General Releases. The Employee releases and forever discharges the Company, its past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee executes this Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the Employee’s employment, termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release shall affect any rights the Employee may have under: (i) this Agreement; (ii) any funded retirement or 401(k) plan of the Company; (iii) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that are determined as described above. Without limitation, the Employee waives any right or claim to reinstatement of the Employee’s employment with the Company. The claims that the Employee is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇ ▇.▇.▇. §▇▇▇▇▇ et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq.; the Indiana Civil Rights Law, as amended, Ind. Code A▇▇. § 22-9-1-1 et seq.; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.
Appears in 1 contract
General Releases. The Employee
(a) In consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in the Change in Control Agreement, which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges the Company, its subsidiaries, affiliates, and divisions, and all their past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, employee benefit plans and plan fiduciaries, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Release Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee Executive executes this Release Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the EmployeeExecutive’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee Executive also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release Release Agreement shall affect any rights the Employee Executive may have under: (i) this Release Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) any equity awards which will be treated the Change in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that are determined as described aboveControl Agreement. Without limitation, the Employee Executive waives any right or claim to reinstatement of the EmployeeExecutive’s employment with the Company, although Executive may be reemployed by mutual agreement of the Parties. The claims that the Employee Executive is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discriminationdiscrimination and/or harassment, including any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇▇ ▇.▇.▇. §▇▇▇▇▇ et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Executive Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq.; the Indiana Civil Rights Law, as amended, Ind. Code A▇▇. § 22-9-1-1 et seq.; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.
Appears in 1 contract
Sources: Change in Control Agreement (Frontier Communications Corp)
General Releases. The Employee In consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in Sections 2(b) through 2(h), which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges the Company, its subsidiaries, affiliates, and divisions, and all their past, present, and future employees, directors, officers, agents, shareholdersstockholders, insurers, attorneys, employee benefit plans and plan fiduciaries, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Release Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee Executive executes this Release Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the EmployeeExecutive’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee Executive also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release Release Agreement shall affect any rights the Employee Executive may have under: (ia) this Release Agreement; (iib) any funded retirement or 401(k) plan of the Company; (iiic) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreementsLetter Agreement for indemnification; or (ivd) to COBRA health insurance benefits that are determined the Indemnification Agreement, dated as described aboveof May 16, 2016 (the “Indemnification Agreement”), by and between the Company and Executive. Without limitation, the Employee Executive waives any right or claim to reinstatement of the EmployeeExecutive’s employment with the Company, although Executive may be reemployed by mutual agreement of the parties hereto. The claims that the Employee Executive is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discriminationdiscrimination and/or harassment, including any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 42 U.S.C. §§ 2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇ ▇.▇.▇. §▇▇▇▇▇ 42 U.S.C. § 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §§ 206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇Notification Act, ▇▇ ▇.▇.▇. §▇▇▇▇ 29 U.S.C. § 2101 et seq.; the Indiana Civil Connecticut Human Rights & Opportunities Law, as amended, Ind. Code A▇▇. § 22-9-1-1 et seq.; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.Conn. Gen.
Appears in 1 contract
Sources: General Release Agreement (Frontier Communications Corp)
General Releases. The In consideration of the Company’s execution of this Agreement and of the payments and benefits provided for in Section 3 above, which the Employee acknowledges is adequate consideration, the Employee, on behalf of his heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges the Company, its subsidiaries, affiliates, and divisions, and all their past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, employee benefit plans and plan fiduciaries, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee executes this Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the Employee’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release shall affect any rights the Employee may have under: (i) this Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that are determined as described above. Without limitation, the Employee waives any right or claim to reinstatement of the Employee’s employment with the Company. The claims that the Employee is releasing include, but are not limited to: , claims for and/or claims for violations of: wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination claim claims arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇▇ ▇.▇.▇. §▇▇▇▇▇ et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq.; the Indiana Civil Connecticut Human Rights & Opportunities Law, as amended, Ind. Code A▇▇Conn. Gen. Stat. § 22-9-1-1 46a-60 et seq.; the Connecticut Wage Hour and Wage Payment Law; and the Connecticut Family and Medical Leave Act, all as amended; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.. The Employee acknowledges that, during his period of employment with Company, he was never denied a family or medical leave of absence or military leave of absence, and was never discouraged from seeking such a leave.
Appears in 1 contract
Sources: Separation Agreement (Frontier Communications Corp)
General Releases. The Employee In consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in the Letter Agreement, which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges the Company, its subsidiaries, affiliates, and divisions, and all their past, present, and future employees, directors, officers, agents, shareholdersstockholders, insurers, attorneys, employee benefit plans and plan fiduciaries, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Release Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee Executive executes this Release Agreement, including, but not limited to, any claims, liabilities▇▇▇▇▇▇▇▇▇▇▇, or causes of action of any kind arising in connection with the EmployeeExecutive’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee Executive also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release Release Agreement shall affect any rights the Employee Executive may have under: (i) this Release Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that are determined as described aboveLetter Agreement. Without limitation, the Employee Executive waives any right or claim to reinstatement of the EmployeeExecutive’s employment with the Company, although Executive may be reemployed by mutual agreement of the parties hereto. The claims that the Employee Executive is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discriminationdiscrimination and/or harassment, including any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇ ▇.▇.▇. 42 U.S.C. §▇▇▇▇▇ 12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇Notification Act, ▇▇ ▇.▇.▇. 29 U.S.C. §▇▇▇▇ 2101 et seq.; the Indiana Civil Connecticut Human Rights & Opportunities Law, as amended, Ind. Code A▇▇. § 22-9-1-1 et seq.; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.Conn. Gen.
Appears in 1 contract
General Releases. The Employee releases and forever discharges the CompanyUnimin Corporation, its subsidiaries, affiliates, and divisions, and its past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising asserted or unasserted (“Claims”), that Employee ever had, has or may have, from the beginning of time through the date the Employee executes this Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the Employee’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release shall affect any rights the Employee may have under: (i) this Agreement; (ii) any funded retirement or 401(k) plan of the CompanyCompany (including the Unimin Corporation Pension Plan), the Unimin Corporation Restoration Plan, or the Sibelco Long Term Incentive Plan; (iii) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that if such benefits are determined as greater than those described above. Without limitation, the Employee waives (iv) any right or claim to reinstatement of the Employee’s employment with the Companyunemployment compensation due under applicable state law. The claims Claims that the Employee is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇▇ ▇.▇.▇. §▇▇▇▇▇ et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq.; the Indiana Civil Connecticut Human Rights Lawand Opportunities Act, as amended, Ind. Code A▇▇. § 22-9-1-1 C.G.S. §46a-51 et seq.; , the Connecticut Family and Medical Leave Act, C.G.S. §31-51kk et seq., the Connecticut Wage Payment Laws, C.G.S. §31-58 et seq., any other federal, state, or local constitutional provision, statute, executive order, or regulation or ordinance relating to employmentemployment and/or civil rights, or other civil rights violations; and any other claims whether based on contract or tort.
Appears in 1 contract
Sources: Severance Agreement (Unimin Corp)
General Releases. The Employee In consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in the Letter Agreement, which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges the Company, its subsidiaries, affiliates, and divisions, and all their past, present, and future employees, directors, officers, agents, shareholdersstockholders, insurers, attorneys, employee benefit plans and plan fiduciaries, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Release Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, arising through the date the Employee Executive executes this Release Agreement, including, but not limited to, any claims, liabilities▇▇▇▇▇▇▇▇▇▇▇, or causes of action of any kind arising in connection with the EmployeeExecutive’s employment, employment or termination of employment with the Company, the Bank Employment Agreement or the Bancorp Employment Agreement. The Employee Executive also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release Release Agreement shall affect any rights the Employee Executive may have under: (i) this Release Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) any equity awards which will be treated in accordance with the terms of the Company’s equity plans and related agreements; or (iv) to COBRA health insurance benefits that are determined as described aboveLetter Agreement. Without limitation, the Employee Executive waives any right or claim to reinstatement of the EmployeeExecutive’s employment with the Company, although Executive may be reemployed by mutual agreement of the parties hereto. The claims that the Employee Executive is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discriminationdiscrimination and/or harassment, including any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 4▇ ▇.▇.▇. §▇▇▇▇▇ et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining N▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq.; the Indiana Civil Rights Law, as amended, Ind. Code A▇▇. § 22-9-1-1 et seq.; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; and any other claims whether based on contract or tort.;
Appears in 1 contract