Common use of Employee’s Release Clause in Contracts

Employee’s Release. Employee releases and forever waives as against IDT any and all claims of any and every kind, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract (express or implied) or any federal, state, or local law, statute, or regulation (the “Released Claims”). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Appears in 1 contract

Samples: Separation Agreement and Release (Integrated Device Technology Inc)

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Employee’s Release. Employee releases hereby releases, discharges and forever waives as against IDT acquits the Company, Linn Energy, LLC and their respective affiliates and subsidiaries and the past, present and future stockholders, members, partners, directors, managers, employees, agents, attorneys, heirs, legal representatives, successors and assigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and hereby waives, any and all claims claims, damages, or causes of action of any and every kind, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from kind related to Employee’s employment relationship with IDTany Company Party, the termination of that employment relationship and/or such employment, and any other employmentacts or omissions related to any matter on or prior to the date of this Agreement including without limitation any alleged violation through the date of this Agreement of: (a) the Age Discrimination in Employment Act of 1967, as amended; (b) Title VII of the Civil Rights Act of 1964, as amended; (c) the Civil Rights Act of 1991; (d) Section 1981 through 1988 of Title 42 of the United States Code, as amended; (e) Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (f) the Americans with Disabilities Act of 1990, as amended; (g) the National Labor Relations Act, as amended; (h) the Occupational Safety and Health Act, as amended; (i) the Family and Medical Leave Act of 1993; (j) any state anti-related dealings discrimination law; (k) any state wage and hour law; (l) any other local, state or federal law, regulation or ordinance; (m) any public policy, contract, tort, or common law claim; (n) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters; (o) any and all rights, benefits or claims Employee may have under any employment contract, incentive compensation plan or stock option plan with any Company Party or to any ownership interest in any Company Party except as expressly provided in the Separation Agreement and any stock option or other equity compensation agreement between Employee and IDT that have occurred during Employee’s term a Company Party; and (p) any claim for compensation or benefits of employment with IDT, whether based on tort, contract (express or implied) any kind not expressly set forth in this Agreement or any federalsuch stock option or other equity compensation agreement (collectively, state, or local law, statute, or regulation (the “Released Claims”). By way In no event shall the Released Claims include (a) any claim which arises after the date of example this Agreement, (b) any claim to vested benefits under an employee benefit plan, (c) any claims under the terms of this Agreement, or (d) any rights to indemnification from the Company and not in limitation its direct or indirect subsidiaries pursuant to any provisions of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, Company’s (or any other category protected subsidiaries’) organizational documents or any directors and officers liability insurance policies maintained by federalthe Company. This Agreement is not intended to indicate that any such claims exist or that, stateif they do exist, local or common lawthey are meritorious. Rather, retaliationEmployee is simply agreeing that, breach in exchange for the consideration set forth in Sections 2 through 7 (except Section 3) of any agreement entered into between the Parties, including but not limited tothis Agreement, any and all employment agreements potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. By signing this Agreement, Employee is bound by it. Anyone who succeeds to Employee’s rights and responsibilities, such as heirs or the executor of Employee’s estate, is also bound by this Agreement. This release also applies to any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional claims brought by any person or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance agency or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations class action under which Employee may have a right or ordinances whether federal, state, or localbenefit. Notwithstanding the foregoingthis release of liability, nothing in this Agreement does not waive rights or claims prevents Employee from filing any non-legally waivable claim (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as including a matter of law, and it does not restrict or limit Employee’s right challenge to challenge the validity of this Agreement. Nor does this Agreement waive rights ) with the Equal Employment Opportunity Commission (“EEOC”) or claims under federal comparable state or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. Employee agrees not to bring or join any lawsuit against any of the Company Parties in any court relating to any of the Released Claims. Employee represents that Employee has not brought or joined any lawsuit or filed any charge or claim against any of the Company Parties in any court or before any federal government agency and has made no assignment of any rights Employee has asserted or state agency, including may have against any of the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right Company Parties to any individual monetary recovery person or entity, in each case, with respect to any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity CommissionReleased Claims.

Appears in 1 contract

Samples: Separation Agreement (Linn Energy, LLC)

Employee’s Release. Employee releases In consideration for the Special Severance Benefits set forth above in Paragraph 2, and other consideration set forth in this Agreement, you agree, on behalf of yourself, heirs, descendants, executors, administrators, assigns and successors, to waive, release, covenant not to xxx, and forever waives as against IDT any and all claims of any and every kinddischarge Employer, nature and characterits parents, whether known or unknownsubsidiaries, suspected or unsuspectedaffiliates, including any and all claims for damagesowners, trustees, officers, directors, attorneys’ fees and/or costs which Employee may now have , agents, employees, shareholders, and each of them individually or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract collectively (express or implied) or any federal, state, or local law, statute, or regulation (the “Released ClaimsParties”). By way of example and not in limitation of the foregoing, Released Claims shall include from any and all claims, rightsknown or unknown, demandsliquidated or unliquidated, that you may have relating to or arising out of your employment with Employer and causes termination thereof as of action for employment discrimination or harassment on the basis effective date of racethis Agreement (the “Release”). This Release includes, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but is not limited to, any and all employment agreements and any and all stock option agreements, violation claims of the WARN Act, constructive discharge of employment, wrongful terminationdischarge, breach of the covenant of good faith and fair dealingexpress or implied contract, claims for wages, commissions or expenses, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distressslander and libel, failure to pay wagesliability in tort, commissions, benefits, vacation pay, severance or other compensation claims of any sortkind that may be brought in any court or administrative agency, failure to reimburse expensesany claims under Title VII of the Civil Rights Acts of 1964 and 1991, and/or violation as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1985, Sections 1981 and 1983 of Title 42 of the United States Code, the National Labor Relations Act, as amended, the Immigration Reform and Control Act, as amended, the Workers Adjustment and Retraining Notification Act, as amended, the Occupational Safety and Health Act, as amended, or any and all statutes, rules, regulations or ordinances whether other federal, statestate or local law relating to your employment, employee benefits or localthe termination of your employment. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant Except to the articles and bylaws of IDTextent such agreement is prohibited by applicable law or regulation, any written agreement with IDT, any applicable document Executive agrees that if he attempts to avoid or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to set aside the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock Agreement or stock. Additionally, nothing in this if any Released Party successfully asserts the Agreement precludes Employee from filing as a charge defense or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right bar to any individual monetary recovery suit or claim asserted by Executive, Executive shall be liable for reimbursing the Released Party for its reasonable costs and attorneys’ fees in defending against such claims or asserting such defense. Should any third party bring any action or lawsuit initiated by claim against a federal or state agencyReleased Party on Executive’s behalf, Executive acknowledges and agrees that the Agreement provides him with full relief and he will not accept any additional relief. If the release of any one claim described herein is found invalid, Executive acknowledges and agrees that such as invalidity has no affect on the Equal Employment Opportunity Commissionvalidity of any other release of claim.

Appears in 1 contract

Samples: Separation Agreement and Full and Final Release (Hooker Furniture Corp)

Employee’s Release. In consideration for the benefits described herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon resignation, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and forever waives as against IDT its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, from any and all claims claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any and every kind, nature and characterwhatsoever, whether known or unknown, suspected relating in any way to any act, omission, event, relationship, conduct, policy or unsuspectedpractice prior to the Effective Date, including without limitation his employment with WRIT and the separation thereof ("Claims"). This release includes without limitation Claims for discrimination, harassment, retaliation or any other violation under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Maryland Human Rights Act, the Xxxxxxxxxx County Human Rights Act, and any other Claims under all other federal, state or local laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distress, defamation, fraud, misrepresentation or any other personal injury; Claims for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and costs, Claims for reinstatement or employment; and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract (express or implied) or Claims under any federal, state, state or local law, statute, law or regulation (the “Released cause of action. Employee represents that he has not filed any such Claims”). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination he further agrees not to assert or harassment file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, EEOC or any other category protected fair employment agency to the fullest extent permitted by federal, state, local or common law, retaliation, . It is understood and agreed that this Release does not apply to claims for breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) Claims that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive be released by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Appears in 1 contract

Samples: Separation Agreement and General Release (Washington Real Estate Investment Trust)

Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employment, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and forever waives as against IDT its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, from any and all claims claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any and every kind, nature and characterwhatsoever, whether known or unknown, suspected relating in any way to any act, omission, event, relationship, conduct, policy or unsuspectedpractice prior to the Effective Date, including any without limitation his employment with WRIT and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract thereof (express or implied) or any federal, state, or local law, statute, or regulation (the Released Claims”). By way of example and not in This release includes without limitation of the foregoingClaims for discrimination, Released Claims shall include any and all claimsharassment, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, retaliation or any other category protected by violation under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Maryland Human Rights Act, the Xxxxxxxxxx County Human Rights Act, and any other Claims under all other federal, state, state or local or common law, retaliation, laws; Claims for breach of any agreement entered into between the Partiescontract; Claims for wrongful discharge; Claims for emotional distress, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealingdefamation, fraud, misrepresentationmisrepresentation or any other personal injury; Claims for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and costs, defamation, intentional Claims for reinstatement or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any employment; and all statutes, rules, regulations or ordinances whether other Claims under any federal, statestate or local law or cause of action. Employee represents that he has not filed any such Claims, and he further agrees not to assert or localfile any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. Notwithstanding the foregoing, It is understood and agreed that this Release does not apply to claims for breach of this Agreement does not waive rights or claims (1) Claims that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive be released by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Appears in 1 contract

Samples: Separation Agreement and General Release (Washington Real Estate Investment Trust)

Employee’s Release. In consideration for the Additional Contractual Payments stated above by the Company and for other good and valuable consideration, Employee irrevocably and unconditionally releases and forever waives as against IDT the Company from any and all claims known and unknown claims, complaints, causes of action, or demands ("Actions") of whatever kind or nature arising out of any and every kindaction, nature and characterconduct, whether known or unknowndecision, suspected or unsuspected, including any and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract (express or implied) or any federal, statebehavior, or local lawevent occurring prior to the effective dates of this General Release, statuteincluding, or regulation (the “Released Claims”). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, actions under Title VII of the Civil Rights Act of 1964; the Older Workers Benefit Protection Act as amended, the Age Discrimination in Employment Act of 1967; the Equal Pay Act of 1993; the Rehabilitation Act of 1973; Section 1981 of the Civil Rights of 1866; the Civil Rights Act of 1991; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993, the Worker's Adjustment and Retraining Notification Act; any and all other federal, state or local state or local statue or regulation regarding employment agreements or discrimination in employment or Separation of employment; and any and all stock option agreementsActions under any theory of libel, violation of the WARN Act, constructive discharge of employment, wrongful terminationslander, breach of the covenant of good faith and fair dealingcontract, fraudwrongful discharge, misrepresentation, defamationdetrimental reliance, intentional or negligent infliction of emotional distress, failure to pay wagestort, commissionsor any other theory under the common law, benefitsand any Actions for uncompensated expenses, incentive pay, separation pay, vacation pay, severance or any other compensation form of compensation, PROVIDED THAT Employee is not releasing (a) any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or benefits, whether monetary or non-monetary, provided to him in this Amended Agreement or (b) any vested rights Employee may /s/ ER Employee ------------ /s/ CO Company ------------ currently have under the Company's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. The Employee covenants not to sue the Company or bring any Actions on any claims (1) that through March 11, 2005, PROVIDED FURTHER THAT Employee may arise after enforce the date the Agreement is executed by Employee, terms and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity conditions of this Amended Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreementTHIS MEANS THAT BY SIGNING THIS AMENDED AGREEMENT, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity CommissionEMPLOYEE WILL HAVE WAIVED ANY RIGHT HE MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY LEGAL CLAIM AGAINST THE COMPANY THAT IN ANY WAY ARISES FROM OR RELATES TO HIS EMPLOYMENT RELATIONSHIP WITH THE COMPANY OR THE SEPARATION OF HIS EMPLOYMENT RELATIONSHIP WITH THE COMPANY EXCEPT AS RETAINED HEREIN.

Appears in 1 contract

Samples: Contractor Agreement (Technical Olympic Usa Inc)

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Employee’s Release. Employee releases (a) In consideration of the Company’s obligations set forth in this Agreement, including but not limited to the payments and benefits described in Paragraphs 2 and 3 above, you voluntarily, knowingly and willingly release and forever waives as against IDT discharge the Company, and its parents, affiliates, and subsidiaries, together with their respective present or former officers, directors, partners, shareholders, employees, agents, and each of their predecessors, successors and assigns, in their individual and official capacities (collectively, the “Employee Releasees”) from any and all claims rights, claims, causes of any action, charges, demands, damages and liabilities of every kindkind whatsoever, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damageswhich you or your executors, attorneys’ fees and/or costs which Employee may administrators, successors or assigns ever had, now have or has ever had which arise hereafter can, shall or may have by reason of any matter, cause or thing whatsoever, arising from the beginning of time to the time you sign this Agreement (the “Release”). This Release includes, but is not limited to, any rights or claims relating in whole or in part from Employee’s any way to your employment relationship with IDTthe Company or any of its parents, subsidiaries, or affiliates, any rights or claims arising under any statute or regulation, including without limitation, Title VII of the Civil Rights Act of 1964, the termination Civil Rights Act of that employment relationship and/or 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Older Workers Benefit Protection Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, the Rehabilitation Act of 1973, the Employee Retirement Income Security Act of 1974, the anti-retaliation provisions of the Fair Labor Standards Act, the Genetic Information Nondiscrimination Act, the National Labor Relations Act, the Fair Credit Reporting Act, Section 1981 of the Civil Rights Act of 1866, the Worker Adjustment Retraining and Notification (“WARN”) Act and any state WARN statutes (including, but not limited to, claims for additional financial compensation or any other employment-related dealings between Employee benefit because of my job loss), each of the foregoing as amended, and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract (express or implied) or any other federal, state, state or local law, statuteregulation, or regulation (the “Released Claims”). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local ordinance or common law, retaliationor under any plan, breach of any agreement entered into program, policy, agreement, contract, understanding or promise, written or oral, formal or informal, between the PartiesCompany or any of the Employee Releasees and you, including but not limited to, any and all employment agreements claim for severance pay, attorney’s fees, costs, and/or other fringe benefit of the Company or any of the other Employee Releasees, and any and all stock option agreementsclaims for alleged tortious, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional defamatory or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commissionfraudulent conduct.

Appears in 1 contract

Samples: Separation and Transition Agreement (Exicure, Inc.)

Employee’s Release. In consideration for the benefits described herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon resignation, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases CRCO and forever waives as against IDT its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, from any and all claims claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any and every kind, nature and characterwhatsoever, whether known or unknown, suspected relating in any way to any act, omission, event, relationship, conduct, policy or unsuspectedpractice prior to the Effective Date, including without limitation his employment with CRCO and the separation thereof, including, without limitation, any and all claims for damagesdiscrimination, harassment, retaliation or any other violation under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and any other claims under all other federal, state or local laws including, but not limited to claims for breach of contract; claims for wrongful discharge; claims for emotional distress; claims for unpaid wages, salary or back pay, defamation, fraud, misrepresentation or any other personal injury; claims for unpaid compensation; claims relating to benefits; claims for attorneys’ fees and/or costs which Employee may now have and costs, claims for reinstatement or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any employment; and all other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with IDT, whether based on tort, contract (express or implied) or claims under any federal, state, state or local lawlaw or cause of action (collectively, statute, or regulation (the “Employee Released Claims”). By way of example and Employee represents that he has not in limitation of the foregoing, filed any such Employee Released Claims shall include and he further agrees not to assert or file any and all claims, rights, demands, and causes of action for employment discrimination such Employee Released Claims in the future or harassment to seek or accept any monetary relief with respect to Employee Released Claims filed by him or on his behalf with the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, EEOC or any other category protected fair employment agency to the fullest extent permitted by federallaw. Employee represents and warrants that no Employee Released Claim released herein has been assigned, stateexpressly, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, stateimpliedly, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter operation of law, and it that all Employee Released Claims released herein are owned by Employee, who has the sole authority to release them. Employee agrees that he shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit action or proceeding, judicial, administrative or otherwise collect or enforce any Employee Release Claim. It is understood and agreed that the release given by Employee herein does not restrict or limit Employee’s right apply to challenge the validity claims for breach of this Agreement. Nor does this Agreement waive rights or claims under federal or state law Claims that Employee cannot waive be released by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Appears in 1 contract

Samples: Separation Agreement and General Release (Carolco Pictures, Inc.)

Employee’s Release. Employee releases hereby releases, discharges and forever waives as against IDT acquits the Company, Linn Energy, LLC and their respective affiliates and subsidiaries and the past, present and future stockholders, members, partners, directors, managers, employees, agents, attorneys, heirs, legal representatives, successors and assigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and hereby waives, any and all claims claims, damages, or causes of action of any and every kind, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from kind related to Employee’s employment relationship with IDTany Company Party, the termination of that employment relationship and/or such employment, and any other employmentacts or omissions related to any matter on or prior to the date of this Agreement including without limitation any alleged violation through the date of this Agreement of: (a) the Age Discrimination in Employment Act of 1967, as amended; (b) Title VII of the Civil Rights Act of 1964, as amended; (c) the Civil Rights Act of 1991; (d) Section 1981 through 1988 of Title 42 of the United States Code, as amended; (e) Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (f) the Americans with Disabilities Act of 1990, as amended; (g) the National Labor Relations Act, as amended; (h) the Occupational Safety and Health Act, as amended; (i) the Family and Medical Leave Act of 1993; (j) any state anti-related dealings discrimination law; (k) any state wage and hour law; (l) any other local, state or federal law, regulation or ordinance; (m) any public policy, contract, tort, or common law claim; (n) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters; (o) any and all rights, benefits or claims Employee may have under any employment contract, incentive compensation plan or stock option plan with any Company Party or to any ownership interest in any Company Party except as expressly provided in the Separation Agreement and any stock option or other equity compensation agreement between Employee and IDT that have occurred during Employee’s term a Company Party; and (p) any claim for compensation or benefits of employment with IDT, whether based on tort, contract (express or implied) any kind not expressly set forth in this Agreement or any federalsuch stock option or other equity compensation agreement (collectively, state, or local law, statute, or regulation (the “Released Claims”). By way In no event shall the Released Claims include (a) any claim which arises after the date of example this Agreement, (b) any claim to vested benefits under an employee benefit plan, (c) any claims under the terms of this Agreement, or (d) any rights to indemnification from the Company and not in limitation its direct or indirect subsidiaries pursuant to any provisions of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination Company’s (or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, an subsidiaries’) organizational documents or any other category protected directors and officers liability insurance policies maintained by federalthe Company. This Agreement is not intended to indicate that any such claims exist or that, stateif they do exist, local or common lawthey are meritorious. Rather, retaliationEmployee is simply agreeing that, breach in exchange for the consideration set forth in Sections 2 through 7 (except Section 3) of any agreement entered into between the Parties, including but not limited tothis Agreement, any and all employment agreements potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. By signing this Agreement, Employee is bound by it. Anyone who succeeds to Employee’s rights and responsibilities, such as heirs or the executor of Employee’s estate, is also bound by this Agreement. This release also applies to any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional claims brought by any person or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance agency or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations class action under which Employee may have a right or ordinances whether federal, state, or localbenefit. Notwithstanding the foregoingthis release of liability, nothing in this Agreement does not waive rights or claims prevents Employee from filing any non-legally waivable claim (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as including a matter of law, and it does not restrict or limit Employee’s right challenge to challenge the validity of this Agreement. Nor does this Agreement waive rights ) with the Equal Employment Opportunity Commission (“EEOC”) or claims under federal comparable state or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee’s right in and to Employee’s equity in IDT, including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. Employee agrees not to bring or join any lawsuit against any of the Company Parties in any court relating to any of the Released Claims. Employee represents that Employee has not brought or joined any lawsuit or filed any charge or claim against any of the Company Parties in any court or before any federal government agency and has made no assignment of any rights Employee has asserted or state agency, including may have against any of the Equal Employment Opportunity Commission. However, while Employee may file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right Company Parties to any individual monetary recovery person or entity, in each case, with respect to any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity CommissionReleased Claims.

Appears in 1 contract

Samples: Separation Agreement (Linn Energy, LLC)

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