Common use of Executive Release of Rights Clause in Contracts

Executive Release of Rights. The Executive (defined for the purpose of this Paragraph 3 as the Executive and the Executive's agents, representatives, attorneys, assigns, heirs, executors, and administrators) irrevocably, fully, and unconditionally releases the Released Parties (defined as the Company, Holdings, the LLC, Xxxxxx Xxxxxx Partners IV, L.P., Xxxxxx Xxxxxx, Inc., and each of their affiliated companies, parents, subsidiaries, predecessors, successors, assigns, divisions, related entities and any of their past or present employees, officers, agents, insurers, attorneys, administrators, officials, directors, shareholders, employee benefit plans, and the sponsors, fiduciaries, or administrators of the Company's employee benefit plans) from any and all liability, claims, demands, actions, causes of action, suits, grievances, debts, sums of money, agreements, promises, damages, back and front pay, costs, expenses, attorneys' fees, and remedies of any type, arising or that may have arisen out of or in connection with the Executive's employment with or termination of employment from the Company, from the beginning of time to the date hereof, including but not limited to claims, actions or liability under: (1) Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Workers' Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, the New York State Human Rights law, or the Administrative Code of the City of New York, all as amended; (2) any other federal, state or local statute, ordinance, or regulation regarding employment, termination of employment, or discrimination in employment, and (3) the common law relating to employment contracts, wrongful discharge. defamation, or any other matter.

Executive Release of Rights. The Executive (defined for the purpose of this Paragraph Section 3 as the Executive and the Executive's ’s agents, representatives, attorneys, assigns, heirs, executors, and administrators) irrevocably, fully, and unconditionally releases the Released Parties (defined as the Company, Holdingsthe Affiliates, the LLC, Xxxxxx Xxxxxx DLJ Merchant Banking Partners IV, L.P., Xxxxxx Xxxxxx, Inc., and each of their respective affiliated companies, parents, subsidiaries, predecessors, successors, assigns, divisions, related entities and any of their respective past or present employees, officers, agents, insurers, attorneys, administrators, officials, directors, shareholders, employee benefit plans, and the sponsors, fiduciaries, or administrators of the Company's employee benefit plansplans of the Company or any of the Affiliates) from any and all liability, claims, demands, actions, causes of action, suits, grievances, debts, sums of money, agreements, promises, damages, back and front pay, costs, expenses, attorneys' ’ fees, and remedies of any type, arising or that may have arisen out of or in connection with the Executive's ’s employment with or termination of employment from the CompanyCompany or any of the Affiliates, from the beginning of time to through the date hereof, including but not limited to claims, actions or liability under: (1) Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Workers' ’ Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, the New York State Human Rights law, or the Administrative Code of the City of New York, all as amended; (2) any other federal, state or local statute, ordinance, or regulation regarding employment, termination of employment, or discrimination in employment, and (3) the common law relating to employment contracts, wrongful discharge. , defamation, or any other matter. Notwithstanding the foregoing, the parties agree that the release of rights provided by the Executive under this Section 3 shall not include or cover any claims by the Executive relating to: (A) the Executive’s rights under this Agreement; (B) the Executive’s rights to benefits under the Company’s 401(k) plan (subject to the terms and conditions thereof); or (C) the Executive’s rights with respect to his Class A Units (as defined therein) under the Amended and Restated Limited Liability Company Agreement of RG Tube Holdings LLC, a Delaware limited liability company (“RG Tube”), dated as of April 16, 2008, as amended (the “LLC Agreement”), which shall be governed by the LLC Agreement and the Letter Agreement, dated June 15, 2007, between the Executive and RG Tube (the “Side Letter”).

Executive Release of Rights. The Executive (defined for the purpose of this Paragraph Section 3 as the Executive and the Executive's ’s agents, representatives, attorneys, assigns, heirs, executors, and administrators) irrevocably, fully, and unconditionally releases the Released Parties (defined as the Company, Holdingsthe Affiliates, the LLC, Xxxxxx Xxxxxx DLJ Merchant Banking Partners IV, L.P.L.P. (“DLJ”), Xxxxxx Xxxxxx, Inc., and each of their respective affiliated companies, parents, subsidiaries, predecessors, successors, assigns, divisions, related entities and any of their respective past or present employees, officers, agents, insurers, attorneys, administrators, officials, directors, shareholders, employee benefit plans, and the sponsors, fiduciaries, or administrators of the Company's employee benefit plansplans of the Company or any of the Affiliates) from any and all liability, claims, demands, actions, causes of action, suits, grievances, debts, sums of money, agreements, promises, damages, back and front pay, costs, expenses, attorneys' ’ fees, and remedies of any type, arising or that may have arisen out of or in connection with the Executive's ’s employment with or termination of employment from the CompanyCompany or any of the Affiliates, from the beginning of time to through the date hereof, including but not limited to claims, actions or liability under: (1) Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Workers' ’ Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, the New York State Human Rights law, or the Administrative Code of the City of New York, all as amended; (2) any other federal, state or local statute, ordinance, or regulation regarding employment, termination of employment, or discrimination in employment, and (3) the common law relating to employment contracts, wrongful discharge. , defamation, or any other matter. Notwithstanding the foregoing, the parties agree that the release of rights provided by the Executive under this Section 3 shall not include or cover any claims by the Executive relating to: (A) the Executive’s rights under this Agreement; (B) the Executive’s rights to benefits under the Company’s 401(k) plan (subject to the terms and conditions thereof); or (C) the Executive’s rights with respect to his Class A Units (as defined therein) under the Amended and Restated Limited Liability Company Agreement of RG Tube Holdings LLC, a Delaware limited liability company (“RG Tube”), dated as of April 16, 2008, as amended (the “LLC Agreement”), which shall be governed by the LLC Agreement and by: (i) the Letter Agreement, dated June 15, 2007, between the Executive and RG Tube; and (ii) the Letter Agreement, dated October 17, 2008, among the Executive, RG Tube, DLJ and certain of DLJ’s affiliates (collectively, the “Side Letters”).