Common use of Employee’s Release of All Claims Against Employer Clause in Contracts

Employee’s Release of All Claims Against Employer. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably and absolutely release and discharge Employer and all related holding, parent or subsidiary entities and their affiliates, directors, officers, representatives, agents, principals, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, and attorneys from any and all liability, claims, demands, causes of action, or suits of any type, whether in law and/or in equity, known or unknown, related directly or indirectly or in any way connected with any transaction, affairs or occurrences between them to date, including, but not limited to, Employee's employment with Employer and the termination of said Employment. This Agreement shall include but not be limited to a release of claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, federal and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer, except any claim for unemployment insurance or worker's compensation.

Appears in 1 contract

Samples: Amended and Restated Employment Agreement (EdgeWave, Inc.)

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Employee’s Release of All Claims Against Employer. a. A. In consideration of the above covenants and other benefits described paymentherein, and which Employee would otherwise not be entitled to except for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken hereinsigning this Agreement, Employee does hereby unconditionally, irrevocably irrevocably, and absolutely release and discharge Employer Employer, and any and all related predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and their affiliatesany predecessor or successor entities thereof, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and attorneys any fiduciaries of any employee benefits plan from any and all loss, liability, claims, demands, causes of action, action or suits of any type, whether in law and/or or in equity, known or unknown, related directly or indirectly indirectly, or in any way connected with any transaction, affairs affairs, or occurrences between them to datethem, including, but not limited towithout limitation, Employee's employment with Employer and and/or the termination of said Employmentemployment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement). This Agreement shall include but not be limited specifically applies, without limitation, to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Labor Standards Employment and Housing Act, federal the Occupational Safety and state wage and hour laws includingHealth Act, without limitationthe Xxxxxxxx-Xxxxx Act of 2002, the California Labor Code, California Government Code Sections 12940 et seqincluding, without limitation, section 1101, ET-SEQ., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims and any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer and/or the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation benefits, pension, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer, except any claim for unemployment insurance or worker's compensation.

Appears in 1 contract

Samples: Confidential Settlement Agreement and Mutual (Genius Products Inc)

Employee’s Release of All Claims Against Employer. a. A. In consideration of the above covenants and other benefits described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably irrevocably, and absolutely release and discharge Employer Employer, and any and all related predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and their affiliatesany predecessor or successor entities thereof, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and attorneys any fiduciaries of any employee benefits plan from any and all loss, liability, claims, demands, causes of action, action or suits of any type, whether in law and/or or in equity, known or unknown, related directly or indirectly indirectly, or in any way connected with any transaction, affairs affairs, or occurrences between them to datethem, including, but not limited towithout limitation, Employee's ’s employment with Employer and and/or the resignation and/or termination of said Employmentemployment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement). This Agreement shall include but not be limited specifically applies, without limitation, to a release of any and all contract or tort claims, breach of the implied covenant of good faith and fair dealing, claims for wrongful termination, retaliation, employment discrimination, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, stock options, any claims under any stock option agreement to which Employee is a party, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers’ Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Labor Standards Employment and Housing Act, federal the Occupational Safety and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq.Health Act, any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims and any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer, except Employer and/or the termination of said employment. Nothing in this release is intended to affect Genius’ obligation to defend and/or indemnify Howie in the event he is sued in his capacity as an officer or employee of Genius for work performed in the course and scope of his employment. Nothing in this release is intended to affect Howie’s right to coverage under the California worker’s compensation laws (although Howie represents he is not currently aware of any claim for unemployment insurance or worker's compensationsuch claim.)

Appears in 1 contract

Samples: Settlement Agreement (Genius Products Inc)

Employee’s Release of All Claims Against Employer. a. In consideration of the above described paymentacceleration of vesting, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably and absolutely release and discharge Employer and all related holding, parent or subsidiary entities and their affiliates, directors, officers, representatives, agents, principals, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, and attorneys from any and all liability, claims, demands, causes of action, or suits of any type, whether in law and/or in equity, known or unknown, related directly or indirectly or in any way connected with any transaction, affairs or occurrences between them to date, including, but not limited to, Employee's ’s employment with Employer and the termination of said Employment. This Agreement shall include but not be limited to a release of claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, federal and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer, except any claim for unemployment insurance or worker's ’s compensation.

Appears in 1 contract

Samples: Employment Agreement (EdgeWave, Inc.)

Employee’s Release of All Claims Against Employer. a. A. In consideration of the above covenants and other benefits described paymentherein, and which Employee would otherwise not be entitled to except for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken hereinsigning this Agreement, Employee does hereby unconditionally, irrevocably irrevocably, and absolutely release and discharge Employer Employer, and any and all related predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and their affiliatesany predecessor or successor entities thereof, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and attorneys any fiduciaries of any employee benefits plan from any and all loss, liability, claims, demands, causes of action, action or suits of any type, whether in law and/or or in equity, known or unknown, related directly or indirectly indirectly, or in any way connected with any transaction, affairs affairs, or occurrences between them to datethem, including, but not limited towithout limitation, Employee's employment with Employer and and/or the termination of said Employmentemployment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement). This Agreement shall include but not be limited specifically applies, without limitation, to a release of any and all contract or tort claims, claims for wrongful termination, retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Labor Standards Employment and Housing Act, federal the Occupational Safety and state wage and hour laws includingHealth Act, without limitationthe Xxxxxxxx-Xxxxx Act of 2002, the California Labor Code, California Government Code Sections 12940 et seqincluding, without limitation, section 1101, ET-SEQ., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims and any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer and/or the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation benefits, pension, or any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Consulting Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer, except any claim for unemployment insurance or worker's compensation.

Appears in 1 contract

Samples: Confidential Settlement Agreement and Mutual (Genius Products Inc)

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Employee’s Release of All Claims Against Employer. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably and absolutely release and discharge Employer and all related holding, parent or subsidiary entities and their affiliates, directors, officers, representatives, agents, principals, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, and attorneys from any and all liability, claims, demands, causes of action, or suits of any type, whether in law and/or in equity, known or unknown, related directly or indirectly or in any way connected with any transaction, affairs or occurrences between them to date, including, but not limited to, Employee's ’s employment with Employer and the termination of said Employment. This Agreement shall include but not be limited to a release of claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, federal and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer, except any claim for unemployment insurance or worker's ’s compensation.

Appears in 1 contract

Samples: Employment Agreement (St. Bernard Software, Inc.)

Employee’s Release of All Claims Against Employer. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably and absolutely release and discharge Employer and all related holding, parent or subsidiary entities and their affiliates, directors, officers, representatives, agents, principals, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, and attorneys from any and all liability, claims, demands, causes of action, or suits of any type, whether in law and/or in equity, known or unknown, related directly or indirectly or in any way connected with any transaction, affairs or occurrences between them to date, including, but not limited to, Employee's employment with Employer and the termination of said Employment. This Agreement shall include but not be limited to a release of claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, federal and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer, except any claim for unemployment insurance or worker's compensation.

Appears in 1 contract

Samples: Employment Agreement (St. Bernard Software, Inc.)

Employee’s Release of All Claims Against Employer. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants undertaken herein, Employee does hereby unconditionally, irrevocably and absolutely release and discharge Employer and all related holding, parent or subsidiary entities and their affiliates, directors, officers, representatives, agents, principals, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, and attorneys from any and all liability, claims, demands, causes of action, or suits of any type, whether in law and/or in equity, known or unknown, related directly or indirectly or in any way connected with any transaction, affairs or occurrences between them to date, including, but not limited to, Employee's ’s employment with Employer and the termination of said Employment. This Agreement shall include but not be limited to a release of claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, federal and state wage and hour laws including, without limitation, the California Labor Code, California Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer, except any claim for unemployment insurance or worker's ’s compensation.

Appears in 1 contract

Samples: Employment Agreement (St. Bernard Software, Inc.)

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