Common use of Knowing Waiver of Employment-Related Claims Clause in Contracts

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; (ii) claims under the California Workers’ Compensation Act; (iii) claims for indemnity under the California Labor Code; (iv) claims arising from Lenco’s nonperformance under this Agreement; (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x release of claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), as set forth in paragraph 8 below. Xxxxxxxxxxx expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release (Lenco Mobile Inc.)

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Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Xxxxx understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees Releases any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoHealthSport’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Xxxxx’x release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 Section 6 below. Xxxxxxxxxxx Xxxxx expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement (Healthsport, Inc.)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Wattenberg understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees Releases any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoHealthSport’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Wattenberg’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 Section 7 below. Xxxxxxxxxxx Wattenberg expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement (Healthsport, Inc.)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Xxxxx understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees Releases any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoHealthSport’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Kelly’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 Section 6 below. Xxxxxxxxxxx Xxxxx expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement (Healthsport, Inc.)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx XXXXXXX understands and agrees that, with the exception of potential employment-related claims identified below, that he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the EMPLOYER Releasees any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Federal Rehabilitation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the Employee Retirement Income Security Act of 1974, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by Provided, that the release provisions of this Agreement are Severance Benefits (i) claims for unemployment insurance benefits; (ii) claims under the California Workers’ Compensation Act; (iii) claims for indemnity under the California Labor Code; (iv) claims arising from Lenco’s nonperformance as modified herein), XXXXXXX’x rights under this Agreement; RELEASE, XXXXXXX’x rights under any proprietary information agreement, XXXXXXX’x stock options (vas clarified and revised in this RELEASE) claims for defense and XXXXXXX’x rights under any indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x release of claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), as set forth in paragraph 8 below. Xxxxxxxxxxx expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will agreements are not challenge Xxxxxxxxxxx’x application for unemployment benefitshereby released.

Appears in 1 contract

Samples: Severance Agreement and General Release (Path 1 Network Technologies Inc)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Seaber understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees Releases any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoHealthSport’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Seaber’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 Section 7 below. Xxxxxxxxxxx Seaber expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement (Healthsport, Inc.)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Durschlag understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees Releases any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoHealthSport’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Durschlag’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 Section 7 below. Xxxxxxxxxxx Durschlag expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement (Healthsport, Inc.)

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Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Tseu understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, had or now has, or in the future may have, has to pursue against any of the Releasees any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for unpaid wages or indemnity under the California Labor Code; , (iv) claims arising from LencoAxesstel’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Tseu’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 6 below. Xxxxxxxxxxx Tseu expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release (Axesstel Inc)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Kwon understands and agrees that, with the exception of potential employment-related claims identified below, he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, personal injury, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws), perquisites of employment (including but not limited to claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims for unemployment insurance benefits; , (ii) claims under the California Workers’ Compensation Act; , and (iii) claims for indemnity under the California Labor Code; , (iv) claims arising from LencoAxesstel’s nonperformance under this Agreement; Agreement and (v) claims for defense and indemnification relating to any claims brought against Xxxxxxxxxxx arising out of his employment with Lenco; and (vi) any challenge to the validity of Xxxxxxxxxxx’x Kwon’s release of claims under the Age Discrimination in Employment Act of 1967, as amended amended, (“ADEA”), ) as set forth in paragraph 8 6 below. Xxxxxxxxxxx Kwon expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefits.

Appears in 1 contract

Samples: Separation Agreement and General Release (Axesstel Inc)

Knowing Waiver of Employment-Related Claims. Xxxxxxxxxxx Xxxxxxx understands and agrees that, with the exception of potential employment-related claims identified below, that he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Company Releasees any and all remedies available to him under any employment-related causes of action, including without limitation, claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, retaliation, harassment, personal injury, physical injury, emotional distress, claims for attorneys’ fees claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Federal Rehabilitation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Equal Pay Act of 1963, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, employment or the conditions of employment (including wage and hour laws)employment. Notwithstanding the foregoing, perquisites of employment (including but this release shall not limited apply to any claims relating to stock and/or stock options) and/or employment discrimination. Claims not covered by the release provisions of this Agreement are (i) claims Xxxxxxx for workers’ compensation benefits, unemployment insurance benefits; (ii) , or any other claims under the California Workers’ Compensation Act; (iii) claims for indemnity under the California Labor Code; (iv) claims arising from Lenco’s nonperformance under that he cannot lawfully waive by this Agreement; (v) claims . This release shall also not affect or diminish any contractual or statutory rights that Xxxxxxx has to indemnification for defense acts or omissions within the course and indemnification relating to any claims brought against Xxxxxxxxxxx arising out scope of his employment with Lenco; the Company, nor shall it affect or diminish Singhal’s rights to coverage under any applicable insurance policies held by the Company or its officers and (vi) any challenge to the validity of Xxxxxxxxxxx’x release of claims under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), as set forth in paragraph 8 below. Xxxxxxxxxxx expressly waives any right to recovery of any type, including damages and reinstatement, in any administrative or court action, whether state or federal, and whether brought by him or on his behalf, related in any way to the matters released herein. Lenco agrees that it will not challenge Xxxxxxxxxxx’x application for unemployment benefitsdirectors.

Appears in 1 contract

Samples: Separation Agreement and General Release (GenMark Diagnostics, Inc.)

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