Common use of Consequently Clause in Contracts

Consequently. Employee hereby generally releases and forever and irrevocably discharges all and each of the IFX Parties from any and all claims, actions, causes of action, grievances, suits, charges, or complaints of any kind or nature whatsoever, that he ever had or now has, whether fixed or contingent, liquidated or unliquidated, known or unknown, suspected or unsuspected, and whether arising in tort, contract, statute, or equity, before any federal, state, local, or private court, agency, arbitrator, mediator, or other entity, regardless of the relief or remedy from the beginning of time until the Effective Date hereof. Without limiting the generality of the foregoing, it being the intention of the parties to make this Payment and Release Agreement as broad and as general as the law permits, this Payment and Release Agreement specifically includes any and all subject matter and claims arising from any alleged violation by the IFX Parties under Rule 10b-5 of the Securities Act of 1933, as amended (15 U.S.C. § 78j(b)); the Age Discrimination in Employment Act of 1967, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1866, as amended by the Civil Rights Act of 1991 (42 U.S.C. § 1981); the Rehabilitation Act of 1973, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Equal Pay Act; Executive Order 11246; Executive Order 11141; and any other statutory claim, employment or other contract or implied contract claims (including, but not limited to, any claims arising under the Employment Agreement, or any stock option agreement between the Company and Employee), or common law claim for fraud, wrongful discharge, breach of an implied covenant of good faith and fair dealing, defamation, or invasion of privacy arising out of or involving his employment with the Company, the termination of his employment with the Company, or involving any continuing effects of his employment with the Company or termination of employment with the Company. Employee further acknowledges that he is aware that statutes exist that render null and void releases and discharges of any claims, rights, demands, liabilities, action and causes of action which are unknown to the releasing or discharging party at the time of execution of the release and discharge. Employee hereby expressly waives, surrenders and agrees to forego any protection to which he would otherwise be entitled by virtue of their existence. Further, Employee hereby waives any legal, civil, criminal, administrative or any other type of action, whether contractual, tort, legal or otherwise, that Employee (or any of his heirs, successors, assigns or affiliates) may have against any of the IFX Parties. Execution of this Agreement by Employee operates as a complete bar and defense against any and all of Employee’s claims against the IFX Parties, including but not limited to the Company. If Employee should hereafter assert any of Employee’s Claims in any action or proceeding against the IFX Parties, in any forum, the Agreement may be raised as and shall constitute a complete bar to any such action or proceeding and the IFX Parties shall be entitled to recover from Employee all costs incurred, including attorneys’ fees, in defending against any such action or proceeding. To the fullest extent permitted by law, Employee agrees not to lodge any formal or informal complaint in court, with any federal, state or local agency or any other forum, including without limitation arbitration in any jurisdiction, arising out of or related to Employee’s claims or Employee’s employment by or performance of services to or on behalf of the Company or any of the other IFX Parties or the termination of that employment or other services, or for any other reason. Employee hereby represents and warrants that he has brought no charge, complaint, action, claim or proceeding against any the Company or any of the other IFX Parties in any jurisdiction or forum. Employee further represents, warrants and agrees that he has not in the past and will not in the future assign any of Employee’s Claims to any person, corporation or other entity.

Consequently. Employee hereby generally totally releases and forever and irrevocably discharges all and each of the IFX Parties from any and all claims, actions, causes of action, grievances, suits, charges, or complaints of any kind or nature whatsoever, that he ever had or now has, whether fixed or contingent, liquidated or unliquidated, known or unknown, suspected or unsuspected, and whether arising in tort, contract, statute, or equity, before any federal, state, local, or private court, agency, arbitrator, mediator, or other entity, regardless of the relief or remedy from the beginning of time until the Effective Date hereofremedy. Without limiting the generality of the foregoing, it being the intention of the parties to make this Payment and Release Agreement as broad and as general as the law permits, this Payment and Release Agreement specifically includes any and all subject matter and claims arising from any alleged violation by the IFX Parties under Rule 10b-5 of the Securities Act of 1933, as amended (15 U.S.C. § (S) 78j(b)); the Age Discrimination in Employment Act of 1967, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1866, as amended by the Civil Rights Act of 1991 (42 U.S.C. § (S) 1981); the Rehabilitation Act of 1973, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Equal Pay Act; Executive Order 11246; Executive Order 11141; and any other statutory claim, employment or other contract or implied contract claims (including, but not limited to, any claims arising under the Employment Agreement, or any stock option agreement between the Company and Employee), or common law claim for fraud, wrongful discharge, breach of an implied covenant of good faith and fair dealing, defamation, or invasion of privacy arising out of or involving his employment with the Company, the termination of his employment with the Company, or involving any continuing effects of his employment with the Company or termination of employment with the Company. Employee further acknowledges that he is aware that statutes exist that render null and void releases and discharges of any claims, rights, demands, liabilities, action and causes of action which are unknown to the releasing or discharging party at the time of execution of the release and discharge. Employee hereby expressly waives, surrenders and agrees to forego any protection to which he would otherwise be entitled by virtue of their existence. Further, Employee hereby waives any legal, civil, criminal, administrative or any other type of action, whether contractual, tort, legal or otherwise, that Employee (or any of his heirs, successors, assigns or affiliates) may have against any of the IFX Parties. Execution of this Agreement by Employee operates as a complete bar and defense against any and all of Employee’s claims against the IFX Parties, including but not limited to the Company. If Employee should hereafter assert any of Employee’s Claims in any action or proceeding against the IFX Parties, in any forum, the Agreement may be raised as and shall constitute a complete bar to any such action or proceeding and the IFX Parties shall be entitled to recover from Employee all costs incurred, including attorneys’ fees, in defending against any such action or proceeding. To the fullest extent permitted by law, Employee agrees not to lodge any formal or informal complaint in court, with any federal, state or local agency or any other forum, including without limitation arbitration in any jurisdiction, arising out of or related to Employee’s claims or Employee’s employment by or performance of services to or on behalf of the Company or any of the other IFX Parties or the termination of that employment or other services, or for any other reason. Employee hereby represents and warrants that he has brought no charge, complaint, action, claim or proceeding against any the Company or any of the other IFX Parties in any jurisdiction or forum. Employee further represents, warrants and agrees that he has not in the past and will not in the future assign any of Employee’s Claims to any person, corporation or other entity.