Current Release. In consideration of the benefits conferred by this SEPARATION AGREEMENT, EXECUTIVE (ON BEHALF OF HIMSELF, HIS FAMILY MEMBERS, HEIRS, ASSIGNS, EXECUTORS AND OTHER REPRESENTATIVES) RELEASES THE COMPANY AND ITS PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES, AND ITS AND/OR THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, AND ITS AND/OR THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EXECUTIVES, OWNERS, INVESTORS, SHAREHOLDERS, ADMINISTRATORS, BUSINESS UNITS, EXECUTIVE BENEFIT PLANS (TOGETHER WITH ALL PLAN ADMINISTRATORS, TRUSTEES, FIDUCIARIES AND INSURERS) AND AGENTS (“RELEASEES”) FROM ALL CLAIMS AND WAIVES ALL RIGHTS KNOWN OR UNKNOWN, HE MAY HAVE OR CLAIM TO HAVE IN EACH CASE RELATING TO HIS EMPLOYMENT WITH THE COMPANY, OR HIS SEPARATION THEREFROM arising before the execution of this Separation Agreement by Executive, including but not limited to claims: (i) for discrimination, harassment or retaliation arising under any federal, state or local laws, or the equivalent applicable laws of a foreign country, prohibiting age (including but not limited to claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, and the Older Worker Benefit Protection Act of 1990 (“OWBPA”) (collectively referred to herein as the “ADEA Release”)), sex, national origin, race, religion, disability, veteran status or other protected class discrimination, the Family and Medical Leave Act, as amended (FMLA), harassment or retaliation for protected activity; (ii) for compensation, commission payments, bonus payments and/or benefits including but not limited to claims under the Fair Labor Standards Act of 1938 (FLSA), as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Family and Medical Leave Act, as amended (FMLA), and similar federal, state, and local laws, or the applicable laws of any foreign country; (iii) under federal, state or local law, or the applicable laws of any foreign country, of any nature whatsoever, including but not limited to constitutional, statutory; and common law; (iv) under the Employment Agreement, and (v) for attorneys’ fees. Executive specifically waives his right to bring or participate in any class or collective action against the Company. Provided, however, that this release does not apply to claims by Executive: (aa) for workers’ compensation benefits or unemployment benefits filed with the applicable state agencies; (bb) for vested pension or retirement benefits including under the Co...
Current Release. Executive, on behalf of himself and his heirs, estate, executors, administrators, successors and assigns, does hereby release, acquit and forever discharge the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed (other than Executive’s rights under this Agreement and other than any claim for indemnification Executive may have as a result of any third party action against Executive based on Executive’s employment with the Company), arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the date Executive executes this Agreement, including, but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Executive’s employment with the Company or the termination of that employment, including but not limited to, claims of intentional and negligent infliction of emotional distress, any and all tort claims for personal injury, claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the federal Civil Rights Act of 1964, the federal Age Discrimination in Employment Act of 1967 (“ADEA”), the federal Employee Retirement Income Security Act of 1974, the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, the federal Fair Labor Standards Act, the federal Family Medical Leave Act, the California Fair Employment and Housing Act, and any amendments to the foregoing laws; tort law; contract law; wrongful discharge; discrimination; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; provided, however, that nothing in this paragraph shall be construed in any way to release the Company from its obligation to indemnify Executive pursuant to the Company’s indemnification obligation pursuant to agreement, its bylaws or applicable law.
Current Release. In exchange for the consideration received by the Executive pursuant to this Agreement, the Executive on his own behalf, and on behalf of his descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and voluntarily and knowingly waives, releases and discharges Nabors Bermuda and Nabors Delaware, and each of their respective parents, predecessors, successors, subsidiaries, and affiliate companies, past and present, as well as their officers, directors , representatives, agents and attorneys from all claims, liabilities, demands and causes of action, asserted or unasserted, fixed or contingent, whether in contract or in tort, relating to or arising from the March 2006 notice to set expiration date by Nabors Bermuda to Executive with respect to the then Amended Employment Agreement (including, but not limited to, any claims related to termination without cause, constructive termination without cause, or change in control as used in said agreement). The parties hereto acknowledge that the Amended Employment Agreement has now been superseded by this Agreement, which is in force and binding on the parties hereto.
Current Release. Except as otherwise specified in this Exhibit A, Licensee must run only the current release level of the Software that Hammerspace has made available to its customers and licensees. Licensee shall install all Updates within 10 days from the date they are made available by Hammerspace.
Current Release. Active's obligations under this Plan shall apply only to those releases of the applicable Software that are then currently being shipped by Active. Active shall have the right, at any time after a particular release has been superseded by another release, to terminate support with respect to the superseded release upon giving not less than ninety (90) days notice. Notwithstanding the foregoing, Active will support a superseded release for no less than one year after a new release is shipped.
Current Release. Contractor shall offer to County each Release when Contractor makes it generally available to its other licensees. A “Release” means subsequent releases of any Upgrade Software that Contractor makes generally available without additional charge as part of its standard maintenance program to Customer’s receiving Contractor’s Support. County shall install each Release in accordance with Contractor’s release installation schedule. Contractor shall provide Support for each Release as long as County diligently is installing the newest Release within 270 days after its general release. Upon at least one (1) year advance notice, Contractor may designate any Release to also be a “Sunset Release”. At any time, upon notice, Contractor may terminate (with or without cause) Support Services for any Sunset Release. Notwithstanding the provision above, as long as County is utilizing an Upgrade Software version that is no more than two (2) versions behind the most current Upgrade Software version Contractor has made generally available, Contractor is obligated to provide all Support Services required under this Exhibit C-1.1 for the Upgrade Software version County then has in production.
Current Release. AvantGo's support obligations with respect to the --------------- Software shall apply only to the most current release of the Software. AvantGo shall have the right, at any time after a particular release has been superseded by another release, to terminate support with respect to the superseded release upon giving not less than ninety (90) days notice to the Licensee.
Current Release. Company's obligations under this Agreement shall apply only to those Revisions/Versions of the applicable Software that are within two (2) Revisions/Versions of the then-current Revision/Version, and within a one (1) year time frame of current Revision or Version, whichever is greater, provided Licensee is under then-current support. Company shall give Licensee not less than ninety (90) days notice that support will be terminated for a particular Version.
Current Release. The Executive hereby voluntarily, completely and fully releases, remises, acquits and forever discharges the Company and its respective parents, affiliates, subsidiaries, divisions, branches, units and related entities, and its or their present and former officers, directors, employees, agents, successors and assigns (the “Released Parties”), of and from any and all claims, demands, debts, suits, actions, causes of action, obligations, damages, costs, losses, interest, expenses and liabilities, of any kind or nature whatsoever, whether legal, equitable or statutory, liquidated or unliquidated, known or unknown, suspected or unsuspected, reasonably discoverable or not, present, fixed or contingent (collectively, “Claims”), that the Executive, his heirs, executors, administrators, successors, and assigns, have or may have as of the date of his execution of this Agreement including, but not limited to, Claims arising out of or resulting from: