Common use of General Release of All Claims Clause in Contracts

General Release of All Claims. In exchange for the Company’s payment of the benefits described in Section 2(c) of your Letter Agreement with the Company, you voluntarily, fully and unconditionally release and forever discharge the Company and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, and their respective officers, directors, employees, agents and plan administrators, in their individual and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all charges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known or unknown, to whomever made, which you have or may have against 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 on which you sign this Agreement, except 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, the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment laws, statutes, standards or human rights legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and 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 4 contracts

Samples: Letter Agreement (J Crew Group Inc), Letter Agreement (Chinos Holdings, Inc.), Letter Agreement (Chinos Holdings, Inc.)

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General Release of All Claims. In exchange for (a) For valuable consideration, the Company’s payment adequacy of which is hereby acknowledged, the benefits described in Section 2(c) undersigned Executive, on his own behalf and on behalf of your Letter Agreement with his heirs, executors, administrators, successors, representatives and assigns, does herein knowingly and voluntarily unconditionally release, waive, and fully discharge the CompanyParent, you voluntarily, fully and unconditionally release and forever discharge the Company and its past each of their subsidiaries (including successors and present parents, subsidiaries, affiliates, predecessors, successors, assigns, assigns thereof) and all of their respective past, present and future employees, officers, directors, employeesagents, agents and plan affiliates, parents, predecessors, administrators, in their individual representatives, attorneys, and corporate capacities (hereinafter collectively referred to as “Releasees”) shareholders, and employee benefit plans, from any and all chargeslegal claims, actionsliabilities, suits, causes of actionaction (whether before a court or an administrative agency), demandsdamages, costs, attorneys’ fees, interest, injuries, expenses, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages demands of any nature whatsoever, whether now known or unknown, to whomever madeliquidated or unliquidated, absolute or contingent, at law or in equity, which you were or could have been filed with any Federal, state or may have against local court, agency, arbitrator or any other entity, based directly on indirectly on the Executive’s employment with and separation from the Company or all based on any other alleged act or omission by or on behalf of the Releasees Parent, or the Company prior to the Executive’s signing this Noncompetition Agreement. Without limiting the generality of the foregoing terms, this Noncompetition Agreement and this Section providing a general release of all claims specifically includes all claims based on the terms, conditions, and privileges of employment, and those based on breach of contract (express or implied), tort, harassment, intentional infliction of emotional distress, defamation, negligence, privacy, employment discrimination, retaliation, discharge not for or by reason of any just cause, nature or thing whatsoever arising out of or related to your employment with the Companyconstructive discharge, the termination of such employment, or otherwise, from the beginning of time up to and including the date on which you sign this Agreement, except 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 todischarge, the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), the Older Workers Benefit Protection Act of 1990, the Worker Adjustment and Retraining Notification Act, as amended; , Executive Order 11,141 (age discrimination), Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; Section 1981 of , the Civil Rights Act of 1866; 1866 and 1871, Section 1981 through 1988 of Title 42 of the United States Code, as amended, 41 U.S.C. Section 1981 (discrimination), 29 U.S.C. Section 206(d)(1) (equal pay), Executive Order 11,246 (race, color, religion, sex and national origin discrimination), the National Labor Relations Act, the Equal Pay Act; Act of 1993, the Americans with Disabilities Act and/or of 1990, the Rehabilitation Act of 1973; the Employee Retirement Income Security Occupational Safety and Health Act; the WARN Act; the Consolidated Omnibus Budget Reconciliation Act; , as amended, the Family Medical Leave Act, the Immigration Reforn and Control Act, as amended; , the Genetic Information Nondiscrimination Vietnam Era Veterans Readjustment Assistance Act, Sections 503-504 of the Rehabilitation 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 to1973 (handicap rehabilitation), the New York State Human Rights LawEmployee Retirement Income Security Act of 1974, the New York Labor Lawas amended, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment fair employment, civil or human rights, wage and hour laws and wage payment laws, and any other Federal, state, local or other governmental statutes, standards laws, ordinances, regulations and orders, under common law, and under any Company policy, procedure, bylaw or human rule. This Section 5 of the Noncompetition Agreement shall not waive or release any rights legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge claims that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising Executive may have which arise after the date on which you sign of this Noncompetition Agreement or that arise under or are preserved by the Agreement, and your right to file administrative charges with certain government agencies; and shall not waive any claims for benefits required by applicable law (bincluding post-termination health-continuation insurance benefits required by state or Federal law) challenge or claims arising under the terms of any applicable plan, program or other arrangement of the Company’s failure to comply with its obligation in Paragraph 1 above.

Appears in 4 contracts

Samples: Change in Control Agreement (Aon PLC), Change in Control Agreement (Aon PLC), Change in Control Agreement (Aon PLC)

General Release of All Claims. In exchange Except for an action to enforce the Company’s payment terms of the benefits described in Section 2(c) of your Letter Agreement with the Companythis Agreement, you voluntarilyExecutive hereby freely, knowingly and voluntarily releases and fully and unconditionally release and forever discharge discharges the Company (and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, predecessors, and their respective present and former directors, officers, directorsagents, shareholders, fiduciaries, plan administrators, employees, agents attorneys, insurers, and plan administratorsrepresentatives) (collectively, in their individual and corporate capacities (hereinafter collectively referred to as the Company Releasees”) of and from any and all chargesclaims, actionsdemands, causes of action, demandsand rights, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoeverknown and unknown, whether now known in contract, tort or unknownotherwise, all to whomever made, which you have or may have against any or all of the Releasees for or by reason of any cause, nature or thing whatsoever extent arising out of or related relating to your employment with Executive’s employment. Nothing set forth herein shall be deemed to be a release of any claim that Executive has or may have arising from or relating to his rights as a holder of stock, options, or other securities or instruments issued by Company, or as a member of the Board of Directors of the Company. Without limiting the foregoing, Executive specifically releases and fully discharges the termination Company Releasees of such employment, or otherwise, and from the beginning of time up to any and including the date on which you sign this Agreement, except as otherwise specifically stated in this Agreement. Such all claims, obligationsdemands, or liabilities includecauses of action, 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 ordinancesand rights, including but not limited to: any alleged violation of federal, state or local laws prohibiting discrimination on the Age Discrimination in Employment Actbasis of sex, as amended; race, age, disability, national origin, color, religion, veteran status, marital status, sexual orientation, or any other protected classification or status, including but not limited to any and all claims under Title VII of the Civil Rights Act of 1964, as amended; 1964 and the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment laws, statutes, standards civil or human rights legislationlaws, including any violation of the federal Age Discrimination in Employment Act of 1967, as amended and the Connecticut Fair Employment Practices Act; any public policy, contract, tort or common law obligation, including but not limited to breach of express or implied contract or of an implied covenant of good faith and fair dealing, fraud, and negligent or intentional infliction of emotional distress; any claim for severance paywages or other compensation under any federal or state wage payment laws, noticeincluding the Fair Labor Standards Act and the Connecticut Wage Payment Laws, pay in lieu of notice, salaryand their implementing regulations; any claim for compensation, bonus, incentive or additional compensationpay, vacation pay, insurancesick pay, separation or severance payments of any kind, or any other payments or benefits; and any obligation for costs, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive fees or other employment termination program offered to a group or class expenses. Company, on behalf of itself and its parents, subsidiaries, affiliates, successors, assigns, predecessors, and present and former directors, officers, agents, shareholders, fiduciaries, plan administrators, employees. Notwithstanding , attorneys, insurers, and representatives, hereby freely, knowingly and voluntarily releases and fully discharges the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation Executive of and from any and all claims, claims arising after the date on which you sign this Agreementdemands, causes of action, and your right to file administrative charges with certain government agencies; rights, known and (b) challenge the Company’s failure to comply with its obligation unknown, whether in Paragraph 1 abovecontract, tort or otherwise.

Appears in 4 contracts

Samples: Employment Agreement (Fortified Holdings Corp.), Employment Agreement (Fortified Holdings Corp.), Employment Agreement (Fortified Holdings Corp.)

General Release of All Claims. In exchange for the Company’s payment and provision of the amounts and benefits described in Section 2(c) of your Letter Agreement employment agreement with the J Crew Group, Inc. (the “Company”) dated May 30, 2017 (the “Employment Agreement”), as set forth on Schedule I hereto, you voluntarily, fully and unconditionally release and forever discharge the Company and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, and their respective officers, directors, employees, agents and plan administrators, in their individual and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all charges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known or unknown, to whomever made, which you have or may have against 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, or otherwise, from the beginning of time up to and including the date on which you sign this Agreement, except 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, the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment laws, statutes, standards or human rights legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and 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; (c) your vested and accrued rights under Company qualified retirement, health, or welfare plans; and (d) any rights you may have to indemnification or the protection of directors’ and officers’ liability insurance.

Appears in 3 contracts

Samples: General Release (J Crew Group Inc), General Release (J Crew Group Inc), Chinos Holdings, Inc.

General Release of All Claims. In exchange for the Company’s payment of the benefits [described in Section 2(c) of your Letter Agreement with the CompanyParagraph [—] above], you voluntarily, fully and unconditionally release and forever discharge the Company and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, and their respective officers, directors, employees, agents and plan administrators, in their individual and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all charges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known or unknown, to whomever made, which you have or may have against 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 on which you sign this Agreement, except 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, the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment laws, statutes, standards or human rights legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and 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 2 contracts

Samples: Letter Agreement (Chinos Holdings, Inc.), Letter Agreement (J Crew Group Inc)

General Release of All Claims. In exchange for the Company’s payment of the benefits described in Section 2(c) of your Letter Agreement employment agreement with the CompanyCompany dated December 3, 2015 (the “Employment Agreement”), as amended from time to time, you voluntarily, fully and unconditionally release and forever discharge the Company and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, and their respective officers, directors, employees, agents and plan administrators, in their individual and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all charges, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known or unknown, to whomever made, which you have or may have against 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, or otherwise, from the beginning of time up to and including the date on which you sign this Agreement, except 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, the Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 employment laws, statutes, standards or human rights legislation; or any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and your right to file administrative charges with certain government agencies; and (bagencies;(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 welfare plans; and (d) any rights you may have to indemnification or the protection of directors’ and officers’ liability insurance.

Appears in 2 contracts

Samples: Letter Agreement (J Crew Group Inc), Execution Version (Chinos Holdings, Inc.)

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General Release of All Claims. In exchange for the Company’s payment commitments of the benefits described Company as set forth in Section 2(c) of your Letter Agreement with the Companythis Agreement, you voluntarilywhich Employee acknowledges and agrees provide consideration to which Employee would not otherwise be entitled, fully and unconditionally Employees agrees to release and forever discharge unconditionally the Company and any of its past and or present parents, subsidiaries, affiliates, related entities, predecessors, successorsmerged entities and parent entities, assignsbenefit plans, and all of their respective past and present officers, directors, stockholders, employees, agents benefit plan administrators and plan administratorstrustees, in agents, attorneys, insurers, representatives, affiliates and all of their individual respective successors and corporate capacities assigns (hereinafter collectively referred to as collectively, the ReleaseesCompany Released Parties) ), from any and all chargesclaims, actions, causes of action, demands, debtsobligations, duesgrievances, bondssuits, accountslosses, covenantsdebts and expenses (including attorney’s fees and costs), contracts, liabilities, damages and claims in law or damages in equity of any nature whatsoever, whether now known or unknown, to whomever madesuspected or unsuspected, which you have Employee ever had, now has, or may ever have against 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 Company Released Party up to and including the date day on which you sign this Agreement, except as otherwise specifically stated in Employee signs this Agreement. Such claimsWithout limiting the generality of the foregoing, obligations, or liabilities the claims Employee is waiving 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(a) any claims, equitydemands, and causes of action alleging violations of public policy, or of any federal, state, or local statutes law, statute, regulation, executive order, or ordinancesordinance, including but not limited toor of any duties or other obligations of any kind or description arising in law or equity under federal, state, or local law, regulation, ordinance, or public policy having any bearing whatsoever on the Age Discrimination in Employment Actterms or conditions of Employee’s employment with or by the Company or the termination or resignation of Employee’s employment with the Company or any association or transaction with or by the Company; (b) all claims of discrimination or harassment on the basis of sex, as amendedrace, national origin, religion, sexual orientation, disability, veteran status or any other legally protected category, and of retaliation; (c) all claims under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the Genetic Information Nondiscrimination Act, 42 U.S.C. § 1981, as amended, and all other federal, state and local fair employment and anti-discrimination laws, all as amended, including without limitation the Ohio Civil Rights Act, O.R.C. § 4112.01 et seq., the Ohio Age Discrimination in Employment Act, O.R.C § 4112.14; (d) all claims under the Worker Adjustment and Retraining Notification Act and/or and similar state and local statutes, all as amended, including without limitation the Rehabilitation Ohio Uniformed Services Employment and Reemployment Act, Ohio Rev. Code §§ 5903.01, 5903.02; (e) all claims under the National Labor Relations Act, as amended; (f) all claims under the Family and Medical Leave Act of 1973and other federal, state and local leave laws, all as amended; (g) all claims under the Employee Retirement Income Security ActAct (except with respect to accrued vested benefits under any retirement or 401(k) plan in accordance with the terms of such plan and applicable law); (h) all claims under the WARN Act; the Consolidated Omnibus Budget Reconciliation Act; the Family Medical Leave Act, as amended; the Genetic Information Nondiscrimination Act Sarxxxxx-Xxxxx Xxt 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 to2002, the New York State Human Rights Law, the New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; the Virginia Human Rights Act; the North Carolina Equal Employment Practices False Claims Act, the North Carolina Persons with Disabilities Dodx-Xxaxx Xxxx Xxreet Reform and Consumer Protection Act, the North Carolina Retaliatory Employment Discrimination Securities Exchange Act of 1934, the Commodity Exchange Act, the North Carolina Consumer Financial Protection Act, the American Recovery and Reinvestment Act, the Foreign Corrupt Practices Act, and the EU Competition Law; (i) all claims of whistleblowing and retaliation under federal, state and local laws, including without limitation the Ohio Whistleblower Protection Act, O.R.C. § 4113.51 et. seq., Ohio Statutory Provisions regarding Retaliation/Discrimination for Pursuing a Workers Compensation Claim, O.R.C. § 4111.01 et. seq.; (j) all claims under the Ohio Minimum Fair Wages Act, O.R.C. § 4111.01 et seq.; (k) all claims under the Ohio Wage & Hour Payment Act, O.R.C. § 4113.15; (l) all claims under any principle of common law or sounding in tort or contract; (m) all claims concerning any right to reinstatement; (n) all claims under the Immigration Reform and Control Act; any (o) all claims under the Fair Credit Reporting Act; (p) all claims under The Equal Pay Act; (q) all claims for attorneys’ fees, costs, damages or other claim pursuant to any other relief (monetary, equitable or otherwise), whether under federal, state or local employment lawslaw, statuteswhether statutory, standards regulatory or human rights legislation; common law, to the fullest extent permitted by law. Further, each of the persons and entities released herein is intended to and shall be a third-party beneficiary of this Agreement. This release of claims does not affect or waive any claim for severance pay, notice, pay in lieu of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other workers’ compensation benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive unemployment benefits or other employment termination program offered legally non-waivable rights or claims; claims that arise after Employee signs this Agreement; Employee’s rights to a group indemnification or class advancement of employeesexpenses under the bylaws of the Company or under any applicable directors and officers liability insurance policy with respect to Employee’s liability as an employee, director or officer of the Company; Employee’s right to exercise any and all Company stock options held by Employee that are exercisable as of the Retirement Date during the applicable period of exercise and in accordance with all other terms of those options and the stock options plans, agreements, and notices under which such options were granted; or Employee’s right to enforce the terms of this Agreement. Notwithstanding the foregoingAdditionally, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and your or limits Employee’s right to file administrative charges a charge with, provide information to or cooperate in any investigation of or proceeding brought by a government agency (though Employee acknowledges Employee is not entitled to recover money or other relief with certain government agencies; and (b) challenge respect to the Company’s failure to comply with its obligation claims waived in Paragraph 1 abovethis Agreement).

Appears in 1 contract

Samples: Executive Retirement Agreement (Welltower Inc.)

General Release of All Claims. In exchange for the Company’s payment consideration of the severance pay and other benefits described in Section 2(c) of your Letter Agreement with the Companyparagraph 2, you voluntarilyEmployee hereby freely, knowingly and voluntarily releases and fully and unconditionally release and forever discharge the Company discharges Genaissance (and its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, predecessors, and their respective present or former directors, officers, directorsagents, shareholders, fiduciaries, plan administrators, employees, agents attorneys, and plan administrators, in their individual representatives) of and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all chargesclaims, actionsdemands, causes of action, demandsand rights, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoeverknown and unknown, whether now known or unknownin contract, to whomever made, which you have or may have against 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, tort or otherwise, including those arising from or relating to Employee’s employment with or separation from Genaissance. Without limiting the beginning foregoing, Employee specifically releases and fully discharges Genaissance (as broadly defined above) of time up to and including the date on which you sign this Agreement, except as otherwise specifically stated in this Agreement. Such from any and all claims, obligationsdemands, or liabilities includecauses of action, 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 ordinancesand rights, including but not limited to: any alleged violation of federal, state or local laws prohibiting discrimination on the basis of sex, race, age, disability, national origin, color, religion, veteran status, marital status, sexual orientation, and specifically including all claims under the federal Age Discrimination in Employment Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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(ADEA); any other claim pursuant to federal or state securities laws; any other federal, state or local employment laws, statutes, standards civil or human rights legislationlaws; any public policy, contract, tort or common law obligation, including but not limited to breach of express or implied contract or of an implied covenant of good faith and fair dealing, and negligent or intentional infliction of emotional distress; any claim for severance paywages or other compensation under any federal or state wage payment laws, noticeincluding the Fair Labor Standards Act and the Connecticut Wage Payment Laws, pay in lieu of notice, salaryand their implementing regulations; any claim for compensation, bonus, incentive or additional compensationpay, vacation pay, insurancesick pay, expense reimbursement or any other payments or benefits; and any obligation for costs, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive fees or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after the date on which you sign this Agreement, and 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 aboveexpenses.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Genaissance Pharmaceuticals Inc)

General Release of All Claims. In exchange for the Company’s payment of the benefits described payments and other consideration as set forth in Section 2(c) of your Letter Agreement with the Companythis Agreement, you voluntarilyrelease Ascena Retail Group, fully Inc., and unconditionally release and forever discharge the Company and each of its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, and their respective officers, directors, employeestrustees, employees and agents and plan administrators, in their individual and corporate capacities (hereinafter collectively referred to as “Releasees”) from any and all chargesclaims that may legally be waived by private agreement, actions, causes of action, demands, debts, dues, bonds, accounts, covenants, contracts, liabilities, or damages of any nature whatsoever, whether now known or unknown, including but not limited to whomever made, which you have or may have against any or all of the Releasees for or by reason of any cause, nature or thing whatsoever arising out of or those related to your employment with the Company, the termination of such employment, your separation from employment or otherwise, from the beginning of time up to and including through the date on which that you sign this Agreement, except as otherwise specifically stated in this Agreement. Such claims, obligations, or liabilities include, but You understand and agree that you are not limited to: releasing Releasees from any and all 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 ordinancesthat may legally be waived by private agreement, including but not limited to claims for breach of contract, personal injury, wages, benefits, defamation, 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 Age Discrimination in Employment Employee Retirement Income Security Act of 1974, the Equal Pay Act, as amended; the Family and Medical Leave Act, the New York State Labor Law, the New York State Whistleblower Statute, and any other federal, state, local or foreign laws or regulations), contract (express or implied), constitutional provision, common law, tort, public policy or otherwise, from the beginning of time through the date that you sign this Agreement. You understand and agree that you are also releasing Releasees from any and all claims that may legally be waived by private agreement, including but not limited to claims for retaliation, and claims for discrimination or harassment in employment on the basis of race, color, creed, religion, age, national origin, alienage or citizenship, gender, sexual orientation, disability, genetic information, marital status, veteran’s status and any other protected grounds, including, but not limited to, any and all rights and claims you may have arising under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Section 1981 of the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act and/or Act, the Rehabilitation Age Discrimination in Employment Act of 1973; the Employee Retirement Income Security Act; the WARN Act; 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 to1967, the New York State Human Rights Law, the New York Labor Law, the New York State Constitution, the New York Civil Rights Law, the New York wage-hour laws, the New York City Human Rights Law; 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 and any other federal, state state, local or local employment lawsforeign laws or regulations, statutes, standards or human rights legislation; or any claim for severance pay, notice, pay in lieu from the beginning of notice, salary, bonus, incentive or additional compensation, vacation pay, insurance, other benefits, interest, and/or attorney’s fees. You acknowledge that this general release is not made in connection with any exit incentive or other employment termination program offered to a group or class of employees. Notwithstanding the foregoing, nothing in this Agreement waives your right to (a) pursue a claim that cannot be released by private agreement, including, workers compensation claims, claims arising after time through the date on which that you sign this Agreement, and 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: Ascena Retail Group, Inc.

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