Common use of Executive’s Release Clause in Contracts

Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreement, Executive does hereby for himself/herself and for his/her heirs, executors, successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination from employment that have occurred prior to and including the Effective Date of this Release, except those matters specifically set forth herein and except for (i) any pension or retirement benefits that may have vested on Executive's behalf and (ii) any claim Executive may have with respect to the Severance Benefits or the Change of Control Agreement.

Appears in 4 contracts

Samples: Agreement (Invacare Corp), Agreement (Invacare Corp), Agreement (Invacare Corp)

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Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreement, Executive does hereby for himself/himself or herself and for his/his or her heirs, executors, successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's ’s fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's ’s employment and termination from employment that have occurred prior to and including the Effective Date of this Release, except those matters specifically set forth herein and except for (i) any pension or retirement benefits that may have vested on Executive's ’s behalf and (ii) any claim Executive may have with respect to the Severance Benefits or the Change of Control Agreement.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Employment Agreement between Executive and the Company dated January 21, 2015 (the “Employment Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis separation from employment, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation from employment under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to the Severance Benefits or the Change has under any applicable policies of Control Directors and Officers liability insurance, and except for any rights Executive has under any Indemnity Agreement.

Appears in 1 contract

Samples: Employment Agreement (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements benefits set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, Affiliates, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sxxxxxxx-Xxxxx Act of 2002, the Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company Entities or any of its their directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the Effective Date of this ReleaseAgreement as defined in Section 4.12 hereof, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his termination under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive has under any 3 DOCVARIABLE ndGeneratedStamp 4825-6133-7341, v.2 applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Indemnity Agreement. Employee may have with respect file a charge with, testify, assist, or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or state fair employment practices agency as to the Severance Benefits or employment laws enforced by such agencies; provided, however, that Employee understands and agrees that he is waiving and releasing his rights to monetary damages under such laws by reason of his agreement to the Change of Control Agreementgeneral release language stated above.

Appears in 1 contract

Samples: Separation Agreement and Release and Waiver of Claims (RPM International Inc/De/)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Separation Agreement and Release between Executive and the Company dated October __, 2018 (the “Separation Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis separation from employment as of the Separation Date, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Indemnity Agreement. Moreover, Executive may have with respect file a charge with, testify, assist, or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or state fair employment practices agency as to the Severance Benefits or employment laws enforced by such agencies; provided, however, that Executive understands and agrees that he is waiving and releasing his rights to monetary damages under such laws by reason of his agreement to the Change of Control Agreementgeneral release language stated above.

Appears in 1 contract

Samples: Separation Agreement and Release (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change Separation Agreement and General Release between Executive and the Company entered into as of Control December 5, 2022 (the “Separation Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation degradation, or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this General Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date of this ReleaseDate”), except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation from employment under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under any Indemnity Agreement or right to the Severance Benefits or the Change of Control Agreementindemnification pursuant to applicable law.

Appears in 1 contract

Samples: Separation Agreement and General Release (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Retirement Agreement and Release between Executive and the Company dated November __, 2014 (the “Retirement Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis retirement as of the Retirement Date, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his retirement under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Severance Benefits or the Change of Control Indemnity Agreement.

Appears in 1 contract

Samples: Retirement Agreement and Release (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Retirement Agreement and Release between Employee and the Company dated July __, 2014 (the “Retirement Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis retirement as of the Retirement Date, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his retirement under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Severance Benefits or the Change of Control Indemnity Agreement.

Appears in 1 contract

Samples: Retirement Agreement and Release (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements benefits set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, Affiliates, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the Effective Date of this ReleaseAgreement as defined in Section 4.12 hereof, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his termination under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Indemnity Agreement. Employee may have with respect file a charge with, testify, assist, or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or state fair employment practices agency as to the Severance Benefits or employment laws enforced by such agencies; provided, however, that Employee understands and agrees that he is waiving and releasing his rights to monetary damages under such laws by reason of his agreement to the Change of Control Agreementgeneral release language stated above.

Appears in 1 contract

Samples: Separation Agreement and Release and Waiver of Claims (RPM International Inc/De/)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Employment Agreement between Executive and the Company dated [ ] (the “Employment Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis separation from employment, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation from employment under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to the Severance Benefits or the Change has under any applicable policies of Control Directors and Officers liability insurance, and except for any rights Executive has under any Indemnity Agreement.

Appears in 1 contract

Samples: Employment Agreement (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Retirement Agreement and Release between Executive and the Company dated November __, 2014 (the “Retirement Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis retirement as of the Retirement Date, except those matters specifically set forth herein and in the Retirement Benefit Agreement, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his retirement under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Severance Benefits or the Change of Control Indemnity Agreement.

Appears in 1 contract

Samples: Retirement Agreement and Release (Invacare Corp)

Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employeesExecutives, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974ERISA, as amended (ERISA), the The Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's ’s fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee Executive benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's ’s employment and termination from employment that which have occurred prior to and including the Effective Date of this ReleaseAgreement, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that which may have vested on Executive's behalf ’s behalf, if any, and (ii) except for any claim Executive may have with respect to claims arising out of Executive’s status as a shareholder or director of the Severance Benefits or the Change of Control AgreementCompany.

Appears in 1 contract

Samples: Chart Industries Inc

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Executive’s Release. In consideration Except for those obligations of the Company under this Agreement and the Equity Awards (as modified hereby) and in consideration for the promises described herein, the Executive, on behalf of himself and agreements set forth in the Change of Control Agreementhis dependents, Executive does hereby for himself/herself and for his/her successors, heirs, executors, successors and assigns, release agents, and forever discharge executors (collectively, the Company“Releasors”), hereby releases and discharges and covenants not to xxx, to the maximum extent permitted by law, the Company and its predecessors, successors, subsidiaries, parents, subsidiariesbranches, divisions, and affiliated businessesother affiliates, direct or indirectand each of their current and former directors, if any, together with its and their respective officers, directorsemployees, shareholders, managementmembers, representatives, agentsattorneys, employeessuccessors and assignees, successors, assignspast and present, and attorneys, both known each of them (individually and unknown, in both their personal and agency capacities (collectively, the the Company EntitiesReleasees”) of from and from with respect to any and all claims, wages, agreements, obligations, demands, damages, actions or causes of action, suitsrights, claimsliabilities, charges, complaints, contracts, whether oral costs or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason concealed or hidden (collectively, “Claims”), of any matter kind whatsoever, related to any fact, circumstance or thingevent occurring or existing at any time before the Executive’s execution of this Agreement, arising out of or in any way connected withwith the Executive’s engagement by, directly employment relationship with or indirectlyseparation from the Company, including by way of example only, any acts Claims for severance pay, bonus or omissions similar benefit, sick leave, pension, retirement, vacation pay, life insurance, health or medical insurance or any other fringe benefit, any benefits arising from any ERISA benefit plan, workers’ compensation or disability, Claims of breach of contract, tort Claims, any Claims under Title VII of the Company Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, or any other federal, state or local law, regulation or ordinance, including Claims for attorneys’ fees. The Executive, on behalf of its directorsthe Releasors, officers, shareholders, employees and/or agents arising out of Executive's employment expressly waives any and termination from employment that have occurred prior to and including the Effective Date of this Release, except those matters specifically set forth herein and except for (i) any pension all rights granted by federal or retirement benefits state law or regulation that may have vested on limit the release of unknown claims. Nothing in this Agreement, however, shall be construed as prohibiting the Executive from filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”). The Executive further understands that this Agreement does not limit the Executive's behalf and (ii) ’s ability to communicate with any claim Executive Government Agency or otherwise participate in any investigation or proceeding that may have with respect be conducted by any Government Agency, including providing documents or other information, without notice to the Severance Benefits Company. However, to the maximum extent permitted by law, the Executive agrees that if such a charge or complaint is made, the Change Executive shall not be entitled to recover any individual monetary relief or other individual remedies. This Agreement does not limit or prohibit the Executive’s right to receive an award for information provided to any Government Agency to the extent that such limitation or prohibition is a violation of Control Agreementlaw.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Penn Virginia Corp)

Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, "the Company Entities") of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation degradation, or humiliation, that Executive might now have has or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of any of the Company Entities or any of its their respective directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that or his service as an officer of any of the Company Entities which have occurred prior to and including the Effective Date of this ReleaseAgreement, except those matters specifically set forth herein and claims based upon conduct as to which release cannot be effected under applicable law and except for (i) any pension or retirement benefits that which may have vested on Executive's behalf and (ii) any claim Executive may have with respect to the Severance Benefits or the Change of Control Agreementbehalf, if any.

Appears in 1 contract

Samples: Separation Agreement and Release (Metatec International Inc)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Employment Agreement between Executive and the Company dated July 23, 2014 (the “Employment Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis separation from employment, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation from employment under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to the Severance Benefits or the Change has under any applicable policies of Control Directors and Officers liability insurance, and except for any rights Executive has under any Indemnity Agreement.

Appears in 1 contract

Samples: Employment Agreement (Invacare Corp)

Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, the the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, including but not limited to Title VII of The Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974ERISA, as amended (ERISA), the The Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's ’s fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's ’s employment and termination from employment that which have occurred prior to and including the Effective Date of this ReleaseAgreement, except those matters specifically set forth herein (including the compensation and benefits set forth in §8(a)(iii) of the Employment Agreement), and except for (i) any other health, welfare, pension or retirement benefits that which may have vested on Executive's behalf and (ii) any claim Executive may have with respect to the Severance Benefits or the Change of Control Agreement’s behalf, if any.

Appears in 1 contract

Samples: Transition Agreement (Chart Industries Inc)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Employment Agreement between Executive and the Company dated March 27, 2020 (the “Employment Agreement”), Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releasehis separation from employment, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his separation from employment under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to the Severance Benefits or the Change has under any applicable policies of Control Directors and Officers liability insurance, and except for any rights Executive has under any Indemnity Agreement.

Appears in 1 contract

Samples: Employment Agreement (Invacare Corp)

Executive’s Release. In consideration of the promises and agreements set forth in the Change of Control Agreementherein, Executive does hereby for himself/herself himself and for his/her his heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the Effective Date of this ReleaseAgreement, or which may arise as a result of his retirement as of the Retirement Date, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to his retirement under the generally applicable terms of such programs, and (ii) except for any claim Executive may have with respect to claims arising solely out of Executive’s status as a shareholder of the Severance Benefits or the Change of Control AgreementCompany.

Appears in 1 contract

Samples: Retirement Agreement and Release (Invacare Corp)

Executive’s Release. In For consideration in the form of the promises payments and agreements set forth benefits described in the Change of Control Separation Agreement and Release between Executive and the Company dated December 14, 2017 (the “Separation Agreement”), Executive does hereby for himself/herself and for his/her heirs, executors, successors and assigns, release and forever discharge the Company, its parentsparent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, “the Company Entities”) of and from any and all claims, demands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or written, express or implied and promises, at law or in equity, of whatsoever kind or nature, including but not limited to any alleged violation of any state or federal anti-discrimination or anti-retaliation statutes or regulations, including but not limited to Title VII of The the Civil Rights Act of 1964, 1964 as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act (“FMLA”), Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the False Claims Act, breach of any express or implied contract or promise, wrongful discharge, violation of public policy, or tort, all demands for attorney's fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, and any claims for emotional distress, degradation or degradation, humiliation, that Executive might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Executive's employment and termination separation from employment that which have occurred prior to and including the date this Release of Claims (“Release”) becomes effective pursuant to Section 7 hereof (the “Effective Date Date”), or which may arise as a result of this Releaseher separation from employment as of the Separation Date, except those matters specifically set forth herein herein, and except for (i) any health, welfare, pension or retirement benefits that benefits, if any, which may have vested on Executive's behalf prior to her separation under the generally applicable terms of such programs, and (ii) except for any claim claims arising solely out of Executive’s status as a shareholder of the Company, and except for any rights Executive may have with respect to has under any applicable policies of Directors and Officers liability insurance, and except for any rights Executive has under the Severance Benefits or the Change of Control Indemnity Agreement.

Appears in 1 contract

Samples: Separation Agreement and Release (Invacare Corp)

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