Common use of General Release of Claims by the Executive Clause in Contracts

General Release of Claims by the Executive. (a) The Executive, on behalf of himself and his executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, employees, attorneys, agents and representatives, and employee benefit plans in which the Executive is or has been a participant by virtue of his employment with the Company, from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which the Executive has or may have had against such entities or persons based on any events or circumstances arising or occurring on or prior to the date hereof, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever the Executive’s employment by the Company or the changes in the terms and conditions of the Executive’s employment as of the date hereof, and any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, or liability in tort, claims of any kind that may be brought in any court or administrative agency, any claims arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”), the Civil Rights Act of 1964 (“Title VII”), as amended (including amendments made through the Civil Rights Act of 1991), 42 U.S.C. ss. 2000e, et seq., 42 U.S.C. ss. 1981, as amended, the Americans With Disabilities Act (“ADA”), as amended, 42 U.S.C. ss. 12101, et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. ss. 701, et seq., the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. ss. 301, et seq., the Worker Adjustment and Retraining Notification Act, 29 U.S.C. ss. 2101, et seq., the Family and Medical Leave Act of 1993 (“FMLA”), as amended, 29 U.S.C. ss. 2601 et seq., the Fair Labor Standards Act (“FLSA”), as amended, 29 U.S.C. ss. 201 et seq., the Employee Polygraph Protection Act of 1988, 29 U.S.C. ss. 2001, et seq., all provisions of the laws of New York and the state, territorial and federal workers’ compensation laws. The Executive further agrees and acknowledges that any and all claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”) released by him herein do not include rights or claims that may arise after the date this Agreement is executed. The Executive warrants that he has not filed any type of claim against the Company. Notwithstanding anything contained in this Agreement to the contrary, the release in this Section 6 does not affect in any way any obligations, claims or causes of action arising out of or resulting from any breach by the Company of its obligations under this Agreement.

General Release of Claims by the Executive. (a) The Executive, on behalf of for himself and his the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, heirs, administrators, representatives attorneys, personal representatives, successors and assigns, agrees hereby agrees forever to release and discharge, and agrees hereby forever discharge not to sxx, the Company and all predecessorsCompany, successors and their respective parent corporationsthe Company’s past, affiliatespresent, or future parent, affiliated, related, and/or subsidiary entities, and all of their past past, present and present investors, future directors, shareholders, officers, general or limited partners, employees, agents, and attorneys, and agents and representativesrepresentatives of such entities, and employee benefit plans in which the Executive is or has been a participant by virtue of his employment with the Company, from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including including, without limitation, attorneys’ fees and costs), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”)unsuspected, which the Executive has or may have had against such entities or persons based on any events or circumstances arising or occurring on or prior to the Date of Termination (or, with respect to claims of disparagement, arising or occurring on or prior to the date hereofthis Agreement is executed), arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever whatsoever, (a) the Executive’s employment by with the Company or the changes in the terms and conditions of termination thereof or (b) the Executive’s employment status at any time as a holder of any securities of the date hereofCompany, and and, including without limitation, any and all claims arising under federal, state, or local laws relating to employment, or securities, including without limitation claims of wrongful discharge, breach of express or of implied contract, fraud, misrepresentation, defamation, or liability in tort, claims of any kind that may be brought in any court or administrative agency, any claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”), the Civil Rights Act of 1964 (“Title VII”), as amended (including amendments made through the Civil Rights Act of 1991), 42 U.S.C. ss. 2000e, et seq., 42 U.S.C. ss. 1981, as amendedAct, the Americans With with Disabilities Act (“ADA”), as amended, 42 U.S.C. ss. 12101, et seq.Act, the Rehabilitation Act of 1973, as amended, 29 U.S.C. ss. 701, et seq.Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. ss. 301, et seq., the Worker Adjustment and Retraining Notification Act, 29 U.S.C. ss. 2101, et seq., the Family and Medical Leave Act, the Securities Act of 1993 1933, the Securities Exchange Act of 1934, the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, the New Jersey Conscientious Employee Protection Act (“FMLA”), as amended, 29 U.S.C. ss. 2601 N.J.S.A. 34:19-1 et seq.), the Fair Labor Standards Sxxxxxxx-Xxxxx Act and similar state or local statutes, ordinances, and regulations, provided, that, notwithstanding anything to the contrary set forth herein, that this general release shall not extend to (“FLSA”), as amended, 29 U.S.C. ss. 201 et seq., the Employee Polygraph Protection Act of 1988, 29 U.S.C. ss. 2001, et seq., all provisions of the laws of New York and the state, territorial and federal workers’ compensation laws. The Executive further agrees and acknowledges that any and all x) benefit claims under employee pension benefit plans in which the Age Discrimination in Employment Act Executive is a participant by virtue of 1967his employment with the Company or to benefit claims under employee welfare benefit plans for occurrences (e.g., as amendedmedical care, 29 U.S.C. ss. 621death, et seq. (“ADEA”or onset of disability) released by him herein do not include rights or claims that may arise arising after the date execution of this Agreement is executed. The Executive warrants that he has not filed by the Executive, and (y) any type of claim against the Company. Notwithstanding anything contained in obligation assumed under this Agreement to the contrary, the release in this Section 6 does not affect in by any way any obligations, claims or causes of action arising out of or resulting from any breach by the Company of its obligations under this Agreement.party hereto:

General Release of Claims by the Executive. (a) The Executive, on behalf of himself or herself and his or her executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives, and the employee benefit plans in which the Executive is or has been a participant by virtue of his or her employment with or service to the CompanyCompany (collectively, the “Company Releasees”), from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which the Executive has or may have had against such entities or persons based on any events or circumstances arising or occurring on or prior to the date hereof or on or prior to the date hereof, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever the Executive’s employment by or service to the Company or the changes in the terms and conditions of the Executive’s employment as of the date hereoftermination thereof, and including any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, or liability in tort, and claims of any kind that may be brought in any court or administrative agencyagency including, any without limitation, claims arising under the Age Discrimination in Employment Act Title VII of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”), the Civil Rights Act of 1964 (“Title VII”), as amended (including amendments made through the Civil Rights Act of 1991), 42 U.S.C. ss. 2000e, et seq., 42 U.S.C. ss. 1981, as amended, the Americans With Disabilities Act (“ADA”)1964, as amended, 42 U.S.C. ss. 12101Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. ss. 701§ 701 et seq.; the Civil Rights Act of 1866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq., ; the Employee Retirement Income Security Act of 1974 (“ERISA”)Age Discrimination in Employment Act, as amended, 29 U.S.C. ss. 301Section 621, et seq., . (the Worker Adjustment and Retraining Notification Act, 29 U.S.C. ss. 2101, et seq., the Family and Medical Leave Act of 1993 (“FMLAADEA”); the Equal Pay Act, as amended, 29 U.S.C. ss. 2601 Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq., ; the Fair Labor Standards Act (“FLSA”)Family and Medical Leave Act, as amended, 29 U.S.C. ss. 201 § 2601 et seq., ; the Employee Polygraph Protection Fair Labor Standards Act of 1988, 29 U.S.C. ss. 2001, et seq., all provisions of the laws of New York and the state, territorial and federal workers’ compensation laws. The Executive further agrees and acknowledges that any and all claims under the Age Discrimination in Employment Act of 19671938, as amended, 29 U.S.C. ss. 621§ 201 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; and the California Fair Employment and Housing Act, California Government Code Section 12940, et seq. (“ADEA”) released by him herein do not include rights or claims that may arise after Notwithstanding the date this Agreement is executed. The Executive warrants that he has not filed any type generality of claim against the Company. Notwithstanding anything contained in this Agreement to the contraryforegoing, the release in this Section 6 Executive does not affect in any way any obligations, claims or causes of action arising out of or resulting from any breach by release the Company of its obligations under this Agreement.following claims:

General Release of Claims by the Executive. (a) The Executive, on behalf of himself and his executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives, and employee benefit plans in which the Executive is or has been a participant by virtue of his employment with the Company, from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which the Executive has or may have had against such entities or persons based on any events or circumstances arising or occurring on or prior to the date hereofhereof or on or prior to the Termination Date, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever the Executive’s 's employment by the Company or the changes in the terms and conditions of the Executive’s employment as of the date hereofseparation thereof, and any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, or liability in tort, claims of any kind that may be brought in any court or administrative agency, any claims arising under Title VII of the Civil Rights Act; the Civil Rights Act of 1866; the Xxxxxxxx-Xxxxx Act; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”), Act; the Civil Rights Act of 1964 (“Title VII”), as amended (including amendments made through Equal Pay Act; the Civil Rights Act of 1991), 42 U.S.C. ss. 2000e, et seq., 42 U.S.C. ss. 1981, as amended, the Americans With Disabilities Act (“ADA”), as amended, 42 U.S.C. ss. 12101, et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. ss. 701, et seq., Fair Labor Standards Act; the Employee Retirement Income Security Act Act; the Americans with Disabilities Act; the Family Medical Leave Act; and/or any other local, state or federal law governing discrimination in employment and/or the payment of 1974 (“ERISA”), as amended, 29 U.S.C. sswages and benefits; and claims arising under the Employment Agreement. 301, et seq.Notwithstanding the generality of the foregoing, the Worker Adjustment Executive does not release the following claims and Retraining Notification Actrights, 29 U.S.C. ss. 2101, et seq., and same shall survive the Family and Medical Leave Act execution of 1993 (“FMLA”), as amended, 29 U.S.C. ss. 2601 et seq., the Fair Labor Standards Act (“FLSA”), as amended, 29 U.S.C. ss. 201 et seq., the Employee Polygraph Protection Act of 1988, 29 U.S.C. ss. 2001, et seq., all provisions of the laws of New York and the state, territorial and federal workers’ compensation laws. The Executive further agrees and acknowledges that any and all claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss. 621, et seq. (“ADEA”) released by him herein do not include rights or claims that may arise after the date this Agreement is executed. The Executive warrants that he has and are not filed any type of claim against the Company. Notwithstanding anything contained in this Agreement to the contrary, the release in this Section 6 does not affect in any way any obligations, claims merged or causes of action arising out of or resulting from any breach by the Company of its obligations under integrated into this Agreement.: