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

General Release and Waiver of Claims. d. The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her employment with the Company or her separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her employment or separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 2 contracts

Samples: Consulting Agreement, Consulting Agreement (Loxo Oncology, Inc.)

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General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of his/her employment with the Company or his/her separation from the Company, including pursuant to the Separation Agreement and the Offer Letter Severance Agreement (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she s/he may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “ReleaseesReleases”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of his/her employment or separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Technology Assignment Agreement (Marin Software Inc)

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Separation Agreement are in full satisfaction of all accrued salary, vacation pay, sick leave benefits, bonus and commission pay, severance pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee's employment with the Company or her Employee's separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, parents, predecessors, successors and assigns assigns, insurers, and third-party administrators (collectively collectively, the “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of the Employment Agreement or other contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee's employment or his separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Separation Agreement and Full (Ekso Bionics Holdings, Inc.)

General Release and Waiver of Claims. d. (a) The payments and promises set forth in this Second Release Agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, including, without limitation, such termination benefits and compensation described in the Change in Control and Severance Agreement, dated May 23, 2018, by and between you and the Company, and such other termination benefits or other compensation to which Employee you may be entitled by virtue of her your employment with the Company or her separation from the end of your employment with the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee you hereby releases release and waives waive any other claims she you may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her your employment or separation the end of your employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or Act and claims based on disability or under the Americans with Disabilities Act. By signing this Agreement, you are not releasing or waiving any claims under the California Fair Employment and Housing Act; however, for the avoidance of doubt, you will release and waive such claims once you sign the Release.

Appears in 1 contract

Samples: Upwork Inc.

General Release and Waiver of Claims. d. (a) The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, including, without limitation, such termination benefits and compensation described in the Change in Control and Severance Agreement, dated May 23, 2018, by and between you and the Company, and such other termination benefits or other compensation to which Employee Executive may be entitled by virtue of her his employment with the Company or her Company, his separation from the Company, his engagement with the Company, and the termination thereof, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Transition Agreement). To the fullest extent permitted by law, Employee Executive hereby releases and waives any other claims she he may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her his employment or separation end of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Upwork Inc.

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharingprofitsharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, termination benefits or other compensation to which Employee you may be entitled by virtue of her your employment with the Company or her your separation from the Company, including pursuant to the Separation under your Company Severance and Change in Control Agreement effective March 25, 2020(your “Severance and the CIC Agreement”) and your Offer Letter dated March 21, 2017 (as defined in the Separation Agreementyour “Offer Letter”). To the fullest extent permitted by law, Employee you hereby releases release and waives waive any other claims she you may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her your employment or your separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act. By signing this Agreement, you are not releasing or waiving any claims under the California Fair Employment and Housing Act; however, for the avoidance of doubt, you will release and waive such claims once you sign the Second Release.

Appears in 1 contract

Samples: Severance and Cic Agreement (Alteryx, Inc.)

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Separation Agreement are in full satisfaction excess of all accrued salary, vacation pay, sick leave benefits, bonus and commission pay, severance pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee’s employment with the Company or her Employee’s separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, parents, predecessors, successors and assigns assigns, insurers, and third-party administrators (collectively collectively, the Company Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of the Employment Agreement or other contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee’s employment or his separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act (“ADEA”) or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Separation Agreement and Full (Ekso Bionics Holdings, Inc.)

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee’s employment with the Company or her Employee’s separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims of any kind under the Employment Agreement, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee’s employment or separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: CohBar, Inc.

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-profit sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee you may be entitled by virtue of her your employment with the Company or her your separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee you hereby releases release and waives waive any other claims she you may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her your employment or your separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act Act, and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act. You further agree that any claims you may have for money damages, loss of wages, earnings, commission, bonuses and benefits, stock options or other ownership interests in the Company, medical expenses, attorneys' fees and costs, reinstatement and other equitable relief, are waived and forever released by you under this Agreement.

Appears in 1 contract

Samples: Rambus Inc

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General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, units or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee’s employment with the Company or her Employee’s separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee’s employment or separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Merger Agreement (Bill.com Holdings, Inc.)

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharingprofit‑sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, termination benefits or other compensation to which Employee you may be entitled by virtue of her your employment with the Company or her your separation from the Company, including including, but not limited to, pursuant to your employment offer letter or agreement with the Separation Agreement and Company or the Offer Letter (as defined Company’s Change in the Separation Agreement)Control Severance Policy. To the fullest extent permitted by law, Employee you hereby releases release and waives waive any other claims she you may have against the Company and its owners, agents, advisors, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns assigns, including but not limited to CalciMedica, Inc. (collectively “Releasees”), whether known or not known, including, without limitation, any right or entitlement to payment of any other bonus payment from the Company (other than as included in severance under Section 3(a) above), including but not limited to, any bonus with respect to either the Company’s fiscal year 2022 or the Company’s fiscal year 2023, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her your employment or your separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California provisions of the Massachusetts Fair Employment and Housing Practices Act and any other laws and/or regulations Pxxxxx Xxxxxx relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Graybug Vision, Inc.

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Separation Agreement are in full satisfaction of all accrued salary, vacation pay, sick leave benefits, bonus and commission pay, severance pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee's employment with the Company or her Employee's separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases release and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, parents, predecessors, successors and assigns assigns, insurers, and third-party administrators (collectively “collectively, the "Releasees"), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of the Employment Agreement or other contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee's employment or his separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Separation Agreement and Full (Ekso Bionics Holdings, Inc.)

General Release and Waiver of Claims. d. a. The payments and promises set forth in this Second Release Separation Agreement are in full satisfaction of all accrued salary, vacation pay, sick leave benefits, bonus and commission pay, severance pay, profit-sharing, stock, stock options, restricted stock, restricted stock units, or other ownership interest in the Company, termination benefits or other compensation to which Employee may be entitled by virtue of her Employee’s employment with the Company or her Employee’s separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Agreement). To the fullest extent permitted by law, Employee hereby releases release and waives any other claims she Employee may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, parents, predecessors, successors and assigns assigns, insurers, and third-party administrators (collectively collectively, the “Releasees”), whether known or not known, including, without limitation, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of the Employment Agreement or other contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her Employee’s employment or his separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act.

Appears in 1 contract

Samples: Employment Agreement (Ekso Bionics Holdings, Inc.)

General Release and Waiver of Claims. d. (a) The payments and promises set forth in this Second Release Agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharingprofit‑sharing, stock, stock options, restricted stock, restricted stock units, options or other ownership interest in the Company, termination benefits or other compensation to which Employee you may be entitled by virtue of her your employment with the Company or her your separation from the Company, including pursuant to the Separation Agreement and the Offer Letter (as defined in the Separation Employment Agreement). To the fullest extent permitted by law, Employee you hereby releases release and waives waive any other claims she you have or may have against the Company and its owners, agents, representatives, officers, shareholders, employees, partners, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation, claims related to or arising from the Employment Agreement, claims under any employment laws, including, but not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of her your employment or your separation of employment, including for equity or pursuant to the Offer Letter, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and/or claims based on disability or under the Americans with Disabilities Act. You acknowledge that this general release and waiver of claims includes any and all claims arising up to and including the date you execute this Agreement which you have or may have against Releasees. By executing this Agreement, you are not releasing or waiving any claims under the California Fair Employment and Housing Act; however, for the avoidance of doubt, you will release and waive such claims if you execute the Follow On Release.

Appears in 1 contract

Samples: Letter Agreement (Audentes Therapeutics, Inc.)

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