Common use of General Release of All Claims Clause in Contracts

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc., its parent corporation, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof), and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 2 contracts

Samples: Agreement and General Release (FriendFinder Networks Inc.), Agreement and General Release (FriendFinder Networks Inc.)

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General Release of All Claims. Employee knowingly In exchange for the Company’s payment and voluntarily releases provision of the amounts and benefits described in your offer letter, as amended from time to time, you voluntarily, fully and unconditionally release and forever discharges Penthouse Media Group Inc.discharge the Company and its past and present parents, its parent corporationsubsidiaries, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof)successors, assigns, and their current and former respective officers, directors, employees, membersagents and plan administrators, attorneys, officers, directors and agents thereof, both individually and in their business capacities, individual and their employee benefit plans and programs and their administrators and fiduciaries corporate capacities (hereinafter collectively referred to throughout the remainder of this Agreement as “Releasees”), of and ) from any and all claimscharges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known and or unknown, asserted or unassertedto whomever made, which the Employee has you have or may have against Releasees as any or all of the Releasees for or by reason of any cause, nature or thing whatsoever arising out of or related to your employment with the Company, or the termination of such employment, from the beginning of time up to and including the date of execution of on which you sign this Agreement and General ReleaseAgreement, includingexcept as otherwise specifically stated in this Agreement. Such claims, obligations, or liabilities include, but are not limited to: claims for compensation allegedly due or owing; claims sounding in contract or implied contract; claims for wrongful dismissal; claims sounding in tort; claims arising under common law, civil law, equity, or federal, state, or local statutes or ordinances, including but not limited to, any alleged violation of: · the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; · The the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The and/or the Rehabilitation Act of 1973; · The Fair Credit Reporting the Employee Retirement Income Security Act; · The New York State Executive Lawthe WARN Act; · The the Consolidated Omnibus Budget Reconciliation Act; the Family Medical Leave Act, as amended; the Genetic Information Nondiscrimination Act of 2008; state statutes governing the payment of wages, discrimination in the workplace, or any other statute or laws governing the employer-employee relationship, including but not limited to, the New York State Human Rights Law; · The , the New York Labor Law, the New York State Labor Law; · The Constitution, the New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of , the New York Workers’ Compensation Law; · The wage-hour laws, the New York City Human Rights Law; · Any the Virginia Human Rights Act; the North Carolina Equal Employment Practices Act, the North Carolina Persons with Disabilities Protection Act, the North Carolina Retaliatory Employment Discrimination Act, the North Carolina Wage & Hour Act; any other claim pursuant to any other federal, state or local civil employment laws, statutes, standards or human rights law legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other localbenefits, state or federal lawinterest, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, and/or attorney’s fees, . You acknowledge that this general release is not made in connection with any exit incentive or other expenses including attorneys’ fees incurred in these mattersemployment termination program offered to a group or class of employees. Notwithstanding the aboveforegoing, nothing in this release is intended Agreement waives your right to release or waive rights to COBRA(a) pursue a claim that cannot be released by private agreement, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of including, workers compensation claims, claims arising after the Employment date on which you sign this Agreement, and your right to file administrative charges with certain government agencies; (b) challenge the Company’s failure to comply with its obligation in Paragraph 1 above; (c) your vested and accrued rights under Company qualified retirement, health, or unemployment insurance benefitswelfare plans; and (d) any rights you may have to indemnification or the protection of directors’ and officers’ liability insurance.

Appears in 2 contracts

Samples: Product Ownership and Dispute Resolution Agreement (J Crew Group Inc), Non Disclosure (Chinos Holdings, Inc.)

General Release of All Claims. Employee knowingly In exchange for the Company's payments and voluntarily releases and forever discharges Penthouse Media Group benefits under this Agreement, you release the Company, Cadapult Graphic Systems, Inc., Media Sciences International, Inc., and its parent corporationand/or their past and/or present parents, subsidiaries, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof)successors, and their current and former employees, members, attorneysassigns, officers, directors directors, employees and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (hereinafter collectively referred to throughout the remainder of this Agreement as "Releasees”), of and ") from any and all claimsclaims that you may have which may be legally waived by private agreement, known and or unknown, asserted including but not limited to those related to your employment, your separation from employment or unassertedotherwise, from the beginning of time through the date that this Agreement becomes effective, which is eight (8) days after you sign this Agreement ("Effective Date"). You understand and agree that you are releasing Releasees from any and all claims which may be legally waived by private agreement, including but not limited to claims for breach of contract, personal injury, wages, benefits, defamation, slander and wrongful discharge, and any and all claims based on any oral or written agreements or promises, whether arising under statute (including but not limited to, claims arising under the Employee has Retirement Income Security Act of 1974, the New Jersey Conscientious Employee Protection Act, and any other federal, state, local, or may have against Releasees as foreign laws or regulations), contract (express or implied), constitutional provision, common law or otherwise, from the beginning of time through the date of execution Effective Date of this Agreement Agreement. You understand and General Releaseagree that you are releasing Releasees from any and all claims which may be legally waived by private agreement, including but not limited to claims for discrimination or harassment in employment, or retaliation, on the basis of race, color, creed, religion, age, national origin, alienage or citizenship, gender, sexual orientation, disability, marital status, veteran's status, and any other protected grounds including, but not limited to, any alleged violation of: · and all rights and claims you may have arising under Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of , the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Act, the Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of , the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any Jersey Law Against Discrimination, and any other federal, state or local civil or human rights law or any other state, local, state or federal lawforeign laws or regulations, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding from the above, nothing in beginning of time through the Effective Date of this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 2 contracts

Samples: Confidentiality Agreement (Media Sciences International Inc), Confidentiality Agreement (Media Sciences International Inc)

General Release of All Claims. Employee knowingly and voluntarily The undersigned individual (“Executive”) hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against PharmaCyte Biotech, Inc. (“Company”), its parent corporationshareholders, subsidiaries, affiliates, subsidiariessuccessors, divisionsassigns, insurersofficers, (and any predecessors, successors and assigns thereof), and their current and former employees, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), to the extent arising out of or related to the performance of any services to or on behalf of the Company or the termination of those services and, other than claims for payments, benefits or entitlements preserved by Section 4 and from any claims for indemnification, advancement of expenses or coverage under the Company’s directors and all claimsofficers liability insurance, known and unknown, asserted or unasserted, which of the Employee has or may have against Releasees Executive Compensation Agreement dated as of January 1, 2015, between the date Company and the Executive (“Employment Agreement”), including without limitation: (i) any such claims arising out of execution of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1964; · Sections 1981 through 1988 of Title 42 of 1993, the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control 1974, the Age Discrimination in Employment Act; · The , the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The 1938, the New York State Executive Law; · The New York State Human Rights Law, the Maryland Employment Anti-Discrimination Laws, the Maryland wage and hour laws, and the Maryland State Personnel and Pensions Article; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions (ii) any and all other such claims arising out of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any or related to any contract, any and all other federal, state or local civil constitutions, statutes, rules, regulations or human rights executive orders; or (iii) any and all such claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever (collectively, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and defense against any and all of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any other localof the Releasees, state as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or federal lawproceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred fees, in these defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims, matters. Notwithstanding , disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the aboveparties to the extent set forth in the first paragraph hereof, nothing and that in furtherance of this intention this Release shall be and remain in effect as a full and complete general release is intended to release the extent set forth in the first paragraph herein, notwithstanding discovery or waive rights to COBRA, existence of any existing rights of defense and indemnity such additional or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsdifferent facts.

Appears in 2 contracts

Samples: Executive Compensation Agreement (PharmaCyte Biotech, Inc.), Executive Compensation Agreement (PharmaCyte Biotech, Inc.)

General Release of All Claims. A. In exchange for the above-referenced consideration, the Employee knowingly and voluntarily hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Employee ever had, now has or may have as of the date of the Employee’s execution of this Release, against the Company, its parent corporationmembers or stockholders, affiliatesparents, subsidiaries, divisions, insurers, (and any predecessorsaffiliates, successors and assigns thereof), and their current and former employeesrespective officers, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), whether or not arising out of and from or related to the performance of any and all claims, known and unknown, asserted services to or unasserted, which the Employee has or may have against Releasees as on behalf of the date Company or the termination of execution those services, including without limitation: (i) any claims arising out of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · , as amended, the federal Civil Rights Acts of 1866, 1871, 1964, Sections 1981 through 1981-1988 of Title 42 of the United States Code; · The , the Fair Credit Reporting Act, the Occupational Health and Safety Act, the Employee Polygraph Protection Act, the Immigration Reform Control Act, the retaliation provisions of the Xxxxxxxx-Xxxxx Act of 2002, the Federal False Claims Act, the Equal Pay Act, the Age Discrimination in Employment Act, as amended, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The 1974, the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older Worker Benefit Protection 1938, the California Fair Employment and Housing Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-, the California Business & Professions Code, the California Labor Code, the Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Act, the California Civil Code, the California Family Rights Act, the California Whistleblower Statute, the California WARN Act, the California Government Code, the retaliation provisions of California’s Workers Compensation Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination , the retaliation provisions of the New York Workers’ Compensation LawCalifornia State Wage and Hour Laws, the California State Wage and Hour Laws; · The New York City Human Rights Law; · Any (ii) any and all other claims arising out of or related to any contract, any and all other federal, state or local civil constitutions, statutes, rules, regulations, ordinances or human rights executive orders; (iii) any and all claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any other localcompensation of any kind whatsoever, state or federal law, regulation or ordinanceor; · Any public policy, contract, tort, or common law; or · Any allegation any and all claims for costs, attorneys’ fees, or other costs and expenses including attorneys’ fees incurred in these matters(collectively, “Claims”). Notwithstanding The foregoing provisions of this Paragraph 2(A) to the abovecontrary notwithstanding, nothing in this Employee (i) does not release is intended to any claims that lawfully cannot be waived, (ii) does not release or waive rights to COBRA, any existing rights of defense claims for indemnification and indemnity or coverage and payment under directors and officers liability insurance coverage under Paragraph 12 in each case pursuant to Section 3(d)(ii)(y) of the Employment Agreement and as applicable during the term of such Employment Agreement, or unemployment insurance benefitsand (iii) shall not affect any vested rights Employee may have under the Company’s employee benefit plans.

Appears in 1 contract

Samples: Mutual Release Agreement (Kid Brands, Inc)

General Release of All Claims. Employee You knowingly and voluntarily releases release and forever discharges Penthouse Media Group Inc.discharge Blyth, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and all of their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has you have or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive LawFamily and Medical Leave Act; · The New York State Human Rights LawEqual Pay Act; · The New York State Labor LawGenetic Information Nondiscrimination Act of 2008; · The New York State Civil Rights LawConnecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-51 et seq.; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Connecticut Statutory Provision Regarding Retaliation/Discrimination provisions of the New York for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 31-290a; Connecticut Family and Medical Leave Act, Conn. Gen. Stat. § 31-51kk et seq.; Connecticut Whistleblower Law, Conn. Gen. Stat. § 31-51m; · The New York City Human Rights Connecticut Free Speech Law, Conn. Gen. Stat. § 31-51q; · Any Connecticut Wage Hour and Wage Payment Laws, as amended; Connecticut OSHA, as amended; Connecticut Equal Pay Law, Conn. Gen. Stat. § 31-58(e) et seq.; §§ 31-75 and 31-76; Connecticut Drug Testing Law, Conn. Gen. Stat. § 31-51t et seq.; Connecticut AIDS Testing and Confidentiality Law, Conn. Gen. Stat. § 19a-581 et seq.; Connecticut Age Discrimination and Employee Benefits Law, Conn. Gen. Stat. § 38a-543; Connecticut Reproductive Hazards Law, Conn. Gen. Stat. § 31-40g et seq.; Connecticut Smoking Outside the Workplace Law, Conn. Gen. Stat. § 31-40s; Connecticut Electronic Monitoring of Employees, Conn. Gen. Stat. § 31-48b and d; Connecticut Statutory Provision Regarding Protection of Social Security Numbers and Personal Information, Conn. Gen. Stat. § 42-470 et seq.; Connecticut Statutory Provision Regarding Retaliation and/or Discrimination for Making a Claim under the Connecticut Wage and Hour Laws, Conn. Gen. Stat. § 31-69b; Connecticut Law Concerning Consumer Privacy and Identity Theft, Conn. Gen. Stat. § 42-470 et seq.; Connecticut Law Preventing the Use of Credit Scores by Certain Employers in Hiring Decisions, (originally P.A. 11-223); Connecticut Paid Sick Leave law (originally P.A. 11-52); any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any any public policy, contract, tort, or common law; or · Any allegation any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Blyth Inc

General Release of All Claims. Employee knowingly In exchange for the Company’s payment of the benefits described in Paragraph 1 above, you voluntarily, fully and voluntarily releases unconditionally release and forever discharges Penthouse Media Group Inc.discharge the Company and its past and present parents, its parent corporationsubsidiaries, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof)successors, assigns, and their current and former respective officers, directors, employees, membersagents and plan administrators, attorneys, officers, directors and agents thereof, both individually and in their business capacities, individual and their employee benefit plans and programs and their administrators and fiduciaries corporate capacities (hereinafter collectively referred to throughout the remainder of this Agreement as “Releasees”), of and ) from any and all claimscharges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known and or unknown, asserted or unassertedto whomever made, which the Employee has you have or may have against Releasees as any or all of the Releasees for or by reason of any cause, nature or thing whatsoever arising out of or related to your employment with the Company, the termination of such employment or otherwise, from the beginning of time up to and including the date of execution of on which you sign this Agreement and General ReleaseAgreement, includingexcept as otherwise specifically stated in this Agreement. Such claims, obligations, or liabilities include, but are not limited to: claims for compensation allegedly due or owing; claims sounding in contract or implied contract; claims for wrongful dismissal; claims sounding in tort; claims arising under common law, civil law, equity, or federal, state, or local statutes or ordinances, including but not limited to, any alleged violation of: · the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; · The the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The and/or the Rehabilitation Act of 1973; · The Fair Credit Reporting the Employee Retirement Income Security Act; · The New York State Executive Lawthe WARN Act; · The the Consolidated Omnibus Budget Reconciliation Act; the Family Medical Leave Act, as amended; the Genetic Information Nondiscrimination Act of 2008; state statutes governing the payment of wages, discrimination in the workplace, or any other statute or laws governing the employer-employee relationship, including but not limited to, the New York State Human Rights Law; · The , the New York Labor Law, the New York State Labor Law; · The Constitution, the New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of , the New York Workers’ Compensation Law; · The wage-hour laws, the New York City Human Rights Law; · Any the Virginia Human Rights Act; the North Carolina Equal Employment Practices Act, the North Carolina Persons with Disabilities Protection Act, the North Carolina Retaliatory Employment Discrimination Act, the North Carolina Wage & Hour Act; any other claim pursuant to any other federal, state or local civil employment laws, statutes, standards or human rights law legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other localbenefits, state or federal lawinterest, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, and/or attorney’s fees, . You acknowledge that this general release is not made in connection with any exit incentive or other expenses including attorneys’ fees incurred in these mattersemployment termination program offered to a group or class of employees. Notwithstanding the aboveforegoing, nothing in this release is intended Agreement waives your right to release or waive rights to COBRA(a) pursue a claim that cannot be released by private agreement, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of including workers compensation claims, claims arising after the Employment date on which you sign this Agreement, or unemployment insurance benefitsand your right to file administrative charges with certain government agencies; and (b) challenge the Company’s failure to comply with its obligation in Paragraph 1 above.

Appears in 1 contract

Samples: J Crew Group Inc

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.CNSI, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “ReleaseesCNSI Parties”), of and from any and all claimsdemands, claims and causes or action, known and unknown, asserted or unasserted, in law or in equity, which the Employee has or may have against Releasees CNSI Parties arising out of, or in any way related to Employee’s employment with CNSI or termination therefrom, or any other matter or claim which occurred, arose or existed as of the date of execution of this Agreement and General Releasebased on any alleged violation of federal law, including, but not limited to, any alleged violation of: · to claims under Title VII of the 1964 Civil Rights Act, as amended (“Title VII”), Fair Labor Standards Act of 1964; · Sections 1981 through 1988 of Title 42 of (“FLSA”), the United States Code; · The Equal Pay Act (“EPA”), the Americans with Disabilities Act (“ADA”), National Labor Relations Act (“NLRA”), the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefits Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”) ), the Family and Medical Leave Act (except for ”FMLA”), and the False Claims Act, any vested benefits under any tax qualified retirement benefit plan); · The alleged violation of state and local laws, including but not limited to all state False Claims Acts, the Maryland Fair Employment Practices Act, Xxxx Xxxxxxxxx Civil Rights Restoration Act of 1991; · The Immigration Reform 2009, Maryland Law on Equal Pay, Maryland Law on Discrimination on the Basis of Medical Information, Maryland Minimum Wage and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment Overtime Laws, and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Maryland’s Flexible Leave Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions and any alleged violation of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, state state, or local civil laws, rules, regulations, ordinances or human rights law orders, or any other localpublic policy provisions, state including but not limited to claims of defamation; false imprisonment; intentional or federal law, regulation or ordinancenegligent infliction of emotional distress; · Any public policy, breach of the covenant of good faith and fair dealing; promissory estoppel; negligence; claims based upon contract, torttort or other common law theories; and all other claims or causes of action Employee may have against CNSI Parties, or common law; or · Any allegation including any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release

General Release of All Claims. Employee Employee, on Employee’s own behalf and on behalf of Employee’s heirs, personal representatives, successors and assigns, knowingly and voluntarily releases and forever discharges Penthouse Media Group Akoustis, Inc., its parent corporation, affiliates, subsidiaries, divisions, predecessors, co-employers, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators the trustees, administrators, fiduciaries and fiduciaries insurers of such plans and programs (collectively referred to throughout the remainder of this Separation Agreement & Release as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of Employee’s execution of this Separation Agreement and General & Release, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan)1974; · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Family Medical Leave Act; · ● The Equal Pay Act; ● The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The ● All New York State Executive Law; · The laws, including the New York State Human Rights Law; · The , the New York Labor Law (including but not limited to the Retaliatory Action by Employers Law, the New York State Labor Law; · The Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), the New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions , Section 125 of the New York Workers’ Compensation Law; · The , Article 23-A of the New York Correction Law, the New York City Human Rights Law, or the New York City Earned Sick Leave Law; · Any ● All North Carolina laws, including the North Carolina Retaliatory Employment Discrimination Act, the North Carolina Persons with Disabilities Protection Act, the Equal Employment Practices Act, the Sickle Cell and Hemoglobin Trait Discrimination Act, the Genetic Testing and Information Discrimination Act, the Use of Lawful Products Discrimination Act, the AIDS and HIV Status Discrimination Act, the Jury Service Discrimination Act, or the Military Service Discrimination Act; ● any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any ● any public policy, contract, tort, or common law; or · Any allegation ● any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding Employee understands that the aboveprovisions of this paragraph mean that Employee cannot bring a lawsuit or arbitration in any forum against the Releasees for any reason for claims Employee may have as of the date of this Separation Agreement & Release. If any claim is not subject to release, nothing to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Akoustis or any other Releasee identified in this Separation Agreement & Release is a party. Employee further agrees not to sue Akoustis or any of the Releasees with regard to any claim released above. However, this general release is intended and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to release file an administrative charge or waive complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by any federal or state administrative agencies; (B) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; (C) any rights to COBRAvested benefits, any existing such as pension or retirement benefits, the rights of defense and indemnity or liability insurance coverage under Paragraph 12 to which are governed by the terms of the Employment Agreementapplicable plan documents and award agreements; and (D) claims under the New York Military Law; provided that Employee expressly releases, waives, and disclaims any right to compensation or unemployment insurance benefitsother benefit that may otherwise inure to Employee as a result of any such charge or administrative complaint, with the exception of any award from the Securities and Exchange Commission (“SEC”).

Appears in 1 contract

Samples: Separation Agreement (Akoustis Technologies, Inc.)

General Release of All Claims. Employee and Employee’s heirs, executors, administrators, successors, and assigns knowingly and voluntarily releases release and forever discharges Penthouse Media Group Inc., its parent corporation, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof), and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “discharge Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation ofof the following, as amended: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act Internal Revenue Code of 19911986; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · • The Worker Adjustment and Retraining Notification Act; • The Fair Credit Reporting Act; • The Family and Medical Leave Act; • The Equal Pay Act; • The Genetic Information Nondiscrimination Act of 2008; • The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”); • Families First Coronavirus Response Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law (including its Human Rights Law); · The New York State Human Rights Equal Pay Law; · The New York State Labor Non-Discrimination for Legal Activities Law; · The New York State Civil Rights Whistleblower Law; · The New York Wage Hour And Wage Benefits Workers’ Compensation Law; · The New York Minimum Wage wage and hour and wage payment laws and regulations; • The New York Paid Sick Leave Law; · The Retaliation/New York False Claims Act; • The New York Criminal and Consumer Background Laws, N.Y. Gen. Bus. Law Sec. 380-B et seq.; • The Non-Discrimination provisions and Anti-Retaliation Provisions of the New York Workers’ Compensation Law and the New York Disabilities Law; · The New York City Human Rights Labor Law; · Any • The New York State Worker Adjustment and Retraining Notification Act; • The New York Occupational Safety and Health Laws; • The New York Fair Credit Reporting Act; • any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any • any public policy, contract, tort, or common law; or · Any allegation • any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Settlement Agreement and General Release

General Release of All Claims. Employee Xx. X'Xxxxx knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.discharges, to the fullest extent permitted by law, the Company, its parent corporation, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof)successors, and their assigns, and the current and former employees, members, attorneys, officers, directors directors, insurers, attorneys and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or and unasserted, which the Employee Xx. X'Xxxxx has or may have against Releasees the Company as of the date of his execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 ("ADEA"); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety Immigration Reform and Health Control Act; · • The Fair Credit Reporting Act; • The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, state or local civil or human rights law or any other localfederal, state or federal local law, regulation or ordinance; · Any obligation or claim arising under any public policy, contractcontract express or implied, written or oral), tort, or common law, including but not limited to, wrongful discharge, defamation, emotional distress, misrepresentation and/or obligations arising out of any of the Company's employment policies or practices, employee handbooks and/or any statements by any employee or agent of the Company whether oral or written, except for the Company's obligation to pay Xx. X'Xxxxx the Benefits described herein and to pay Xx. X'Xxxxx his otherwise vested employee benefits; or · and • Any allegation for costs, attorney's fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsexpenses.

Appears in 1 contract

Samples: Severance Agreement and General Release (Connecticut Water Service Inc / Ct)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.Innodata, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employeespartners, affiliates, members, attorneysowners, agents, officers, directors and agents directors, employees, attorneys thereof, both individually and in their business corporate capacities, and their employee benefit plans and plans, programs and arrangements and their administrators administrators, functionaries and fiduciaries (collectively referred to throughout the remainder of this Separation Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including but not limited to, arising out of or related to Employee’s employment or the termination of Employee’s employment with Innodata, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Family and Medical Leave Act; · The Equal Pay Act; The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The XxxxxxxxFair Credit Reporting Act; The Genetic Information Nondiscrimination Act of 2008; Sxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations New Jersey Law Against Discrimination; New Jersey Civil Rights Act; · New Jersey State Wage and Hour Law; New Jersey Genetic Privacy Act; New Jersey Smokers’ Rights Law; New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim; New Jersey Family Leave Act; New Jersey Equal Pay Act; Millville Dallas Airmotive Plant Job Loss Notification Act; New Jersey Conscientious Employee Protection Act (Whistleblower Protection); The Rehabilitation Act of 1973New Jersey Public Employees’ Occupational Safety and Health Act; · The New Jersey Fair Credit Reporting Act; · The New York State Executive LawJersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination;; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any any public policy, contract, tort, or common law; or · Any allegation any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release (Innodata Inc)

General Release of All Claims. Employee knowingly and voluntarily The undersigned individual (“Executive”) hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against PharmaCyte Biotech, Inc. (“Company”), its parent corporationshareholders, subsidiaries, affiliates, subsidiariessuccessors, divisionsassigns, insurersofficers, (and any predecessors, successors and assigns thereof), and their current and former employees, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), to the extent arising out of or related to the performance of any services to or on behalf of the Company or the termination of those services and, other than claims for payments, benefits or entitlements preserved by Section 4 and from any claims for indemnification, advancement of expenses or coverage under the Company’s directors and all claimsofficers liability insurance, known of the Amended and unknown, asserted or unasserted, which the Employee has or may have against Releasees Restated Executive Compensation Agreement dated as of April , 2022, between the date Company and the Executive (“Employment Agreement”), including without limitation: (i) any such claims arising out of execution of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1964; · Sections 1981 through 1988 of Title 42 of 1993, the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control 1974, the Age Discrimination in Employment Act; · The , the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older 1938, the California Fair Employment and Housing Act, the California Labor Code, the California Constitution, the California Family Rights Act, the Nevada Fair Employment Practices Act, the Maryland Fair Employment Practices Act, the Health Care Worker Benefit Whistleblower Protection Act, the Maryland False Claims Act, the Maryland Parental Leave Act, the Maryland Health Working Families Act, the Maryland Wage and Hour Law, the Maryland Wage Payment and Collection Law and the Maryland Equal Pay for Equal Work Law, all including any amendments and their respective implementing regulations; · The Workers Adjustment (ii) any and Retraining Notification Act; · The Occupational Safety all other such claims arising out of or related to any contract, any and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any all other federal, state or local civil constitutions, statutes, rules, regulations or human rights executive orders; or (iii) any and all such claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever (collectively, “Executive’s Claims”). The Executive is not releasing any unemployment claims, workers’ compensation claims, right to COBRA benefits, or any other claim which as a matter of law. To the extent any local, state or federal administrative agency files any claims on the Executive’s behalf arising out of or related to the Executive’s employment, the Executive waives, to the fullest extent permitted by law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, to any right to any monetary or other expenses recovery as a result of such action, with the exception of monetary recovery on whistleblower awards. Execution of this Release by the Executive operates as a complete bar and defense against any and all of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any of the Releasees, as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or proceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, including attorneys’ fees incurred fees, in these mattersdefending against any such Executive’s Claims. Notwithstanding For the abovepurpose of implementing a full and complete release, nothing the Executive expressly acknowledges that the release given in this release Agreement is intended to release include, without limitation, claims that Executive did not know or waive rights suspect to COBRA, any existing rights exist in the Executive’s favor at the time of defense and indemnity or liability insurance coverage under Paragraph 12 execution of the Employment Agreement, regardless of whether the knowledge of such claims, or unemployment insurance benefitsthe facts upon which they might be based, would materially have affected the settlement in this matter, and that the consideration provided under this Agreement is also for the release of those claims and contemplates extinguishment of any such unknown claims. The Executive further waives and relinquishes any rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims, matters, disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in the first paragraph hereof, and that in furtherance of this intention this Release shall be and remain in effect as a full and complete general release to the extent set forth in the first paragraph herein, notwithstanding discovery or existence of any such additional or different facts.

Appears in 1 contract

Samples: Executive Compensation Agreement (PharmaCyte Biotech, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.The Company, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Workers Benefit Protection ActAct of 1990; · The Workers Worker Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive LawFamily and Medical Leave Act; · The New York State Human Rights LawEqual Pay Act; · The New York State Labor LawGenetic Information Nondiscrimination Act of 2008; · The New York State Civil Rights LawOhio Revised Code 4112 and all its subparts; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any any public policy, contract, tort, or common law; or · Any allegation any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above0000 Xxxxx Xxxxx Xxxxx Xxxxxxxxxx, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.Xxxx 00000 513.271.3700 xxxxxxxxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: Confidential_separation Agreement and General Release (Meridian Bioscience Inc)

General Release of All Claims. Except with respect to benefit claims that are accrued but not paid on the date of this Agreement under the express terms of the “Designated Company Employee Benefit Plans” (as defined below) as in effect on such date, and to which the Employee is entitled thereunder in the ordinary course, Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.CuraGen Corporation, its parent corporationparent, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof), and their the current and former employees, members, attorneys, officers, directors directors, partners and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries official capacities (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or and unasserted, which the Employee has or may have against Releasees as of the date of her execution of this Agreement and General Release, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Fair Credit Reporting Act; · The Xxxxxxxx-Xxxxx Act of 2002; · • Connecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-51 et seq.; • The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Connecticut Statutory Provision Regarding Retaliation/Discrimination provisions of the New York for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 3 l-290a; • Connecticut Family and Medical Leave Act, Conn. Gen. Stat. § 31-51 kk et seq.; • The Connecticut Whistleblower Law, Conn. Gen. Stat. § 31-51m; · The New York City Human Rights Connecticut Free Speech Law, Conn. Gen. Stat. § 31-51q; · • Connecticut Wage Hour and Wage Payment Laws, as amended; • Connecticut OSHA, as amended; • Any other federal, state or local civil or human rights law or any other localfederal, state or federal local law, regulation or ordinance; · Any obligation or claim arising under any public policy, contractcontract (express or implied, written or oral), tort, or common law, including but not limited to, wrongful discharge, defamation, emotional distress, misrepresentation and/or obligations arising out of any of CuraGen’s employment policies or practices, employee handbooks and/or any statements by any employee or agent of CuraGen whether oral or written; or · and • Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in connection with Employee’s termination of employment and/or consideration of this release is intended to release or waive rights to COBRA, any existing rights of defense Agreement and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsGeneral Release.

Appears in 1 contract

Samples: Agreement and General Release (Curagen Corp)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.the Company, its parent corporationcorporations, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessorsco-employers, successors and assigns thereof)assigns, and their current current, former and former future employees, members, attorneys, officers, directors directors, shareholders, representatives and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · ■ The Civil Rights Act of 1991; ■ The Rehabilitation Act of 1973; ■ The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 19901990 and its amendments; · ■ The Older Worker Benefits Protection Act; ■ The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Family and Medical Leave Act, and its amendments; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Fair Credit Reporting Act; · The Xxxxxxxx-Xxxxx Act of 2002Act; · The Labor Management Relations Act; · The Rehabilitation National Labor Relations Act; ■ The Equal Pay Act; ■ The Consolidated Omnibus Budget Reconciliation Act; ■ The Fair Labor Standards Act; ■ The Uniformed Services Employment and Reemployment Rights Act; ■ The Xxxxx Xxxxxxxxx Fair Pay Act of 19732009; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any ■ any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any ■ any public policy, contract, tort, or common law; or · Any allegation ■ any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding Employee specifically represents, warrants and confirms that: (a) he has no claims, complaints or actions of any kind filed against the aboveReleasees with any court of law, nothing or local, state or federal government or agency and is not currently aware of any governmental investigation with respect to the Company; (b) he has been properly paid for all hours worked for Employer, and that all commissions, bonuses and other compensation due to his has been paid, with the exception of any salary or consideration explicitly set forth in Section 2 of this Agreement; (c) other than as explicitly set forth in Section 2 of this Agreement, Employee further acknowledges no entitlement to any additional compensation or payment in connection with his employment with Company or ownership/equity (including options to purchase the Company’s common stock under any of the Company’s option plan(s)) in the Company or rights to purchase stock under any other stock purchase plan of the Company); (d) he has not engaged in, and is not aware of, any unlawful conduct in relation to the business of the Company; and (e) Employee acknowledges and agrees that, prior to the Employment Date, Employee has properly submitted for reimbursement all of his expenses in connection with his employment and shall have paid his Company credit card in full (and Employee also acknowledges and agrees, consistent with Insys policies and procedures, that to the extent that Employee has not paid his company credit card in full by the Separation Date that Insys may, but is not obligated to, deduct from his Severance any amounts needed to make payment on his company credit card). If any of these statements in this paragraph are not true, Employee cannot sign this Agreement and must notify the Company immediately, in writing, of the statements that are not true: provided, however, Employee is required to notify Insys immediately, in writing, if the statements that are not true at any time, and if Employee provides such notice Employee will not automatically be disqualified from receiving any Severance under this Agreement, but the issue will be subject to Insys’s review and consideration and reasonable discretion. This general release is intended of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers' compensation or waive rights unemployment laws, and/or any claims which cannot be waived by law. For the sake of clarity, to COBRAthe extent the law permits Employee to file or otherwise pursue on his behalf any charge, complaint or claim against the Company or a Releasee, Employee expressly agrees to waive, forfeit or otherwise forgo any monetary damages, including but not limited to compensatory damages, punitive damages, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 statutory share of the Employment Agreementdamages and/or penalties imposed on the Company or a Releasee and attorneys' fees, to which Employee may otherwise be entitled in connection with said charge, complaint or unemployment insurance benefitsclaim.

Appears in 1 contract

Samples: Separation Agreement and General Release (Insys Therapeutics, Inc.)

General Release of All Claims. Employee Employee, on Employee’s own behalf and on behalf of Employee’s heirs, executors, administrators, successors, and assigns knowingly and voluntarily releases release and forever discharges Penthouse Media Group Inc.Employer, its direct and indirect parent corporationcorporations, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessorsreinsurers, professional employment organizations, representatives, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries fiduciaries, both individually and in their business capacities (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation ofof the following, as amended: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act Internal Revenue Code of 19911986; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Family and Medical Leave Act; ● The Equal Pay Act; ● The Genetic Information Nondiscrimination Act of 2008; ● The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA); ● Executive LawOrder 11246, The Rehabilitation Act, and The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA); · The New York State Human Rights Law; · The New York State Labor Law; · The New York State ● the Ohio Civil Rights LawAct (OCRA); · The New York ● the Ohio Equal Pay Statute; ● the Ohio Wage Hour And Wage Benefits LawPayment Anti-Retaliation Statute; · The New York Minimum Wage Law● the Ohio Whistleblower's Protection Act; · The Retaliation/Discrimination provisions of and ● the New York Ohio Workers' Compensation Law; · The New York City Human Rights Law; · Any Anti-Retaliation Statute, ● any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any ordinance ● any public policy, contract, tort, or common law; ● any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, PTO, and severance that may be legally waived and released; ● any and all claims for monetary or · Any allegation for costsequitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the aboveexpenses, nothing in this release is intended to release or waive rights to COBRAcosts and disbursements, any existing rights of defense punitive damages, liquidated damages, and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.penalties; and

Appears in 1 contract

Samples: Separation Agreement and General Release (Navidea Biopharmaceuticals, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.RHI, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, including but not limited to Hallmark Entertainment, Inc. and Signboard Hill Productions, Inc., and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Human Rights Law, as amended; · The New York State Human Rights LawExecutive Law Section 290 et seq.; · The New York State Labor LawRelations Act; · The New York State Civil Labor Law; • The New York Equal Rights Law; · The New York Wage Hour And and Wage Benefits LawPayment Laws; · The New York Minimum Wage Law, as amended; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Administrative Code; • Equal Pay Law for New York, as amended; • Missouri Human Rights LawLaw – Mo. Rev. Stat. §213.010 et seq.; · Any • Missouri Statutory Provisions Regarding Retaliation/Discrimination for Filing Worker’s Compensation Claim – Mo. Rev. Stat. §287.780; • Missouri Equal Pay Law – Mo. Rev. Stat. §290.400 et seq.; • Missouri Handicap Discrimination Law – Mo. Rev. Stat §209.150 et seq.; • Missouri State Wage Payment and Work Hour Laws; • any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any • any public policy, contract, tort, or common law; or · Any allegation • any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Agreement and General Release (RHI Entertainment, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.the Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to: (i) all claims arising out of, or related in any alleged violation ofway to, Employee’s employment, compensation, or terms and conditions of employment or separation of employment from Employer, including without limitation, all claims for any compensation payments, bonus, severance pay, equity or any other compensation or benefit, and all claims under the offer letter dated October 3, 2017 between Employer and Employee, and (ii) all claims that were or could have been asserted by Employee under applicable law, including: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive LawFamily and Medical Leave Act; · The Equal Pay Act; The Genetic Information Nondiscrimination Act of 2008; The New York State Human Rights Law; · The New York State Executive Law; The New York Labor Law; · The New York State Corrections Law; The New York Civil Rights Law; · The New York Wage Hour And Wage Benefits Equal Pay Law; · The New York Minimum Wage Whistleblower Law; · The Retaliation/Discrimination provisions New York Legal Activities Law; The New York Wage-Hour and Wage-Payment Laws and Regulations; The New York Occupational Safety and Health Laws; Non-discrimination and Anti-retaliation Provisions of the New York Workers’ Compensation Law and the New York ~2~ Disabilities Law; · The New York City Human Rights Law; · Any any other federal, state state, local or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, constitution, code, guideline, or ordinance; · Any any public policy, contractcontract (oral or written, express or implied), tort, or common law; any statute, common law, agreement or · Any allegation other basis for seeking or recovering damages for emotional distress, pain and suffering and/or mental anguish; or any statute, common law, agreement or other basis for seeking or recovering any costs, fees, or other expenses expenses, including but not limited to attorneys’ fees incurred in these matters. Notwithstanding the aboveand/or costs, nothing in provided, however, that such general release will not limit or release Employee’s rights under this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release (Balchem Corp)

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General Release of All Claims. Employee knowingly and voluntarily Xxxxxxx hereby waives, releases and forever discharges Penthouse Media Group Inc.Omega Flex, its parent corporation, affiliatesand the parents, subsidiaries, divisions, insurers, (and any predecessorsaffiliates, successors and assigns thereof)of Omega Flex (collectively, and their the “Omega Flex Companies”) together with the current and former officers, directors, trustees, employees, members, attorneys, officersor agents of any of the Omega Flex Companies (collectively, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as Omega Flex Releasees”), of and from any and all claims, known and unknowncauses of action or suits Xxxxxxx may have, asserted or unasserted, which the Employee now has or may have in the future against the Omega Flex Releasees as upon or by reason of any matter, cause or thing whatsoever from the beginning of the date world to the Effective Date, including without limitation any claims arising from or related, directly or indirectly, to Xxxxxxx’x employment with the Omega Flex Companies and the separation of execution employment with Omega Flex. These claims include without limitation claims for wages, salary, incentive compensation, bonuses or any other compensation or benefits, defamation, breach of this Agreement fiduciary duties, and General Releaseany and all claims arising under federal, state and local statutory or common law, including, but not limited towithout limitation, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of , The Americans With Disabilities Act (“ADA”), the United States Code; · The 1991 Civil Rights Act, the Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · , The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA(“ADEA”), any existing rights of defense and indemnity or liability insurance coverage claims under Paragraph 12 of the Employment AgreementAgreement between Xxxxxxx and Omega Flex dated March 27, 2006, any claims under the Omega Flex, Inc. 2006 Phantom Stock Plan, and the law of contract and tort. Xxxxxxx acknowledges that: § he was given a period of at least twenty-one (21) days within which to consider whether or unemployment insurance benefits.not to sign the Agreement and release claims pursuant to the ADEA § he has a period of at least seven (7) days following his execution of this Agreement in which he may revoke it, in writing. § Xxxxxxx further acknowledges that he has been advised in writing by the terms of this Agreement to consult with an attorney prior to executing this Agreement and that he voluntarily and knowingly consents to its terms. § This Agreement shall not become effective or enforceable until seven (7) days after the date of this Agreement (the “Effective Date”). Initials: _/s/ DES

Appears in 1 contract

Samples: Separation Agreement and Release (Omega Flex, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.SPI, its parent corporationparent, affiliates, subsidiaries, joint ventures, holding companies, divisions, insurers, (and any predecessors, successors and assigns thereof(collectively, “the Company”), and their current and former employees, members, attorneys, officers, directors directors, board committee members, shareholders, and agents thereof, both individually and in their business capacities, and their insurers, employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · § Title VII of the Civil Rights Act of 1964; · § Sections 1981 through 1988 of Title 42 of the United States Code; · § The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · § The Immigration Reform and Control Act; · § The Americans with Disabilities Act of 1990; · § The Age Discrimination in Employment Act of 19671967 (“ADEA”); · § The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · § The Fair Credit Reporting Act; · § The New York Family and Medical Leave Act; § The Equal Pay Act; § The Genetic Information Nondiscrimination Act of 2008; § All Maryland laws including: § Maryland Human Relations Act – Md. State Executive LawGovernment Code Xxx. § 20-101 et seq., any regulations thereunder, and any human rights law of any Maryland county or municipality; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The § Maryland Statutory Provision Regarding Retaliation/Discrimination provisions of the New York for Filing a Workers’ Compensation LawClaim – Md. Labor & Employment Code § 9-1105; · The New York City Human Rights Law§ Maryland Equal Pay Law – Md. Labor & Employment Code § 3-301 et seq.; · Any § Maryland Adoption Leave Law – Md. Labor & Employment Code §§ 3-801 and 3- 802; § Maryland Medical Information Bias Law – Md. Labor & Employment Code § 5- 604; § Maryland Volunteer/Civil Air Patrol Law – Md. Labor & Employment Code § 3- 703; § Maryland Military Leave Law – Md. Public Safety Code § 13-705; § Maryland law protecting witnesses, jurors and victims who attend court proceedings – Md. Courts and Judicial Proceedings Code §§ 8-105, 9-205; § Maryland Day of Rest Law – Md. Labor & Employment Code § 3-704; § Maryland Lie Detector Law – Md. Labor & Employment Code § 3-702; § Maryland Workplace Fraud Act, Md. Labor & Employment Code § 3-901 et seq.; § Maryland Job Applicant Fairness Act – Md. Labor & Employment Code § 3-711, effective October 1, 2011; § Maryland Wage and Hour Laws – Md. Labor & Employment Code §§ 3-401 et seq. and 3-501 et seq.; § Maryland Occupational Safety & Health Act, as amended – Md. Labor & Employment Code § 5-101 et seq.; § Maryland Flexible Leave Act; § Maryland Pay Disparity Act; § any other statutory claims; § any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any § any public policy, contract, tort, or common law; or · Any allegation § any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding Subject to the abovelimitations below, nothing Employee agrees not to institute a lawsuit against any Releasee alleging any claim that Employee is releasing in this release is intended to release or waive rights to COBRAAgreement. Employee agrees that, any existing rights if Employee challenges the validity of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment this Agreement, or unemployment insurance benefitsEmployee shall return to SPI all the consideration Employee received from SPI under this Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Sucampo Pharmaceuticals, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.SPI, its parent corporationparent, affiliates, subsidiaries, joint ventures, holding companies, divisions, insurers, (and any predecessors, successors and assigns thereof(collectively, “the Company”), and their current and former employees, members, attorneys, officers, directors directors, board committee members, shareholders, and agents thereof, both individually and in their business capacities, and their insurers, employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Separation Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · § Title VII of the Civil Rights Act of 1964; · § Sections 1981 through 1988 of Title 42 of the United States Code; · § The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · § The Immigration Reform and Control Act; · § The Americans with Disabilities Act of 1990; · § The Age Discrimination in Employment Act of 19671967 (“ADEA”); · § The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · § The Fair Credit Reporting Act; · § The New York Family and Medical Leave Act; § The Equal Pay Act; § The Genetic Information Nondiscrimination Act of 2008; § All Maryland laws including: § Maryland Human Relations Act – Md. State Executive LawGovernment Code Xxx. § 20-101 et seq., any regulations thereunder, and any human rights law of any Maryland county or municipality; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The § Maryland Statutory Provision Regarding Retaliation/Discrimination provisions of the New York for Filing a Workers’ Compensation LawClaim – Md. Labor & Employment Code § 9-1105; · The New York City Human Rights Law§ Maryland Equal Pay Law – Md. Labor & Employment Code § 3-301 et seq.; · Any § Maryland Adoption Leave Law – Md. Labor & Employment Code §§ 3-801 and 3- 802; § Maryland Medical Information Bias Law – Md. Labor & Employment Code § 5- 604; § Maryland Volunteer/Civil Air Patrol Law – Md. Labor & Employment Code § 3- 703; § Maryland Military Leave Law – Md. Public Safety Code § 13-705; § Maryland law protecting witnesses, jurors and victims who attend court proceedings – Md. Courts and Judicial Proceedings Code §§ 8-105, 9-205; § Maryland Day of Rest Law – Md. Labor & Employment Code § 3-704; § Maryland Lie Detector Law – Md. Labor & Employment Code § 3-702; § Maryland Workplace Fraud Act, Md. Labor & Employment Code § 3-901 et seq.; § Maryland Job Applicant Fairness Act – Md. Labor & Employment Code § 3-711, effective October 1, 2011; § Maryland Wage and Hour Laws – Md. Labor & Employment Code §§ 3-401 et seq. and 3-501 et seq.; § Maryland Occupational Safety & Health Act, as amended – Md. Labor & Employment Code § 5-101 et seq.; § Maryland Flexible Leave Act; § Maryland Pay Disparity Act; § any other statutory claims; § any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any § any public policy, contract, tort, or common law; or · Any allegation § any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. Notwithstanding Subject to the abovelimitations below, nothing Employee agrees not to institute a lawsuit against any Releasee alleging any claim that Employee is releasing in this release is intended to release or waive rights to COBRASeparation Agreement. Employee agrees that, any existing rights if Employee challenges the validity of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment this Separation Agreement, or unemployment insurance benefitsEmployee shall return to SPI all the consideration Employee received from SPI under this Separation Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Sucampo Pharmaceuticals, Inc.)

General Release of All Claims. Employee knowingly and voluntarily The undersigned individual (the “Executive”) hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against Rxxx Xxxxxx and Company, Inc. (the “Company”), its parent corporationstockholders, subsidiaries, affiliates, subsidiariessuccessors, divisionsassigns, insurersofficers, (and any predecessors, successors and assigns thereof), and their current and former employees, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), to the extent arising out of or related to the performance of any services to or on behalf of the Company or the termination of those services and from any other than claims for payments, benefits or entitlements preserved by Section 3, and all claimsclaims for indemnification and advancement of expenses under Section 2(G), known and unknown, asserted or unasserted, which of the Employee has or may have against Releasees Employment Agreement dated as of December 4, 2007, between the date Company and the Executive (the “Employment Agreement”), including without limitation: (i) any such claims arising out of execution of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1964; · Sections 1981 through 1988 of Title 42 of 1993, the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control 1974, the Age Discrimination in Employment Act; · The , the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The 1938, the New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of , the New York Workers’ Compensation LawJersey Law Against Discrimination, the New Jersey wage and hour laws, and the New Jersey Conscientious Employee Protection Act, the California Fair Employment and Housing Act, the California Labor Code; · The New York City Human Rights Law; · Any (ii) any and all other such claims arising out of or related to any contract, any and all other federal, state or local civil constitutions, statutes, rules, regulations or human rights executive orders; or (iii) any and all such claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever (collectively, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and defense against any and all of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any other localof the Releasees, state as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or federal lawproceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred fees, in these defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims, matters. Notwithstanding , disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the aboveparties to the extent set forth in the first paragraph hereof, nothing and that in furtherance of this intention this Release shall be and remain in effect as a full and complete general release is intended to release the extent set forth in the first paragraph herein, notwithstanding discovery or waive rights to COBRA, existence of any existing rights of defense and indemnity such additional or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsdifferent facts.

Appears in 1 contract

Samples: Stock Option Agreement (Russ Berrie & Co Inc)

General Release of All Claims. Employee Executive knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.the Company, its parent corporation, affiliates, subsidiaries, divisions, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee Executive has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive LawFamily and Medical Leave Act; · ■ The Equal Pay Act; ■ The Genetic Information Nondiscrimination Act of 2008; ■ The New York State Human Rights Law; · The New York State Executive Law; ■ The New York Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Equal Pay Law; · ■ The New York Whistleblower Law; ■ The New York Wage-Hour and Wage Payment Laws and Regulations; ■ The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; · The New York City Human Rights LawState Worker Adjustment and Retraining Notification Act; · Any ■ any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any ■ any public policy, contract, tort, or common law; or · Any allegation ■ any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Agreement and General Release (Innovative Food Holdings Inc)

General Release of All Claims. Employee knowingly and voluntarily The undersigned individual (the “Executive”) hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against Kid Brands, Inc. (the “Company”), its parent corporationshareholders, subsidiaries, affiliates, subsidiariessuccessors, divisionsassigns, insurersofficers, (and any predecessors, successors and assigns thereof), and their current and former employees, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), to the extent arising out of or related to the performance of any services to or on behalf of the Company or the termination of those services and from any other than claims for payments, benefits or entitlements preserved by Section 4, and all claimsclaims for indemnification, known advancement of expenses and unknowndirectors’ and officers’ liability insurance coverage under Section 3(H), asserted or unasserted, which of the Employee has or may have against Releasees Employment Agreement dated as of March 14, 2013, between the date Company and the Executive (the “Employment Agreement”), including without limitation: (i) any such claims arising out of execution of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1964; · Sections 1981 through 1988 of Title 42 of 1993, the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control 1974, the Age Discrimination in Employment Act; · The , the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The 1938, the New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of , the New York Workers’ Compensation LawJersey Law Against Discrimination, the New Jersey wage and hour laws, and the New Jersey Conscientious Employee Protection Act, the California Fair Employment and Housing Act, the California Labor Code; · The New York City Human Rights Law; · Any (ii) any and all other such claims arising out of or related to any contract, any and all other federal, state or local civil constitutions, statutes, rules, regulations or human rights executive orders; or (iii) any and all such claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever (collectively, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and defense against any and all of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any other localof the Releasees, state as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or federal lawproceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred fees, in these defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims, matters. Notwithstanding , disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the aboveparties to the extent set forth in the first paragraph hereof, nothing and that in furtherance of this intention this Release shall be and remain in effect as a full and complete general release is intended to release the extent set forth in the first paragraph herein, notwithstanding discovery or waive rights to COBRA, existence of any existing rights of defense and indemnity such additional or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsdifferent facts.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Kid Brands, Inc)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.Bancorp, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · The New York Jersey Law Against Discrimination; · The New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Executive Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New York State Human Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New York State Labor LawJersey Genetic Privacy Act; · The New York State Civil Rights LawJersey Fair Credit Reporting Act; · The New York Wage Hour And Wage Benefits LawJersey Statutory Provision Regarding Retaliation/Discrimination for Filing A Workers’ Compensation Claim; · The New York Minimum Wage LawJersey Public Employees’ Occupational Safety and Health Act; · The Retaliation/Discrimination provisions New Jersey laws regarding Political Activities of the New York Workers’ Compensation LawEmployees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · The New York City Human Rights Law; · Any any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any any public policy, contract, tort, or common law; or · Any allegation any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.

Appears in 1 contract

Samples: Agreement and General Release (Bancorp of New Jersey, Inc.)

General Release of All Claims. Employee Hoffnung knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.discharges, to the fullest extent permitted by law, the Company and its related entities, parent corporationcompanies, owners, members, managers, affiliates, subsidiaries, divisions, insurerspredecessors, (insurers and any predecessorsreinsurers, successors and assigns thereof)assigns, and their the current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries fiduciaries, all of whom are intended third-party beneficiaries of this Agreement (collectively referred to throughout the remainder of this Agreement as the ReleaseesReleased Parties”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee Hoffnung has or may have against any of the Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: · Any federal, state or local law, rule, regulation, or ordinance; · Any public policy, contract, tort, or common law; or · Any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters; · The Age Discrimination in Employment Act, as amended; · Title VII of the Civil Rights Act of 1964, as amended; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991, including any claims for benefits under Company’s health insurance plans; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967; · The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Fair Credit Reporting Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Occupational Safety and Health Act; · The Rehabilitation Act of 1973Equal Pay Act; · The Fair Credit Reporting Labor Standards Act; · The New York State Executive LawImmigration Reform and Control Act; · The Family Medical Leave Act of 1993 · The Workers Adjustment and Retraining Notification Act · The New York State Human Rights Law; · The New York Labor Law (including without limitation the Retaliatory Action by Employers Law, the New York State Labor LawWorker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law); · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions Section 125 of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.;

Appears in 1 contract

Samples: Confidential Separation and Transition Services Agreement (Vireo Health International, Inc.)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.Innodata, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employeespartners, affiliates, members, attorneysowners, agents, officers, directors and agents directors, employees, attorneys thereof, both individually and in their business corporate capacities, and their employee benefit plans and plans, programs and arrangements and their administrators administrators, functionaries and fiduciaries (collectively referred to throughout the remainder of this Separation Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including but not limited to, arising out of or related to Employee’s employment or the termination of Employee’s employment with Innodata, including, but not limited to, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · Sections 1981 through 1988 of Title 42 of the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit planas modified below); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 19671967 (“ADEA”); · The Older Worker Benefit Protection Family and Medical Leave Act; · The Equal Pay Act; The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The XxxxxxxxFair Credit Reporting Act; The Genetic Information Nondiscrimination Act of 2008; Sxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations New Jersey Law Against Discrimination; New Jersey Civil Rights Act; · New Jersey State Wage and Hour Law; New Jersey Genetic Privacy Act; New Jersey Smokers’ Rights Law; New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim; New Jersey Family Leave Act; New Jersey Equal Pay Act; Millville Dallas Airmotive Plant Job Loss Notification Act; New Jersey Conscientious Employee Protection Act (Whistleblower Protection); The Rehabilitation Act of 1973New Jersey Public Employees’ Occupational Safety and Health Act; · The New Jersey Fair Credit Reporting Act; · The New York State Executive LawJersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · The New York State Human California Family Rights LawAct – Cal. Gov’t Code § 12945.2 et seq., as amended; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federalCalifornia Fair Employment and Housing Act – Cal. Gov’t Code § 12900 et seq., state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.as amended;

Appears in 1 contract

Samples: Separation Agreement and General Release (Innodata Inc)

General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc.Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, (and any predecessors, successors and assigns thereof)assigns, and their current and former employees, members, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: · § Title VII of the Civil Rights Act of 1964; · § Sections 1981 through 1988 of Title 42 of the United States Code; · § The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · § The Immigration Reform and Control Act; · § The Americans with Disabilities Act of 1990; · § The Age Discrimination in Employment Act of 19671967 (“ADEA”); · § The Older Worker Benefit Protection Act; · The Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · § The Fair Credit Reporting Act; · § The New York State Executive LawFamily and Medical Leave Act; · § The Equal Pay Act; § The New York State Human Rights Law, as amended; · The New York State Labor Law; · § The New York State Civil Rights Law, as amended; · § The New York State Wage Hour And Wage Benefits LawPayment Laws, as amended; · § The New York Minimum Wage State Equal Rights Law, as amended; · § The Retaliation/Discrimination New York State Equal Pay Law, as amended; § The retaliation provisions of the New York State Workers’ Compensation Lawand Disability Benefits Laws, as amended; · § The New York City Human Rights State Labor Law, as amended; · Any § The New York Occupational Safety and Health Laws, as amended; § any other federal, state or local civil or human rights law or any other local, state or federal law, regulation rule, regulation, or ordinance; · Any § any public policy, contract, tort, or common law; or · Any allegation § any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in these matters. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any punative or certified class, collective or multi-party action or proceeding based on such a claim in which Employer or any other Releasee identified in this Agreement is a party. Notwithstanding the aboveforegoing, nothing in the Employee and Releasees agree that this general release is intended does not apply to release or waive rights to COBRAany claims Employee may have for worker’s compensation benefits, any existing rights unemployment insurance, the Consolidated Omnibus Budget Reconciliation Act of defense and indemnity or liability insurance coverage under Paragraph 12 1986, the provisions of the Employment Agreement, American Recovery and Reinvestment Act of 2009 or unemployment indemnification as an officer or in any other capacity of any Releasee as provided by state law or any organization documents or insurance benefitspolicy of any Releasee as well as any other claims that cannot lawfully be released.

Appears in 1 contract

Samples: Agreement and General Release (Cleveland Biolabs Inc)

General Release of All Claims. A. In exchange for the above-referenced consideration, the Employee knowingly and voluntarily hereby irrevocably releases and forever discharges Penthouse Media Group Inc.any and all known and unknown liabilities, its parent corporationdebts, affiliatesobligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Employee ever had, now has or may have as of the date of the Employee’s execution of this Release, against the Company, the Parent, the Parent’s stockholders, subsidiaries, divisions, insurers, (and any predecessorsaffiliates, successors and assigns thereof(the “Employer Group”), and each of their current and former employeesrespective officers, membersdirectors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereofassigns (together with the Employer Group, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), whether or not arising out of and from or related to the performance of any and all claims, known and unknown, asserted services to or unasserted, which the Employee has or may have against Releasees as on behalf of the date Employer Group or the termination of execution those services, including without limitation: (i) any claims arising out of this Agreement and General Releaseor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the Civil Rights Act of 1964; · , as amended, the federal Civil Rights Acts of 1866, 1871, 1964, Sections 1981 through 1981-1988 of Title 42 of the United States Code; · The , the Fair Credit Reporting Act, the Occupational Health and Safety Act, the Employee Polygraph Protection Act, the Immigration Reform Control Act, the retaliation provisions of the Xxxxxxxx-Xxxxx Act of 2002, the Federal False Claims Act, the Equal Pay Act, the Age Discrimination in Employment Act, as amended, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); · The Civil Rights Act of 1991; · The Immigration Reform and Control Act; · The 1974, the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967; · The Older Worker Benefit Protection 1938, the California Fair Employment and Housing Act; · The , the California Business & Professions Code, the California Labor Code, the California Civil Code, the California Family Rights Act, the California Whistleblower Statute, the California WARN Act, the California Government Code, the retaliation provisions of California’s Workers Adjustment and Retraining Notification Act; · The Occupational Safety and Health Act; · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Compensation Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination , the retaliation provisions of the New York Workers’ Compensation LawCalifornia State Wage and Hour Laws and the California State Wage and Hour Laws; · The New York City Human Rights Law; · Any (ii) any and all other claims arising out of or related to any contract, any and all other federal, state or local civil constitutions, statutes, rules, regulations, ordinances or human rights executive orders; and (iii) any and all claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for any kind of tortious conduct, promissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever, or; any and all claims for attorneys’ fees, costs and expenses (collectively, “Claims”). This paragraph does not release the obligations of the Company under this Agreement and the benefits explicitly preserved and/or provided to the Employee under this Agreement or any other localclaims that lawfully cannot be waived, state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding and shall not affect any vested rights Employee may have under the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefitsCompany’s employee benefit plans.

Appears in 1 contract

Samples: Separation and Release Agreement (Kid Brands, Inc)

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