (age discrimination); (6) the Equal Pay Act (wage discrimination); (7) the Employee Retirement Income Security Act ("ERISA"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (including the qui tam provision thereof); (10) the Occupational Safety and Health Act; (11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) intentional or negligent infliction of emotional distress or "outrage"; (13) defamation; (14) interference with employment and/or contractual relations; (15) wrongful discharge; (16) invasion of privacy; and (17) breach of contract, express or implied (including breach of employment contract), ("Claim" or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any of the Releasees at any time up to and including the date on which Employee signs this Agreement.
Appears in 1 contract
Complete Release. As a material inducement to Except as provided in the parties to enter into this Separation Agreement, Employee Executive, for Executive and Executive’s predecessors, successors, agents, assigns, heirs, representatives and counsel hereby irrevocably agrees to discharge and unconditionally releasesrelease the Company and, acquits and forever discharges the Employer and as applicable, each of its stockholdersdirect and indirect parent, predecessorssubsidiary or other affiliated companies (as defined in the Employment Agreement), and all of their representatives, present or former employees, directors, officers, members, shareholders, owners, insurers, successors, assigns, agentsclients and counsel from all claims or demands Executive may have based on Executive’s relationship with the Company, directors, officers, employees, representatives, divisions, subsidiaries, affiliates (Executive’s employment with the Company and agents, directors, officers, employees, representatives and attorneys the termination of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses employment. This includes a release of any nature whatsoeverrights or claims Executive may have based on any facts or events, whether known or unknownunknown by Executive, suspected that occurred on or unsuspectedbefore the Separation Date or events that are contemplated by this Agreement other than the payment of the Separation Payments, including, without limitation, a release of any rights or claims Executive may have based on:
(i) any federal or state laws pertaining to wrongful termination, discrimination or retaliation, including, but not limited to, rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on Employer’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including, without limitation: (1) Title VII of the Federal Civil Rights Act Acts of 19641866, 1870, 1871, 1964 and 1991, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination)amended; (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Age Discrimination in Employment Act (age discrimination)of 1967, as amended; (5) the Older Workers Benefit Protection Americans With Disabilities Act (age discrimination)of 1990; (6) the Rehabilitation Act of 1973; the Equal Pay Act of 1963; the Family and Medical Leave Act; and 42 U.S.C. §§ 1981, 1981(a), 1983, 1985, 1986 and 1988;
(wage discrimination); ii) the Federal False Claims Act;
(7iii) the Employee Retirement Income Security Act ("ERISA"); ;
(8) Section 503 iv) the Fair Labor Standards Act;
(v) the laws of the Rehabilitation Act United States; or the State of 1973Delaware; or any other state, concerning wages, employment benefits, employment and discharge; any city or municipal employment laws; or any other law, rule, regulation or ordinance pertaining to employment, terms and conditions of employment, or termination of employment;
(9vi) claims arising out of any legal restrictions of the False Claims Act right to terminate the Company’s employees such as wrongful or unlawful discharge, discharge against public policy or related causes of action;
(including the qui tam provision thereof); vii) misrepresentation, fraud, nondisclosure, concealment and any and all other related causes of action;
(10) the Occupational Safety and Health Act; (11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12viii) intentional or negligent infliction of emotional distress or "outrage"; (13) distress, defamation; (14) interference with employment and/or contractual relations; (15) wrongful discharge; (16) , negligence, invasion of privacyprivacy and other tort claims;
(ix) the Employment Agreement;
(x) the Change of Control Agreement, as defined in the Employment Agreement, as the same has been amended and/or restated through the date hereof; and and
(17xi) breach violation of any contract, express or implied (implied, whether direct or as a third-party beneficiary, including claims for breach of employment contract), ("Claim" an expressed or "Claims"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, owned or held, against each or any implied covenant of the Releasees at any time up to good faith and including the date on which Employee signs this Agreementfair dealing.
Appears in 1 contract