Full and Final Release. a. In exchange for the consideration provided to Employee under this Agreement, Employee agrees, on behalf of Employee and his/her heirs, agents, assigns, and personal representatives, to release and discharge the Company, and all of its divisions, parents, subsidiaries, affiliates, predecessors, successors, employee benefit plans, assigns, and any other entity related to it, and each of their directors, officers, employees, members, insurers, fiduciaries, administrators, agents and anyone else acting for any of them (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action at law or in equity, damages, fees, costs, or relief, of whatsoever kind or nature, whether known or unknown, to the fullest extent allowed by law, including but not limited to anything to do with Employee’s employment, the terms, conditions, rights, and benefits of Employee’s employment, or the end of Employee’s employment, that arose on or before the date that Employee signs this Agreement (collectively, the “Released Claims”), including but not limited to: - alleged violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended; the Americans with Disabilities Act (“ADA”), as amended; the Age Discrimination in Employment Act (“ADEA”), as amended; the Older Workers Benefits Protection Act (“OWBPA”), as amended; the Family and Medical Leave Act (“FMLA”), as amended; ▇▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇, and False Claims Act, all as amended; the National Labor Relations Act (“NLRA”), as amended; the Worker Adjustment and Retraining Notification Act (“WARN”); the Michigan ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Act, as amended; the Michigan Equal Pay Law, as amended; the Michigan Persons with Disabilities Civil Rights Act, as amended, and any other federal, state, local, or municipal statute, law, ordinance, or regulation; - alleged violations of or relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), whether for legal or equitable relief and whether brought in an individual or representative capacity on behalf of Employee, others, or any plan; - alleged violations of common law, tort, and contract claims; claims for any pay, equity, compensation, leave, or benefits, including bonuses, commissions, equity, expenses, incentives, insurance, employee benefits, retiree reimbursement credits, paid/unpaid leave, profit sharing, or separation pay/benefits; - alleged claims for emotional distress breach of contract, wrongful discharge, injury to personal reputation, or defamation, including for punitive or liquidated damages, attorneys’ fees, costs, interest or penalties; - alleged violations of express or implied employment or employment-related contracts, covenants, promises or duties, intellectual property or other proprietary rights; - alleged unlawful or tortious conduct such as assault or battery; background check violations; defamation; detrimental reliance; breaches of fiduciary duty; estoppel; inequitable conduct of any kind; fraud; indemnification; intentional or negligent infliction of emotional distress; interference with contractual or other legal rights; invasion of privacy; loss of consortium; misrepresentation; negligence (including negligent hiring, retention, or supervision); personal injury; promissory estoppel; public policy violation; retaliatory discharge; safety violations; posting or records-related violations; wrongful discharge; or other federal, state or local statutory or common law matters; and - any participation in any class or collective action, or any action brought in a representative or derivative capacity, against any Releasee. This release does not include claims that by law cannot be released by private agreement. b. Employee represents that neither Employee nor his/her agents, assigns, or personal representatives have any claims, complaints, or other proceedings pending in any court against any of the Released Parties. Employee further represents that (s)he has not assigned any claims against any of the Released Parties to any other person or entity.
Appears in 2 contracts
Sources: Waiver and Release Agreement (Whirlpool Corp /De/), Waiver and Release Agreement (Whirlpool Corp /De/)
Full and Final Release. a. In exchange for the consideration provided to Employee under this Agreement, Employee agrees, on behalf of Employee and his/her heirs, agents, assigns, and personal representatives, to release and discharge the Company, and all of its divisions, parents, subsidiaries, affiliates, predecessors, successors, employee benefit plans, assigns, and any other entity related to it, and each of their directors, officers, employees, members, insurers, fiduciaries, administrators, agents and anyone else acting for any of them (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action at law or in equity, damages, fees, costs, or relief, of whatsoever kind or nature, whether known or unknown, to the fullest extent allowed by law, including but not limited to anything to do with Employee’s employment, the terms, conditions, rights, and benefits of Employee’s employment, or the end of Employee’s employment, that arose on or before the date that Employee signs this Agreement (collectively, the “Released Claims”), including . The Released Claims include but are not limited to: - alleged violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended; the Americans with Disabilities Act (“ADA”), as amended; the Age Discrimination in Employment Act (“ADEA”), as amended; the Older Workers Benefits Protection Act (“OWBPA”), as amended; the Family and Medical Leave Act (“FMLA”), as amended; ▇▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇, and False Claims Act, all as amended; the National Labor Relations Act (“NLRA”), as amended; the Worker Adjustment and Retraining Notification Act (“WARN”); the Michigan ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Act, as amended; the Michigan Equal Pay Law, as amended; the Michigan Persons with Disabilities Civil Rights Act, as amendedamended1, and any other federal, state, local, or municipal statute, law, ordinance, or regulation; - alleged violations of or relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), whether for legal or equitable relief and whether brought in an individual or representative capacity on behalf of Employee, others, or any plan; - alleged violations of common law, tort, and contract claims; claims for any pay, equity, compensation, leave, or benefits, including bonuses, commissions, equity, expenses, incentives, insurance, employee benefits, retiree reimbursement credits, paid/unpaid leave, profit sharing, or separation pay/benefits; - alleged claims for emotional distress breach of contract, wrongful discharge, injury to personal reputation, or defamation, including for punitive or liquidated damages, attorneys’ fees, costs, interest or penalties; - alleged violations of express or implied employment or employment-related contracts, covenants, promises or duties, intellectual property or other proprietary rights; - alleged unlawful or tortious conduct such as assault or battery; background check violations; defamation; detrimental reliance; breaches of fiduciary duty; estoppel; inequitable conduct of any kind; fraud; indemnification; intentional or negligent infliction of emotional distress; interference with contractual or other legal rights; invasion of privacy; loss of consortium; misrepresentation; negligence (including negligent hiring, retention, or supervision); personal injury; promissory estoppel; public policy violation; retaliatory discharge; safety violations; posting or records-related violations; wrongful discharge; or other federal, state or local statutory or common law matters; and 1 Including but not limited to claims under the laws of the state(s) in which Employee resides, is employed by the Company and in which the Company is incorporated and does business. This release waives claims under the New Jersey Conscientious Employee Protection Act, claims under the Massachusetts Wage Act such as claims for unpaid or late payment of wages, unpaid overtime, vacation payments, commission payments, meal period violations and unpaid tips, and California employees also specifically waive all rights and benefits under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” The term “creditor or “releasing party” in the above quote refers to the employee and the term “debtor or released party” refers to the Employer and other Released Parties. Pursuant to the West Virginia Human Rights Act, West Virginia employees who need an attorney may call the West Virginia State Bar Association at (▇▇▇) ▇▇▇-▇▇▇▇. - any participation in any class or collective action, or any action brought in a representative or derivative capacity, against any Releasee. This release does not include claims that by law cannot be released by private agreement.
b. Employee represents that neither Employee nor his/her agents, assigns, or personal representatives have any claims, complaints, or other proceedings pending in any court against any of the Released Parties. Employee further represents that (s)he has not assigned any claims against any of the Released Parties to any other person or entity.
c. Employee understands that nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities Exchange Commission, or any federal, state or local agency, or from exercising any rights under Section 7 of the National Labor Relations Act. Employee agrees to waive his/her right to recover monetary damages based on any Released Claims related to any such charge or proceeding or in any charge, complaint, or lawsuit filed by Employee or by anyone else on Employee’s behalf, except that Employee may receive monies that are properly awarded by the Securities Exchange Commission or where such a waiver of individual relief is prohibited.
Appears in 1 contract
Full and Final Release. a. In exchange for consideration of the consideration payments being provided to Employee under this Agreementhim above, Employee agrees▇▇. ▇▇▇▇▇▇▇▇▇, on behalf of Employee for himself, his attorneys, heirs, executors, administrators, successors and his/her heirsassigns, fully, finally and forever releases and discharges KCW, K-C, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, assignsrepresentatives, attorneys, and personal representatives, to release and discharge the Company, and employees (all of its divisions, parents, subsidiaries, affiliates, predecessors, successors, employee benefit plans, assigns, and any other entity related whom are referred to it, and each of their directors, officers, employees, members, insurers, fiduciaries, administrators, agents and anyone else acting for any of them (collectively, the throughout this Agreement as “Released PartiesKCC”), of and from any and all claims, demands, actions, causes of action at law or in equityaction, suits, damages, feeslosses, costs, or reliefand expenses, of whatsoever kind any and every nature whatsoever, as a result of actions or natureomissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, whether known among other things, any and all claims of alleged employment discrimination, either as a result of the separation of ▇▇. ▇▇▇▇▇▇▇▇▇’▇ employment or unknownotherwise, to any claims under any KCC severance pay plan, under the fullest extent allowed by lawAge Discrimination in Employment Act, including but not limited to anything to do with Employee’s employment, the terms, conditions, rights, and benefits of Employee’s employment, or the end of Employee’s employment, that arose on or before the date that Employee signs this Agreement (collectively, the “Released Claims”), including but not limited to: - alleged violations of Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended; the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (“ADA”USERRA), as amended; the Age Discrimination in Employment Act (“ADEA”)any other federal, state or local statute, rule, ordinance, or regulation, as amended; well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the Older Workers Benefits Protection Act (“OWBPA”)existence of which is specifically denied by KCC. Nothing in this Agreement, as amended; the Family and Medical Leave Act (“FMLA”)however, as amended; is intended to waive ▇▇. ▇▇▇▇▇▇▇▇-▇’▇ entitlement to vested benefits under any pension, 401(k) plan or other benefit plan provided by KCC. Finally, the above release does not waive claims that ▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇, and False Claims Act, all as amended; the National Labor Relations Act (“NLRA”), as amended; the Worker Adjustment and Retraining Notification Act (“WARN”); the Michigan . ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Actcould make, as amended; the Michigan Equal Pay Lawif available, as amended; the Michigan Persons with Disabilities Civil Rights Act, as amended, for unemployment or workers’ compensation and also excludes any other federal, state, local, or municipal statute, law, ordinance, or regulation; - alleged violations of or relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), whether for legal or equitable relief and whether brought in an individual or representative capacity on behalf of Employee, others, or any plan; - alleged violations of common law, tort, and contract claims; claims for any pay, equity, compensation, leave, or benefits, including bonuses, commissions, equity, expenses, incentives, insurance, employee benefits, retiree reimbursement credits, paid/unpaid leave, profit sharing, or separation pay/benefits; - alleged claims for emotional distress breach of contract, wrongful discharge, injury to personal reputation, or defamation, including for punitive or liquidated damages, attorneys’ fees, costs, interest or penalties; - alleged violations of express or implied employment or employment-related contracts, covenants, promises or duties, intellectual property or other proprietary rights; - alleged unlawful or tortious conduct such as assault or battery; background check violations; defamation; detrimental reliance; breaches of fiduciary duty; estoppel; inequitable conduct of any kind; fraud; indemnification; intentional or negligent infliction of emotional distress; interference with contractual or other legal rights; invasion of privacy; loss of consortium; misrepresentation; negligence (including negligent hiring, retention, or supervision); personal injury; promissory estoppel; public policy violation; retaliatory discharge; safety violations; posting or records-related violations; wrongful discharge; or other federal, state or local statutory or common law matters; and - any participation in any class or collective action, or any action brought in a representative or derivative capacity, against any Releasee. This release does not include claims that by law claim which cannot be released by private agreement.
b. Employee represents that neither Employee nor his/her agents, assigns, or personal representatives have any claims, complaints, or other proceedings pending in any court against any of the Released Parties. Employee further represents that (s)he has not assigned any claims against any of the Released Parties to any other person or entity.
Appears in 1 contract
Full and Final Release. a. In exchange for the consideration benefits provided to Employee by the Company under this Agreement, Employee agrees, on behalf of Employee you fully and his/her heirs, agents, assigns, and personal representatives, to forever release and discharge the Company, and all of its divisions, parents, subsidiaries, affiliates, predecessorsand related entities and all of their respective agents, attorneys, employees, officers, directors, shareholders, members, managers, employee benefit plans and fiduciaries, insurers, successors, employee benefit plans, and assigns, and any other entity related to it, and each of their directors, officers, employees, members, insurers, fiduciaries, administrators, agents and anyone else acting for any of them (collectively, the “Released Parties”), ) from any and all claims, demands, actions, causes of action at law or in equity, damages, fees, costs, or relief, of whatsoever kind or natureclaims and potential claims that may legally be waived by private agreement, whether known or unknown, which you have asserted or could assert against the Company arising out of or relating in any way to the fullest extent allowed by lawany acts, circumstances, facts, transactions, omissions, based on facts occurring up to and including but not limited to anything to do with Employee’s employment, the terms, conditions, rights, and benefits of Employee’s employment, or the end of Employee’s employment, that arose on or before the date that Employee signs you sign this Agreement (collectively, the “Released Claims”). You understand that you are releasing such Claims on behalf of yourself and all persons who could make Claims under, including through or by you, such as your spouse, heirs, executors, or assignees. This release includes, but is not limited to: - alleged violations of , (i) any and all Claims arising under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended; the Americans with Disabilities Civil Rights Act (“ADA”)of 1866, as amended; the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended; the Older Workers Benefits Protection Act (“OWBPA”), as amended; the Family and Medical Leave Act, the Employee Retirement Income Security Act (“FMLAERISA”), as amended; ▇▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇, and False Claims Act, all as amended; the National Labor Relations Act (“NLRA”), as amended; the Pregnancy Discrimination Act, the Worker Adjustment and Retraining Notification Act, the Americans with Disabilities Act, the Uniformed Services Employment and Reemployment Rights Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, the Equal Pay Act, the Arizona Civil Rights Act, the Florida Civil Rights Act (“WARN”); the Michigan of 1992, Michigan’s ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Act, as amended; the Michigan Equal Pay Law, as amended; the Michigan Persons with Disabilities Civil Rights Act, as amendedthe Michigan Wage Payment Act, the Michigan Whistleblower's Protection Act, Michigan’s ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Right to Know Act, the Nebraska Fair Employment Practices Act, the North Carolina Equal Employment Practices Act, the North Carolina Persons with Disabilities Protection Act, the North Carolina Retaliatory Employment Discrimination Act, the Pennsylvania Human Relations Act, the Rhode Island Fair Employment Practices Act, the Rhode Island Civil Rights of People with Disabilities Act, any amendments to such laws, and any other federal, state, localor local constitution, or municipal statutecharter, law, rule, ordinance, or regulation; - alleged violations of or relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), whether for legal or equitable relief and whether brought in an individual or representative capacity on behalf of Employee, others, or any planorder; - alleged violations of and (ii) Claims in equity or under common lawlaw including, but not limited to, claims for tort, and contract claims; claims for any pay, equity, compensation, leave, or benefits, including bonuses, commissions, equity, expenses, incentives, insurance, employee benefits, retiree reimbursement credits, paid/unpaid leave, profit sharing, or separation pay/benefits; - alleged claims for emotional distress breach of contractcontract (express or implied, written or oral), wrongful discharge, injury to personal reputation, or defamation, including for punitive or liquidated damages, attorneys’ fees, costs, interest or penalties; - alleged violations of express or implied employment or employment-related contracts, covenants, promises or duties, intellectual property or other proprietary rights; - alleged unlawful or tortious conduct such as assault or battery; background check violations; defamation; detrimental reliance; breaches of fiduciary duty; estoppel; inequitable conduct of any kind; fraud; indemnification; intentional or negligent infliction of emotional distress; interference with contractual or other legal rights; invasion of privacy; loss of consortium; misrepresentation; negligence (including negligent hiring, retention, or supervision); personal injury; promissory estoppel; public policy violation; retaliatory discharge; safety violations; posting or records-related violations; wrongful discharge; or other federal, state or local statutory or common law matters; and - any participation in any class or collective action, or any action brought in a representative or derivative capacity, against any Releasee. This release does not include claims that by law cannot be released by private agreementnegligence.
b. Employee represents that neither Employee nor his/her agents, assigns, or personal representatives have any claims, complaints, or other proceedings pending in any court against any of the Released Parties. Employee further represents that (s)he has not assigned any claims against any of the Released Parties to any other person or entity.
Appears in 1 contract
Sources: Separation Agreement (West Pharmaceutical Services Inc)
Full and Final Release. a. In exchange for the consideration provided to Employee under this Agreement, Employee agrees, on behalf of Employee and his/her heirs, agents, assigns, and personal representatives, to release and discharge the Company, and all of its divisions, parents, subsidiaries, affiliates, predecessors, successors, employee benefit plans, assigns, and any other entity related to it, and each of their directors, officers, employees, members, insurers, fiduciaries, administrators, agents and anyone else acting for any of them (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action at law or in equity, damages, fees, costs, or relief, of whatsoever kind or nature, whether known or unknown, to the fullest extent allowed by law, including but not limited to anything to do with Employee’s employment, the terms, conditions, rights, and benefits of Employee’s employment, or the end of Employee’s employment, that arose on or before the date that Employee signs this Agreement (collectively, the “Released Claims”), including . The Released Claims include but are not limited to: - • alleged violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended; the Americans with Disabilities Act (“ADA”), as amended; the Age Discrimination in Employment Act (“ADEA”), as amended; the Older Workers Benefits Protection Act (“OWBPA”), as amended; the Family and Medical Leave Act (“FMLA”), as amended; ▇▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇, and False Claims Act, all as amended; the National Labor Relations Act (“NLRA”), as amended; the Worker Adjustment and Retraining Notification Act (“WARN”); the Michigan ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Act, as amended; the Michigan Equal Pay Law, as amended; the Michigan Persons with Disabilities Civil Rights Act, as amended, and any other federal, state, local, or municipal statute, law, ordinance, or regulation; - • alleged violations of or relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), whether for legal or equitable relief and whether brought in an individual or representative capacity on behalf of Employee, others, or any plan; - • alleged violations of common law, tort, and contract claims; claims for any pay, equity, compensation, leave, or benefits, including bonuses, commissions, equity, expenses, incentives, insurance, employee benefits, retiree reimbursement credits, paid/unpaid leave, profit sharing, or separation pay/benefits; - • alleged claims for emotional distress breach of contract, wrongful discharge, injury to personal reputation, or defamation, including for punitive or liquidated damages, attorneys’ fees, costs, interest or penalties; - • alleged violations of express or implied employment or employment-employment- related contracts, covenants, promises or duties, intellectual property or other proprietary rights; - • alleged unlawful or tortious conduct such as assault or battery; background check violations; defamation; detrimental reliance; breaches of fiduciary duty; estoppel; inequitable conduct of any kind; fraud; indemnification; intentional or negligent infliction of emotional distress; interference with contractual or other legal rights; invasion of privacy; loss of consortium; misrepresentation; negligence (including negligent hiring, retention, or supervision); personal injury; promissory estoppel; public policy violation; retaliatory discharge; safety violations; posting or records-related violations; wrongful discharge; or other federal, state or local statutory or common law matters; and - • any participation in any class or collective action, or any action brought in a representative or derivative capacity, against any Releasee. This release does not include claims that by law cannot be released by private agreement. 1 Including but not limited to claims under the laws of the state(s) in which Employee resides, is employed by the Company and in which the Company is incorporated and does business. This release waives claims under the New Jersey Conscientious Employee Protection Act, claims under the Massachusetts Wage Act such as claims for unpaid or late payment of wages, unpaid overtime, vacation payments, commission payments, meal period violations and unpaid tips, and California employees also specifically waive all rights and benefits under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” The term “creditor or “releasing party” in the above quote refers to the employee and the term “debtor or released party” refers to the Employer and other Released Parties. Pursuant to the West Virginia Human Rights Act, West Virginia employees who need an attorney may call the West Virginia State Bar Association at (866) 989- 8227.
b. Employee represents that neither Employee nor his/her agents, assigns, or personal representatives have any claims, complaints, or other proceedings pending in any court against any of the Released Parties. Employee further represents that (s)he has not assigned any claims against any of the Released Parties to any other person or entity.
c. Employee understands that nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities Exchange Commission, or any federal, state or local agency, or from exercising any rights under Section 7 of the National Labor Relations Act. Employee agrees to waive his/her right to recover monetary damages based on any Released Claims related to any such charge or proceeding or in any charge, complaint, or lawsuit filed by Employee or by anyone else on Employee’s behalf, except that Employee may receive monies that are properly awarded by the Securities Exchange Commission or where such a waiver of individual relief is prohibited.
Appears in 1 contract