Common use of General Release by Executive Clause in Contracts

General Release by Executive. In consideration of the payments and benefits provided to the Executive under this Retirement Agreement, the Executive and each of the Executive’s respective heirs, executors, administrators, legal representatives, agents, successors, beneficiaries, and assigns (collectively, the “Executive Releasors”) hereby irrevocably and unconditionally release and forever discharge the Company and any of its subsidiaries, affiliates, predecessors and employee benefit plans, and each of the foregoing entities’ officers, directors, stockholders, investors, partners, managers, principals, members, committees, administrators, sponsors, executors, trustees, fiduciaries, employees, agents, assigns, representatives and attorneys, in their personal and representative capacities (collectively, the “Company Released Parties”) from, and waive, any and all claims, actions, causes of action, lawsuits, complaints, petitions, rights, judgments, obligations, losses, damages, charges, demands, accountings, liabilities, indebtedness, of whatever kind or character, whether known or unknown (collectively, the “Claims”), including without limitation, any Claims arising under: (i) the common law (tort, contract or other) of any jurisdiction, (ii) the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state and local statutes, ordinances, executive orders and regulations prohibiting discrimination or retaliation upon the basis of age, race, sex, national original, religion, disability, or other unlawful factor, (iii) the National Labor Relations Act, (iv) the Employee Retirement Income Security Act, (v) the Family and Medical Leave Act, (vi) the Fair Labor Standards Act, (vii) the Equal Pay Act, (viii) the Worker Adjustment and Retraining Notification Act, and (ix) any other federal, state or local law; that the Executive Releasors may have, or in the future may possess, arising from the Executive’s employment with the Company, including the Employment Agreement and the termination thereof, and any other acts or omissions occurring on or before (A) the date the Executive signs this Retirement Agreement and (B) the Retirement Date; provided, however, that this Retirement Agreement shall not operate to release (x) any Claims that the Executive may have to payments or benefits under Section 2, above, (y) any Claims that the Executive may have to indemnification under any indemnification agreement or the bylaws or any directors and officers liability insurance policy of the Company or any of its affiliates, including without limitation that certain Indemnification Agreement dated June 19, 2014 between the Company and the Executive, and (z) any Claims based on acts or omissions occurring after the Retirement Date (collectively, the “Unreleased Executive Claims”). The Executive promises to not bring any Claims (other than Unreleased Executive Claims) against any of the Company Released Parties in or before any court or arbitral authority. Each of the Company Released Parties is an intended beneficiary of the release set forth in this Section 3(a) and Section 3(b).

General Release by Executive. In consideration (a) Executive hereby acquits, withdraws, retracts and forever discharges any and all claims, manner of actions, causes of action (in law or in equity), suits, judgments, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, costs, expenses or disputes, known or unknown, fixed or contingent, directly or indirectly, personally or in a representative capacity, at any time against the payments and benefits provided to the Executive under this Retirement AgreementCompany or any of its agents, the Executive and each of the Executive’s respective attorneys, assigns, heirs, executors, executives, administrators, legal representativescommittees, agents, successors, beneficiaries, and assigns (collectively, the “Executive Releasors”) hereby irrevocably and unconditionally release and forever discharge the Company and any of its subsidiaries, affiliates, predecessors and employee benefit plans, and each of the foregoing entities’ officers, directors, stockholders, investors, partners, managers, principals, members, committees, administrators, sponsors, executorsfiduciaries, trustees, fiduciariesbeneficiaries, employeesparticipants, agents, assigns, personal and/or legal representatives and attorneys, in their personal and representative capacities any benefit plans sponsored by the Company (collectively, the “Company Released Parties”) fromby reason of any act, omission, matter, cause or thing whatsoever, from the beginning of time to and waiveincluding the date of this Agreement, any and whether based on a constitution, statute, regulation, agreement or the common law (“Company General Release”); provided, however, nothing herein shall release the Company Released Parties from the Company’s obligations under this Agreement. This Company General Release includes, without limitation, all claims, manner of actions, causes of action, lawsuits, complaints, petitions, rights, judgments, obligations, losses, damages, charges, demands, accountings, liabilities, indebtedness, of whatever kind action (in law or character, whether known or unknown (collectively, the “Claims”in equity), including without limitation, any Claims arising under: (i) suits or requests for attorney’s fees and/or costs under the common law (tort, contract or other) of any jurisdiction, (ii) the Rehabilitation Executive Retirement Income Security Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, 1974; Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 (the “ADEA”); the Older Worker’s Benefits Protection Act (the “OWBPA”); the Rehabilitation Act of 1973; COBRA; the Occupational Safety and any other federal, state and local statutes, ordinances, executive orders and regulations prohibiting discrimination or retaliation upon the basis of age, race, sex, national original, religion, disability, or other unlawful factor, (iii) Health Act; the National Labor Relations Act, (iv) the Employee Retirement Income Security Act, (v) the Family and Medical Leave Act, (vi) the Fair Labor Standards Act, (vii) the Equal Pay Act, (viii) the Worker Adjustment and Retraining Notification Act, and (ix) ; 42 U.S.C. §§ 1981 through 1988; any other federalFederal, state or local law regarding retaliation for protected activity or interference with protected rights; and any state or local law, including, without limitation, the Georgia Constitution; that and all claims under Georgia public policy or common law, including, without limitation, common law claims of outrageous conduct, intentional or negligent infliction of emotional distress, negligent hiring, breach of contract, breach of the Executive Releasors may havecovenant of good faith and fair dealing, promissory estoppel, negligence, wrongful termination of employment, interference with employment relationship, civil rights, fraud and deceit and all other claims of any type or in the future may possess, arising from the Executive’s employment with the Companynature, including the Employment Agreement all claims for damages, wages, compensation, vacation, reinstatement, medical expenses, punitive damages, and claims for attorneys’ fees. Except as set forth herein, Executive and the termination thereof, and any other acts or omissions occurring on or before (A) the date the Executive signs this Retirement Agreement and (B) the Retirement Date; provided, however, Company intend that this Retirement Agreement Company General Release shall not operate to release (x) any Claims that the Executive may have to payments or benefits under Section 2, above, (y) any Claims that the Executive may have to indemnification under any indemnification agreement or the bylaws or any directors and officers liability insurance policy of the Company or any of its affiliates, including without limitation that certain Indemnification Agreement dated June 19, 2014 between discharge all claims against the Company and the Executive, and (z) any Claims based on acts or omissions occurring after the Retirement Date (collectively, the “Unreleased Executive Claims”). The Executive promises to not bring any Claims (all other than Unreleased Executive Claims) against any of the Company Released Parties to the full and maximum extent permitted by law, but not in or before any court or arbitral authority. Each excess of the Company Released Parties is an intended beneficiary of the release set forth in this Section 3(a) and Section 3(b)that permitted by law.

General Release by Executive. In consideration (a) Executive hereby acquits, withdraws, retracts and forever discharges any and all claims, manner of actions, causes of action (in law or in equity), suits, judgments, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, costs, expenses or disputes, known or unknown, fixed or contingent, directly or indirectly, personally or in a representative capacity, at any time against the payments and benefits provided to the Executive under this Retirement AgreementCompany or any of its agents, the Executive and each of the Executive’s respective attorneys, assigns, heirs, executors, executives, administrators, legal representativescommittees, agents, successors, beneficiaries, and assigns (collectively, the “Executive Releasors”) hereby irrevocably and unconditionally release and forever discharge the Company and any of its subsidiaries, affiliates, predecessors and employee benefit plans, and each of the foregoing entities’ officers, directors, stockholders, investors, partners, managers, principals, members, committees, administrators, sponsors, executorsfiduciaries, trustees, fiduciariesbeneficiaries, employeesparticipants, agents, assigns, personal and/or legal representatives and attorneys, in their personal and representative capacities any benefit plans sponsored by the Company (collectively, the “Company Released Parties”) fromby reason of any act, omission, matter, cause or thing whatsoever, from the beginning of time to and waiveincluding the date of this Agreement, any and whether based on a constitution, statute, regulation, agreement or the common law (“Company General Release”); provided, however, nothing herein shall release the Company Released Parties from the Company’s obligations under this Agreement. This Company General Release includes, without limitation, all claims, manner of actions, causes of action, lawsuits, complaints, petitions, rights, judgments, obligations, losses, damages, charges, demands, accountings, liabilities, indebtedness, of whatever kind action (in law or character, whether known or unknown (collectively, the “Claims”in equity), including without limitation, any Claims arising under: (i) suits or requests for attorney’s fees and/or costs under the common law (tort, contract or other) of any jurisdiction, (ii) the Rehabilitation Executive Retirement Income Security Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, 1974; Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 (the “ADEA”); the Older Worker’s Benefits Protection Act (the “OWBPA”); the Rehabilitation Act of 1973; COBRA; the Occupational Safety and any other federal, state and local statutes, ordinances, executive orders and regulations prohibiting discrimination or retaliation upon the basis of age, race, sex, national original, religion, disability, or other unlawful factor, (iii) Health Act; the National Labor Relations Act, (iv) the Employee Retirement Income Security Act, (v) the Family and Medical Leave Act, (vi) the Fair Labor Standards Act, (vii) the Equal Pay Act, (viii) the Worker Adjustment and Retraining Notification Act, and (ix) ; 42 U.S.C. §§ 1981 through 1988; any other federalFederal, state or local law regarding retaliation for protected activity or interference with protected rights; and any state or local law, including, without limitation, the Georgia Constitution; that and all claims under Georgia public policy or common law including, without limitation common law claims of outrageous conduct, intentional or negligent infliction of emotional distress, negligent hiring, breach of contract, breach of the Executive Releasors may havecovenant of good faith and fair dealing, promissory estoppel, negligence, wrongful termination of employment, interference with employment relationship, civil rights, fraud and deceit and all other claims of any type or in the future may possess, arising from the Executive’s employment with the Companynature, including the Employment Agreement all claims for damages, wages, compensation, vacation, reinstatement, medical expenses, punitive damages, and claims for attorneys’ fees. Executive and the termination thereof, and any other acts or omissions occurring on or before (A) the date the Executive signs this Retirement Agreement and (B) the Retirement Date; provided, however, Company intend that this Retirement Agreement Company General Release shall not operate to release (x) any Claims that the Executive may have to payments or benefits under Section 2, above, (y) any Claims that the Executive may have to indemnification under any indemnification agreement or the bylaws or any directors and officers liability insurance policy of the Company or any of its affiliates, including without limitation that certain Indemnification Agreement dated June 19, 2014 between discharge all claims against the Company and the Executive, and (z) any Claims based on acts or omissions occurring after the Retirement Date (collectively, the “Unreleased Executive Claims”). The Executive promises to not bring any Claims (all other than Unreleased Executive Claims) against any of the Company Released Parties to the full and maximum extent permitted by law, but not in or before any court or arbitral authority. Each excess of the Company Released Parties is an intended beneficiary of the release set forth in this Section 3(a) and Section 3(b)that permitted by law.

General Release by Executive. In consideration (a) Executive hereby acquits, withdraws, retracts and forever discharges any and all claims, manner of actions, causes of action (in law or in equity), suits, judgments, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, costs, expenses or disputes, known or unknown, fixed or contingent, directly or indirectly, personally or in a representative capacity, at any time against the payments and benefits provided to the Executive under this Retirement AgreementCompany or any of its agents, the Executive and each of the Executive’s respective attorneys, assigns, heirs, executors, executives, administrators, legal representativescommittees, agents, successors, beneficiaries, and assigns (collectively, the “Executive Releasors”) hereby irrevocably and unconditionally release and forever discharge the Company and any of its subsidiaries, affiliates, predecessors and employee benefit plans, and each of the foregoing entities’ officers, directors, stockholders, investors, partners, managers, principals, members, committees, administrators, sponsors, executorsfiduciaries, trustees, fiduciariesbeneficiaries, employeesparticipants, agents, assigns, personal and/or legal representatives and attorneys, in their personal and representative capacities any benefit plans sponsored by the Company (collectively, the “Company Released Parties”) fromby reason of any act, omission, matter, cause or thing whatsoever, from the beginning of time to and waiveincluding the date of this Agreement, any and whether based on a constitution, statute, regulation, agreement or the common law (“Company General Release”); provided, however, nothing herein shall release the Company Released Parties from the Company’s obligations under this Agreement or under the Employment Agreement. This Company General Release includes, without limitation, all claims, manner of actions, causes of action, lawsuits, complaints, petitions, rights, judgments, obligations, losses, damages, charges, demands, accountings, liabilities, indebtedness, of whatever kind action (in law or character, whether known or unknown (collectively, the “Claims”in equity), including without limitation, any Claims arising under: (i) suits or requests for attorney’s fees and/or costs under the common law (tort, contract or other) of any jurisdiction, (ii) the Rehabilitation Executive Retirement Income Security Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, 1974; Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 (the “ADEA”); the Older Worker’s Benefits Protection Act (the “OWBPA”); the Rehabilitation Act of 1973; COBRA; the Occupational Safety and any other federal, state and local statutes, ordinances, executive orders and regulations prohibiting discrimination or retaliation upon the basis of age, race, sex, national original, religion, disability, or other unlawful factor, (iii) Health Act; the National Labor Relations Act, (iv) the Employee Retirement Income Security Act, (v) the Family and Medical Leave Act, (vi) the Fair Labor Standards Act, (vii) the Equal Pay Act, (viii) the Worker Adjustment and Retraining Notification Act, and (ix) ; 42 U.S.C. §§ 1981 through 1988; any other federalFederal, state or local law regarding retaliation for protected activity or interference with protected rights; and any state or local law, including, without limitation, the Georgia Constitution; that and all claims under Georgia public policy or common law, including, without limitation, common law claims of outrageous conduct, intentional or negligent infliction of emotional distress, negligent hiring, breach of contract, breach of the Executive Releasors may havecovenant of good faith and fair dealing, promissory estoppel, negligence, wrongful termination of employment, interference with employment relationship, civil rights, fraud and deceit and all other claims of any type or in the future may possess, arising from the Executive’s employment with the Companynature, including all claims for damages, wages, compensation, vacation, reinstatement, medical expenses, punitive damages, and claims for attorneys’ fees. Subject to the Employment Agreement foregoing, Executive and the termination thereof, and any other acts or omissions occurring on or before (A) the date the Executive signs this Retirement Agreement and (B) the Retirement Date; provided, however, Company intend that this Retirement Agreement Company General Release shall not operate to release (x) any Claims that the Executive may have to payments or benefits under Section 2, above, (y) any Claims that the Executive may have to indemnification under any indemnification agreement or the bylaws or any directors and officers liability insurance policy of the Company or any of its affiliates, including without limitation that certain Indemnification Agreement dated June 19, 2014 between discharge all claims against the Company and the Executive, and (z) any Claims based on acts or omissions occurring after the Retirement Date (collectively, the “Unreleased Executive Claims”). The Executive promises to not bring any Claims (all other than Unreleased Executive Claims) against any of the Company Released Parties to the full and maximum extent permitted by law, but not in or before any court or arbitral authority. Each excess of the Company Released Parties is an intended beneficiary of the release set forth in this Section 3(a) and Section 3(b)that permitted by law.