Common use of General Release and Waiver of Claims Clause in Contracts

General Release and Waiver of Claims. In exchange for the consideration provided in Section 6.2(a), (b), (c), or (d) of the Employment Agreement (or any portion thereof), Executive on behalf of Executive and Executive’s heirs, executors, representatives, agents, insurers, administrators, successors and assigns (collectively the “Releasors”) irrevocably and unconditionally fully and forever waive, release and discharge the Company, each of its subsidiaries and other corporate affiliates and each of their respective executives, officers, directors, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, employees, shareholders, and partners, in their corporate and individual capacities (collectively, the “Releasees”) from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectively, “Claims”), whether known or unknown, from the beginning of time to the date of Executive’s execution of this Release, including, without limitation, any Claims under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Genetic Information Nondiscrimination Act of 2008, the California Fair Employment and Housing Act, as amended, and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and released; and (ii) any tort, contract and/or quasi-contract law, including but not limited to claims of wrongful discharge (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness or any other harm. However, this general release of claims excludes, and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authority.

Appears in 2 contracts

Samples: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry))

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General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections [6.1(b), (bd), and (c), or e)]1/[Sections 6.1(d) and the last sentence of 6.2 ]2/[Sections 6.1 (de) and 6.3(y)]3 of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement in any way whatsoever relating to or arising out of Employee’s employment with the Company Released Parties or the termination thereof. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local discrimination in 1 References to be used in connection with a termination without Cause or foreign law (statutoryfor Good Reason or as a result of Disability. 2 References to be used in connection with a termination as a result of death 3 References to be used in connection with a termination as a result of application of Section 6.3. employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludes, for counsel fees and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authoritycost.

Appears in 2 contracts

Samples: Employment Agreement (Cedar Fair L P), Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(a), (bSections 6.1(a), (c), or (d), (f) and (h) and the last sentence of Section 6.2 of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludes, for counsel fees and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authoritycost.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. a. In exchange for consideration of Employee's right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections [6.1(b), (bd), and (ce), ] References to be used in connection with a termination without Cause or (d) for Good Reason. /[6.1(d)] References to be used in connection with a termination as a result of death or Disability./[Section 6.3(y)] References to be used in connection with a termination as a result of application of Section 6.3. [6.4]of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executive’s the Employee's execution of this Release, includingAgreement in any way whatsoever relating to or arising out of Employee's employment with the Company Released Parties or the termination thereof. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee's employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludes, for counsel fees and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authoritycost.

Appears in 1 contract

Samples: Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. (a) In accordance with Section 4(b)(ii) of the Employment Agreement, in exchange for the consideration provided for in Section 6.2(a)this Agreement, (b)and as a material inducement to both Parties entering into this Agreement, (c)Executive, or (d) of the Employment Agreement (or any portion thereof)for himself, Executive on behalf of Executive and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter, collectively the referenced for purposes of this Paragraph 4 as ReleasorsExecutive) ), hereby irrevocably and unconditionally fully waives, releases and forever waivedischarges Vonage and its past, release present and discharge the Company, each of its subsidiaries and other corporate future affiliates and each of their respective executivesrelated entities, parent and subsidiary corporations, divisions, shareholders, predecessors, officers, directors, ownerstrustees, shareholders employees, attorneys, fiduciaries, administrators, executives, agents, representatives, successors and agents assigns (hereinafter collectively referred to herein for purposes of this Paragraph 4 as the Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, employees, shareholders, and partners, in their corporate and individual capacities (collectively, the “ReleaseesVonage”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the future may claim to have against Vonage based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character whatsoever from the beginning of time to through and including the date of Executive’s execution of this ReleaseTermination Date, including, without limitation, including any Claims under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have claims arising out of, of or in any way related relating to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual Company or alleged act, omission, transaction, practice, conduct, occurrence or other matter, includingthe termination thereof. Such claims include, but are not limited to (i) any and all to, claims arising under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws including, but not limited to, the New Jersey Law Against Discrimination, the New Jersey Wage Payment Law, the New Jersey Family Leave Act, the New Jersey Worker Health and Safety Act, the New Jersey Occupational Safety and Health Laws, and the New Jersey Conscientious Employee Protection Act, all as amended; the common law of the State of New Jersey; any claim under any local or foreign ordinance, including, but not limited to, any ordinance addressing fair employment practices; any common law (statutory, regulatory or otherwise) that may be legally waived and released; and (ii) any tort, contract and/or quasi-contract lawclaims, including but not limited to claims of wrongful discharge (including wrongful termination actions in violation of public policy)tort, defamation, emotional distress, tortious interference with contract, defamation and breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury contract; any claim or sickness damage under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludes, for counsel fees and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authoritycosts.

Appears in 1 contract

Samples: Separation and General Release Agreement (Vonage Holdings Corp)

General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections 6.1(a), (b), (c), or (d), (f) and (h) and the last sentence of Section 6.2 of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludesfor counsel fees, costs and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authorityinterest.

Appears in 1 contract

Samples: Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. In exchange for the consideration provided by Employer [Group] in Section 6.2(a)this Agreement, (b), (c), or (d) of the Employment Agreement (or any portion thereof), Executive on behalf of Executive Employee and Executive’s Employee's heirs, executors, representatives, administrators, agents, [insurers, administrators, successors ,] and assigns (collectively the "Releasors") irrevocably and unconditionally fully and forever waive, release release, and discharge the Company, each of its subsidiaries and other corporate affiliates and each of their respective executives, officers, directors, owners, shareholders and agents (collectively referred to herein as the “Employer [Group”)], including [Employer's/each member of the Employer Group’s 's] parents, subsidiaries, affiliates, predecessors, successors successors, [joint employers,] and assigns, and all each of its and their respective agents, officers, directors, employees, [shareholders, ,] [trustees,] [partners,] and partners[OTHER RELATED PERSONS OR ENTITIES], in their corporate and individual capacities (collectively, the “Releasees”) "Released Parties"), from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever (collectively, “Claims”)whatsoever, whether known or unknownunknown (collectively, from the beginning of time to the date of Executive’s execution of this Release, including, without limitation, any Claims under any federal, state, local or foreign law"Claims"), that Releasors may have, have or have ever had against the Released Parties, or may in the future have any of them, [arising out of, or in any way related to Executive’s Employee's hire, benefits, employment, termination termination, or separation from employment with the Employer Group and [Group]] by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence occurrence, or other mattermatter from the beginning of time up to and including the date of Employee's execution of this Agreement, including, but not limited to (i) to: any and all claims under Title VII of the Civil Rights Act, as amendedAct of 1964 (Title VII), the Americans with Disabilities ActAct (ADA), as amended, [the Family and Medical Leave Act, as amended, Act (FMLA) (regarding existing but not prospective claims),] [the Fair Labor Standards Act, Act (FLSA),] the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended Act (with respect to ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Fair Credit Reporting Act of 2002, as amended(FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, as amended, [the National Labor Relations Act, as amended, Act (NLRA),] [the Age Discrimination in Employment Act, as amended, Act (ADEA),] [the Uniform Services Employment and Reemployment Rights Act (USERRA),] [the Genetic Information Nondiscrimination Act of 2008(XXXX),], the California Fair Employment Immigration Reform and Housing Control Act (IRCA), any claims arising under the Texas Labor Code that may be legally waived and released including the Texas Payday Act, as amendedthe Texas Anti-Retaliation Act, and/or Chapter 21 of the Texas Labor Code and the Texas Whistleblower Act [,OTHER EMPLOYMENT RELATED LOCAL OR COUNTY CODE OR ORDINANCE], all including any amendments and their respective implementing regulations, and any other federal, state, local local, or foreign law (statutory, regulatory regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and (ii) the omission of any specific statute or law shall not limit the scope of this general release in any manner; any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, sick pay, or severance; any and all claims arising under tort, contract and/or contract, or quasi-contract law, including but not limited to claims of wrongful discharge (including wrongful termination in violation breach of public policy), defamation, emotional distressan express or implied contract, tortious interference with contracta contract or prospective business advantage, breach of the implied covenant of good faith and fair dealing, defamationpromissory estoppel, intentional infliction of emotional distressdetrimental reliance, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness sickness, or any other harm, wrongful or retaliatory discharge, fraud, defamation, false imprisonment, and negligent or intentional infliction of emotional distress; [and] any and all claims for monetary or equitable relief, including but not limited to, attorneys' fees and costs, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties[; and indemnification rights that Employee has against Employer [Group]]. However, this general release and waiver of claims excludes, and Executive the Employee does not waive, release release, or discharge discharge: (Ai) any right to file an administrative charge or complaint with or testify, assist, or participate in an investigation, hearing, or proceeding conducted by the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Commission or other similar federal or state administrative agencyagencies[, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint]; [and] (Bii) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further[, nothing in this Release prevents Executive from making such as claims for [unemployment benefit rights and] [workers' compensation]]; [and] [(iii) indemnification rights the Employee has against the Employer;] [and] [(iv) any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive file an unfair labor practice charge under the National Labor Relations Act [or the Employee's rights under a collective bargaining agreement without processes;] [and] [(v) protections against retaliation under the Taxpayer First Act (26 U.S.C. § 2623(d));] [and (vi) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award from a Governmental Authority agreements]. [If Employee applies for information provided unemployment benefits, Employer [Group] [shall not actively contest it. However, Employer [Group]] will respond truthfully and completely to any Governmental Authorityinquiries by the Texas Workforce Commission concerning the termination of Employee's employment.]

Appears in 1 contract

Samples: Settlement and Release of Claims Agreement

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General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections [6.1(b), (bd), and (c), or (de)]1/[Sections 6.1(d) and the last sentence of 6.2]2/ of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and _______________________________________________________________________________ 1 References to be used in connection with a termination without Cause or for Good Reason or as a result of wrongful discharge Disability. 2 References to be used in connection with a termination as a result of death breach of contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludesfor counsel fees, costs and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authorityinterest.

Appears in 1 contract

Samples: Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections [6.1(b), (bd), and (c), or e)]1/[Sections 6.1(d) and the last sentence of 6.2 ]22/[Sections 6.1 (de) and 6.3(y)]33 of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee 1 References to be used in connection with a termination without Cause or for Good Reason or as a result of Disability. 2 References to be used in connection with a termination as a result of death 33 References to be used in connection with a termination as a result of application of Section 6.3. Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may be legally waived and released; and (ii) or any tortother federal, contract and/or quasi-contract lawstate or local constitution, statute, rule, or regulation, including, but not limited to, any ordinance addressing fair employment practices; any claims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludes, for counsel fees and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authoritycost.

Appears in 1 contract

Samples: Employment Agreement (Cedar Fair L P)

General Release and Waiver of Claims. a. In exchange for consideration of Employee’s right to receive the consideration provided severance payments and benefits set forth in Section 6.2(aSections [6.1(b), (bd), and (c), or e)]1/ [Sections 6.1(d) and the last sentence of 6.2 ] /2[Sections 6.1 (de) and 6.3(y)]3 of the Employment Agreement (or any portion thereof)Agreement, Executive the Employee, on behalf of Executive himself and Executive’s his heirs, executors, administrators, trustees, legal representatives, agents, insurers, administrators, successors and assigns (hereinafter collectively the referred to for purposes of this Section 1 as ReleasorsEmployee) ), hereby agrees to irrevocably and unconditionally fully and forever waive, release and forever discharge the CompanyCompany and its past, each of its subsidiaries present and other corporate future affiliates and each of their respective executivesrelated entities, officersparent and subsidiary corporations, directorsdivisions, owners, shareholders and agents (collectively referred to herein as the “Employer Group”), including each member of the Employer Group’s parents, subsidiaries, affiliatesshareholders, predecessors, successors current, former and assigns, and all of their respective future officers, directors, employees, shareholderstrustees, fiduciaries, administrators, executives, agents, representatives, successors and partners, in their corporate and individual capacities assigns (collectively, the “ReleaseesCompany Released Parties”) from any and all waivable claims, charges, demands, sums of money, actions, rights, promises, agreements, causes of actionsaction, obligations, judgments, rights, fees, damages, debts, obligations, obligations and liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectivelyor nature whatsoever, “Claims”)at law or in equity, whether known or unknown, from existing or contingent, suspected or unsuspected, apparent or concealed, foreign or domestic (hereinafter collectively referred to as “claims”) which he has now or in the beginning future may claim to have against any or all of time the Company Released Parties based upon or arising out of any facts, acts, conduct, omissions, transactions, occurrences, contracts, claims, events, causes, matters or things of any conceivable kind or character existing or occurring or claimed to exist or to have occurred prior to the date of Executivethe Employee’s execution of this Release, includingAgreement. Such claims include, without limitation, any Claims claims arising under any federal, state, local or foreign law, that Releasors may have, have ever had or may in the future have arising out of, or in any way related to Executive’s hire, benefits, employment, termination or separation from employment with the Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Title VII of the Genetic Information Nondiscrimination Civil Rights Act of 20081964, 42 U.S.C. § 2000e et seq.; the California Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206(d); Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. § 1681 et seq.; the Fair Employment and Housing Credit Reporting Act, as amended, and/or 15 U.S.C. §1681 et seq.; any other federal, statestate or local statutory laws relating to employment, local or foreign law (statutorydiscrimination in employment, regulatory termination of employment, wages, benefits or otherwise) that may ; or any other federal, state or local constitution, statute, rule, or regulation, including, but not 1 References to be legally waived and releasedused in connection with a termination without Cause or for Good Reason or as a result of Disability. 2 References to be used in connection with a termination as a result of death 3 References to be used in connection with a termination as a result of application of Section 6.3. limited to, any ordinance addressing fair employment practices; and (ii) any tort, contract and/or quasi-contract lawclaims for employment or reemployment by the Company Released Parties; any common law claims, including but not limited to claims actions in tort, defamation and breach of wrongful discharge contract; any claim or damage arising out of Employee’s employment with or separation from the Company Released Parties (including wrongful termination in violation of public policy), defamation, emotional distress, tortious interference with contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, invasion of privacy, violation of public policy, negligence, nonphysical injury, personal injury or sickness a claim for retaliation) under any common law theory or any other harm. Howeverfederal, this general release of state or local statute or ordinance not expressly referenced above; and any and all claims excludesfor counsel fees, costs and Executive does not waive, release or discharge (A) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or other administrative agency; (B) claims under state workers’ compensation or unemployment laws; (C) indemnification rights Executive has against the Employer, and/or (D) any other claims that cannot be waived by law. Further, nothing in this Release prevents Executive from making any report to or communication with any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities”) that is protected by any applicable law (including any applicable whistleblower law) or participating in any investigation or proceeding conducted by any Governmental Authority. This Release does not limit Executive’s right to receive an award from a Governmental Authority for information provided to any Governmental Authorityinterest.

Appears in 1 contract

Samples: Employment Agreement (Cedar Fair L P)

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