Common use of Mutual Release of Claims Clause in Contracts

Mutual Release of Claims. For the purposes of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc., and any parent companies, subsidiaries, related or affiliated entities, and their respective owners, directors, officers, agents, and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives any and all known xxx xxxxxxx xxghts and claims that he has or may have against PANAMCO as of the date SANCHEZ-LOAEZA signs this Agreement, including but not limited tx xxx xxxxx(x) under: o The National Labor Relations Act; o Title VII of the Civil Rights Act of 1964; o Sections 1981 through 1988 of Title 42 of the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each other.

Appears in 1 contract

Samples: Severance Agreement and Mutual Release (Panamerican Beverages Inc)

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Mutual Release of Claims. For the purposes of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc., and any parent companies, subsidiaries, related or affiliated entities, and their respective owners, directors, officers, agents, and employees. SANCHEZ-LOAEZA (a) Hxxxx knowingly and voluntarily waives any releases and forever discharges Magyar and all known xxx xxxxxxx xxghts and claims that he has of the individuals or may have against PANAMCO entities who, as of the date SANCHEZ-LOAEZA signs hereof are, or at any time during Hxxxx’x employment were, Magyar officers, directors, managers, employees, and owners (collectively, “Releasees”) of and from any and all claims, known and unknown, civil or criminal, vested or contingent against Releasees that Hance, Hance’s heirs, executors, administrators, successors, and assigns have or may have as of the date of execution of this Agreement, whether denominated claims, demands, causes of action, obligations, damages, or liabilities arising from any and all bases, however, denominated (except workers’ compensation claims) to the date of this Agreement, including but not limited tx xxx xxxxx(x) underto claims of harassment or discrimination, any alleged violation of: o The National Labor Relations Act; o Title VII of the Civil Rights Act of 1964, as amended; o Sections 1981 through 1988 of Title 42 of the United States Code, as amended; o The Employee Retirement Income Security Act of 1974, as amended (except for claims for vested benefits under ERISA); o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990, as amended; o The Fair Labor Standards Act, as amended; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act, as amended; o The Family and Medical Leave Act of 1993, as amended; o Any The New Jersey Law Against Discrimination, as amended; The New Jersey Minimum Wage Law, as amended; Equal Pay Law for New Jersey, as amended; The New Jersey Worker Health and Safety Act, as amended; The New Jersey Family Leave Act, as amended; The New Jersey Conscientious Employee Protection Act, as amended; any other federal, state or local civil or human rights law or any other federallocal, state or local federal law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, tort, or common law claims, including law; or any tort claims. This waiver also bars any claim or demand allegation for costs, fees, or other expenses including attorney's attorneys’ fees incurred in connection with any of these matters. Notwithstanding the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thuspreceding, SANCHEZ-LOAEZA and PANAMCO acknowledge the parties hereto understand and agree that the above release will not release or waive any performance obligation of a party under this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each otherAgreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Magyar Bancorp, Inc.)

Mutual Release of Claims. For a. In exchange for entering this Agreement and for the purposes of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc.benefits provided herein, and any parent companiesexcept as provided in this Agreement, subsidiariesEmployee and Employee’s heirs, related or affiliated entitiespersonal representatives, successors and assigns, hereby forever release, remise and discharge the Company and each of its past, present, and their respective ownersfuture officers, directors, officersshareholders, members, employees, trustees, agents, representatives, affiliates, successors and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives assigns (collectively the “Company Released Parties”) from any and all claims, claims for relief, demands, actions and causes of action of any kind or description whatsoever, known xxx xxxxxxx xxghts and claims that he or unknown, whether arising out of contract, tort, statute, treaty or otherwise, in law or in equity, which Employee now has, has had, or may hereafter have against PANAMCO as any of the Company Released Parties from the beginning of Employee’s employment with Company to the date SANCHEZ-LOAEZA signs of this Agreementrelease, including arising from, connected with, or in any way growing out of, or related to, directly or indirectly, (i) Employee’s employment with Company, (ii) Employee’s service as an officer or key employee, as the case may be, of Company, (iii) any transaction prior to the date of this release and all effects, consequences, losses and damages relating thereto, (iv) the services provided by Employee to Company, or (v) Employee’s termination of employment with Company under the common law or any federal or state statute, including, but not limited tx xxx xxxxx(x) under: o The National Labor Relations Act; o Title VII of to, all claims arising under the Civil Rights Act Acts of 1866 and 1964; o Sections 1981 through 1988 of Title 42 of , the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The Act of 1938, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967; o The , the Rehabilitation Act of 1973, the Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The 1990, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993; o Any , the Genetic Information Nondiscrimination Act of 2008, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), Title 4112 and 4113 of the Ohio Revised Code, the statutory and common laws of Michigan and any and all jurisdictions in which the Company or its affiliates maintain a place of business, and all other foreign, federal, state or and local civil or human rights law or any other federallaws governing employers and employees, state or local law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etcall as amended.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each other.

Appears in 1 contract

Samples: Stoneridge Inc

Mutual Release of Claims. For In exchange for the purposes Health Benefits and the Forgiveness of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc.Overpayment, and any parent companiesother consideration provided to you by this Agreement that you are not otherwise entitled to receive, subsidiaries, related or affiliated entities, you hereby generally and their respective owners, completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and employees. SANCHEZ-LOAEZA knowingly subsidiary entities, insurers, affiliates, and voluntarily waives assigns from any and all claims, liabilities and obligations, both known xxx xxxxxxx xxghts and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to your signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to your employment with the Company, or the termination of that he has employment; (2) all claims related to your compensation or may have against PANAMCO as benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the date SANCHEZ-LOAEZA signs this Agreementimplied covenant of good faith and fair dealing; (4) all tort claims, including but not limited tx xxx xxxxx(xclaims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) under: o The National Labor Relations Act; o Title VII of all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964; o Sections 1981 through 1988 of Title 42 of 1964 (as amended), the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The federal Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The , the federal Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act of 1963; o The Occupational Safety (as amended). Notwithstanding the foregoing, this release excludes any right you may have to indemnification provided by statute, contract or bylaw in the form then existing immediately prior to the Separation Date. Similarly, the Company hereby generally and Health Act; o The Family and Medical Leave Act of 1993; o Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives completely releases you from any and all claims, liabilities and obligations, both known and unknown rights and claims unknown, that it has arise out of or may have against SANCHEZ-LOAEZA (including his heirsare in any way related to events, assignsacts, agentsconduct, and represenxxxxxxx) xx xx the date PANAMCO signs or omissions occurring prior to your signing this AgreementAgreement except for any act of intentional misconduct, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each otherfraud.

Appears in 1 contract

Samples: Active Network Inc

Mutual Release of Claims. For In exchange for the purposes of consideration provided to you by this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc.Agreement that you are not otherwise entitled to receive, and any parent companiesother valuable consideration, subsidiaries, related or affiliated entities, you and their respective owners, the Company and its current and former directors, officers, employees, stockholders, partners, agents, attorneys, predecessors, successors, parent and employees. SANCHEZ-LOAEZA knowingly subsidiary entities, insurers, affiliates, and voluntarily waives assigns (collectively, the “Released Parties”, with the Company and You each being a “Party”), hereby generally and completely release each other, from any and all claims, liabilities and obligations, both known xxx xxxxxxx xxghts and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date that the Parties sign this Agreement (collectively, the “Released Claims”). The Released Claims include, but are not limited to: (a) all claims arising out of or in any way related to your employment with the Company, or the termination of that he has employment; (b) all claims related to your compensation or may have against PANAMCO as benefits from the Company including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the date SANCHEZ-LOAEZA signs this Agreementimplied covenant of good faith and fair dealing; (d) all tort claims, including but not limited tx xxx xxxxx(xclaims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) under: o The National Labor Relations Act; o Title VII of all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964; o Sections 1981 through 1988 of Title 42 of 1964 (as amended), the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The federal Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The , the federal Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection 1967 (as amended) (the “ADEA”), the New York Human Rights Act; o The , the New York Law on Equal Pay Act of 1963; o The Occupational Safety Rights, and Health Act; o The Family and Medical Leave Act of 1993; o Any other federalthe New York Law on Equal Pay. Notwithstanding the foregoing, state the following are not included in the Released Claims (the “Excluded Claims”): (a) any rights or local civil or human rights law or any other federal, state or local law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or for indemnification you may have against SANCHEZ-LOAEZA pursuant to any written indemnification agreement (including his heirsyour Employment Agreement) with the Company to which you are a party, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claimsCompany’s D&O or other insurance policies, as applicable, the charter, bylaws, or operating agreements of the Company, or under applicable law; (b) any rights or claims you have to unemployment compensation, funds accrued in your 401(k) account or any vested equity incentives; (c) any rights that are not waivable as a matter of law; (d) any claims arising from the breach of this Agreement; or (e) any willful misconduct or similar claims against you arising from facts or circumstances not actually known by the Company as of the execution of this Agreement . The listing of claims waived in this Section 3 is intended to be illustrative rather You and the Company hereby represent and warrant that, other than exhaustive. Thusthe Excluded Claims, SANCHEZ-LOAEZA you and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims the Company are not aware of any type that they now claims you or the Company have or might have against each otherany of the Released Parties that are not included in the Released Claims.

Appears in 1 contract

Samples: Coronado Biosciences Inc

Mutual Release of Claims. For the purposes of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc.Employee knowingly and voluntarily releases and forever discharges Colt, and any parent companies, subsidiaries, related or affiliated entitiesall of its present and former subsidiaries and affiliates (hereinafter referred to as the “Released Entities”), and their respective ownersthe Released Entities’ current and former shareholders, members, directors, officers, agentsemployees, consultants, accountants, insurers, agents and employees. SANCHEZ-LOAEZA knowingly attorneys, of and voluntarily waives from any and all claims, known xxx xxxxxxx xxghts and claims that he unknown, which Employee has or may have against PANAMCO as of the date SANCHEZ-LOAEZA signs of execution of this Severance Agreement, except (i) to enforce the terms and conditions of this Severance Agreement, and (ii) Employee’s claims, if any, and rights as a holder of Common Units of Colt Defense LLC, which claims and rights are not affected by this Agreement. Listed below are examples of the statutes under which Employee will not bring any claim. If the law prohibits a waiver of claims under any such statute, including Employee hereby acknowledges that he has no valid claim under those statutes. Subject to the exceptions stated in this Paragraph 6, the claims released or acknowledged not to exist include, but are not limited tx xxx xxxxx(x) underto, any alleged violation of: o The National Labor Relations Act; o · Title VII of the Civil Rights Act of 1964; o · The Age Discrimination in Employment Act of 1967; · Sections 1981 through 1988 of Title 42 of the United States Code; o · The Employee Retirement Income Security Act of 19741974 (“ERISA”) (except for any vested benefits under any tax qualified benefit plan); o · The Immigration Reform and Control Act of 1986Act; o · The Americans with Disabilities Act of 1990; o · The Worker Adjustment and Retraining Notification Act; · The Fair Labor Standards Credit Reporting Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o · The Family and Medical Leave Act; · The Equal Pay Act; · The Xxxx-Xxxxx Act; · The Connecticut Human Rights and Opportunities Act — Conn. Gen. Stat. §§ 46a-51, et seq.; · The Connecticut Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim — Conn. Gen. Stat. § 31-290a; · The Connecticut Equal Pay Law — Conn. Gen Stat. §§ 31-58(e), et seq.; §§ 31-75 and 31-76; · The Connecticut Family and Medical Leave Law — Conn. Gen. Stat. §§ 31-51kk, et seq.; · The Connecticut Drug Testing Law — Conn. Gen. Stat. §§ 31-51t, et seq.; · The Connecticut Whistleblower — Conn. Gen. Stat. §§ 31-51m(a), et seq.; · The Connecticut AIDS Testing and Confidentiality Law — Conn. Gen. Stat. §§ 19a-581, et seq.; · The Connecticut Age Discrimination and Employee Benefits Law — Conn. Gen. Stat. § 38a-543; · The Connecticut Reproductive Hazards Law — Conn. Gen. Stat. §§ 31-40g, et seq.; · The Connecticut Smoking Outside the Workplace Law — Conn. Gen. Stat. § 31-40s; · The Connecticut Electronic Monitoring of 1993Employees Law — Conn. Gen. Stat. § 31-48b, d; o · The Connecticut Wage Hour and Wage Payment Laws; · Connecticut OSHA; · Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation rule, regulation, or ordinance; or o · Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contracttort, or common law claimsobligation, including including, without limitation, any tort claims. This waiver also bars any claim claims under the August 30, 2005 contract between Colt and Employee; or demand for · Any obligation to pay costs, fees, or other expenses expenses, including attorney's fees incurred attorneys’ fees. Nothing herein shall be deemed to diminish, impair, abridge or otherwise affect any benefit in connection with which Employee is vested under any of the above-referenced claimsqualified or unqualified retirement, deferred compensation, and/or any other employee welfare benefit plan or program. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA Colt releases and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to forever discharges Employee from any and all claims about which it has or reasonably should have knowledge as of the date of the execution of this Agreement. Colt represents that it currently has no knowledge of any type conduct or failure by Employee that they now have would give Colt a viable cause of action against each otherEmployee.

Appears in 1 contract

Samples: Severance Agreement (Colt Finance Corp.)

Mutual Release of Claims. For (a) You hereby release, acquit and forever discharge each of the purposes of this Paragraph 3, "PANAMCO" shall include PANAMCO LLC, Panamerican Beverages, Inc., and any parent companies, subsidiaries, related or affiliated entities, FCG Companies and their respective ownersparents and subsidiaries, and each of their respective officers, directors, officers, agents, servants, employees, attorneys, shareholders, successors, assigns and employees. SANCHEZ-LOAEZA knowingly affiliates, of and voluntarily waives from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known xxx xxxxxxx xxghts and claims that he has unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or may have against PANAMCO as in any way related to agreements, events, acts or conduct at any time prior to and including the Effective Date of the date SANCHEZ-LOAEZA signs this Agreement, including but not limited tx xxx xxxxx(x) underto: o The National Labor Relations Actall such claims and demands directly or indirectly arising out of or in any way connected with your employment with any FCG Company or the termination of that employment; o Title VII claims or demands related to salary, bonuses, commissions, stock, stock options or any other ownership interests in any FCG Company, vacation pay, fringe benefits, expense reimbursements, severance pay or any other form of compensation; claims arising from any employment agreement or arrangement between you and any FCG Company; claims pursuant to any federal, state or local law, statute or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; o Sections 1981 through 1988 of Title 42 of the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The federal Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); o The Older Workers Benefit Protection the California Fair Employment and Housing Act, as amended; o The Equal Pay Act of 1963tort law; o The Occupational Safety and Health Actcontract law; o The Family and Medical Leave Act of 1993wrongful discharge; o Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation or ordinancediscrimination; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing. You further agree not to initiate or continue any proceeding based upon the claims released herein. Notwithstanding the foregoing, defamation, assault, battery, false imprisonment, wrongful termination, etc.your release of the FCG Companies in accordance with this Section shall not be deemed to release (i) whether based on common law any of the FCG Companies’ duties or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs obligations under this Agreement, including including, but not limited to, FCG’s indemnification obligations to any claim(syou described in Section 14 of this Agreement; or (ii) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing your rights as a stockholder and/or option holder of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each otherFCG.

Appears in 1 contract

Samples: First Consulting Group Inc

Mutual Release of Claims. (a) For and in consideration of the purposes right to receive the consideration described in Section 2 of this Paragraph 3Agreement and the Company’s release of claims described in Section 4(b) below, "PANAMCO" shall include PANAMCO LLCEmployee fully and irrevocably releases and discharges the Company, Panamerican Beveragesincluding all of its affiliates, Inc., and any parent companies, subsidiariessubsidiary companies, related or affiliated entitiesemployees, and their respective owners, directors, officers, principals, agents, insurers, and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives attorneys (collectively, the “Company Parties”) from any and all actions, causes of action, suits, debts, sums of money, attorneys’ fees, costs, accounts, covenants, controversies, agreements, promises, damages, claims, grievances, arbitrations, and demands whatsoever, known xxx xxxxxxx xxghts and claims that he has or may have against PANAMCO as of unknown, at law or in equity, by contract (express or implied), in tort, or pursuant to statute, or otherwise (collectively, “Claims”) arising or existing on, or at any time prior to, the date SANCHEZ-LOAEZA signs this AgreementAgreement is signed by Employee. Such released Claims include, without limitation, Claims relating to or arising out of: (i) Employee’s hiring, compensation, benefits and employment with the Company, (ii) Employee’s separation from employment with the Company, and (iii) all Claims known or unknown or which could or have been asserted by Employee against the Company, at law or in equity, or sounding in contract (express or implied) or tort, including but not limited tx xxx xxxxx(x) under: o The National Labor Relations claims arising under any federal, state, or local laws of any jurisdiction that prohibit age, sex, race, national origin, color, disability, religion, veteran, military status, pregnancy, sexual orientation, or any other form of discrimination, harassment, or retaliation, including, without limitation, under the Age Discrimination in Employment Act; o the Older Workers Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964; o Sections 1981 through 1988 the Rehabilitation Act; the Equal Pay Act; the Family and Medical Leave Act, 42 U.S.C. §1981; the Civil Rights Act of Title 42 1991; the Civil Rights Act of 1866 and/or 1871; the United States Sarbanes Oxley Act; the Employee Polygraph Protection Act; the Uniform Services and Employment and Re-Employment Rights Act; the Worker Adjustment Retraining Notification Act; the National Labor Relations Act and the Labor Management Relations Act; the Texas Labor Code, the Texas Commission on Human Rights Act and any other similar or equivalent state laws; o The and any other federal, state, local, municipal or common law whistleblower protection claim, discrimination or anti-retaliation statute or ordinance; claims arising under the Employee Retirement Income Security Act of 1974, as amended; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The claims arising under the Fair Labor Standards Act; o The Age Discrimination in Employment Act of 1967claims related to the COVID-19 pandemic and related mandates, policies and/or protocols; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any other federal, state or local civil or human rights law or any other federalstatutory, state or local law, regulation or ordinance; or o Any public policy, contract, contractual or common law claims, including . Nothing herein shall be construed to release or waive any tort claims (e.g., negligent of Employee’s rights or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has may arise from acts or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx events that occur after the date PANAMCO signs on which Employee sign this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived It is further agreed that nothing in this Section 3 Agreement is intended to or shall be illustrative rather than exhaustive. Thusconstrued to release (1) any claims that cannot be waived by law, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree such as claims for unemployment benefit rights, workers’ compensation, or healthcare continuation coverage pursuant to COBRA, (2) any vested benefits that Employee has earned or accrued as a result of Employee’s employment with the Company; (3) Employee’s right to enforce this Agreemexx xxxxxxxxxxx a full and final bar Agreement; (4) any rights Employee may pursuant to any and all claims of outstanding equity awards in accordance with the award agreements relating to such awards; or (5) any type that they now have against each otherrights Employee has to indemnification under the Company’s by-laws or applicable insurance.

Appears in 1 contract

Samples: Separation Agreement and Mutual Release of Claims (Wrap Technologies, Inc.)

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Mutual Release of Claims. For 11.1 Employee forever releases and discharges GTSI and the purposes predecessor corporation of GTSI as well as the successors, current or prior stockholders of record, officers, directors, heirs, predecessors, assigns, agents, employees, attorneys and representatives of each of them, past or present, from any and all cause or causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities, expenses and demands of any kind or character whatsoever, whether known or unknown, anticipated or not anticipated, whether or not previously brought before any state or federal agency, court or other governmental entity which are existing on or arising prior to the date of this Paragraph 3Agreement and which, "PANAMCO" shall include PANAMCO LLCdirectly or indirectly, Panamerican Beveragesin whole or in part, Inc.relate or are attributable to, connected with, or incidental to the previous employment of Employee by GTSI, the separation of that employment, and any parent companies, subsidiaries, related dealings between the parties concerning Employee's employment existing prior to the date of execution of this Agreement (excepting only claims arising from a breach by GTSI of this Agreement including those obligations recited herein or affiliated entities, and their respective owners, directors, officers, agents, and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives to be performed hereunder) including but not limited to any and all known xxx xxxxxxx xxghts claims of discrimination on account of sex, race, age, handicap, veteran status, national origin or religion, and claims that he has or may have against PANAMCO as causes of the date SANCHEZ-LOAEZA signs this Agreementaction based upon any equal employment opportunity laws, ordinances, regulations or orders, including but not limited tx xxx xxxxx(x) under: o The National Labor Relations Act; o to Title VII of the Civil Rights Act of 1964; o Sections 1981 through 1988 of Title 42 of 1964 and the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The Age Discrimination in In Employment Act, the Americans With Disabilities Act, Executive Order 11246, the Rehabilitation Act and any applicable state or local anti-discrimination statutes; claims for breach of any contract, agreement or promises made prior to this date; claims for wrongful termination actions of any type, breach of express or implied covenant of good faith and fair dealing; intentional or negligent infliction of emotional distress; claims for libel, slander or invasion of privacy; provided, however, that Employee and GTSI agree that Employee does not waive any rights or claims under the Age Discrimination In Employment Act that may arise after the execution of 1967; o The this document by Employee. This proviso is intended to exclude from release only claims "that arise after" execution of this document by Employee as provided for by the Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited This release also applies to any claim(s) under claims or rights that Employee might have or assert with respect to any federalclaims or rights, state or local law regulation or ordinance or if any, concerning any public policy, contract, or common law claims, including any tort claimsGTSI bonus plan applicable to GTSI officers. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived Nothing contained in this Section 3 is intended 11.1 shall affect any rights, claims or causes of action which Employee may have (1) as a stockholder of GTSI; (2) to be illustrative rather than exhaustive. Thusindemnification by GTSI, SANCHEZto the extent required under the provisions of GTSI's Certificate of Incorporation, GTSI's By-LOAEZA Laws, the Delaware General Corporation Law, insurance or contracts, with respect to matters relating to Employee's prior service as an officer, employee and PANAMCO acknowledge and agree that agent of GTSI; (3) to make claims against or seek contribution from anyone not released by the first sentence of this Agreemexx xxxxxxxxxxx a full and final bar Section 11.1 with respect to any and all claims matter or anyone released by the first sentence of this Section 11.1 with respect to any type that they now have against each othermatter not released thereby; or (4) with respect to GTSI's performance of this Agreement.

Appears in 1 contract

Samples: Employment Retirement Agreement (Gtsi Corp)

Mutual Release of Claims. For a) Except as otherwise set forth in this Agreement, in consideration for the purposes of payments and benefits specified in this Paragraph 3Agreement, "PANAMCO" shall include PANAMCO LLCExecutive hereby releases, Panamerican Beveragesacquits and forever discharges the Company, Inc., its parents and any parent companies, subsidiaries, related or affiliated entities, and their respective ownersofficers, directors, officers, agents, servants, employees, shareholders, successors, assigns and employees. SANCHEZ-LOAEZA knowingly affiliates (the “Released Parties,”) of and voluntarily waives from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known xxx xxxxxxx xxghts and claims that he has or unknown, suspected and unsuspected, disclosed and undisclosed (other than any claim for indemnification Executive may have as a result of any third party action against PANAMCO as Executive based on Executive’s employment with the Company or any other right expressly excluded herein), arising out of or in any way related to agreements, events, acts or conduct at any time prior to signing the date SANCHEZ-LOAEZA signs this Agreement, including including, but not limited tx xxx xxxxx(x) underto: o The National Labor Relations Actall such claims and demands directly or indirectly arising out of or in any way connected with Executive’s employment with the Company or the termination of that employment, including, but not limited to, claims of intentional and negligent infliction of emotional distress, any and all tort claims for personal injury, claims or demands related to salary, bonuses, commissions, stock, stock options or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; o Title VII and claims pursuant to any federal, state or local law or cause of action including, but not limited to, the federal Civil Rights Act of 1964; o Sections 1981 through 1988 , as amended, the federal Age Discrimination in Employment Act of Title 42 of 1967, as amended (“ADEA”), the United States Code; o The federal Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The , as amended, the federal Americans with Disabilities Act of 1990, the California Fair Employment and Housing Act, as amended, tort law, contract law, wrongful discharge, discrimination, fraud, defamation, emotional distress, and breach of the implied covenant of good faith and fair dealing; o The Fair provided, however, that nothing here shall be construed in any way to: (1) release the Company from its obligation to indemnify the Executive pursuant to the Company’s indemnification obligation pursuant to written agreement or applicable law; (2) release any claim against the Company relating to this Agreement or the Executive’s rights hereunder; (3) release any claim that cannot be waived by private agreement as a matter of law; (4) prohibit Executive from exercising any non-waivable right to file a charge with the United States Equal Employment Opportunity Commission (“EEOC”), the National Labor Standards Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any other federalRelations Board (“NLRB”), state or local civil or human rights law or any other federal, state or local lawgovernment agency; provided, regulation however, that Executive shall not be entitled to recover any monetary damages or ordinance; to obtain non-monetary relief if the agency were to pursue any claims relating to Executive’s employment with the Company. In giving the general release of claims herein, which includes claims that may be unknown to Executive at present, Executive acknowledges that Executive has read and understands Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims that the creditor or o Any public policyreleasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, contractif known by him or her, would have materially affected his or common law claims, including any tort claims (e.g., negligent her settlement with the debtor or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etcreleased party.) whether based on common law or otherwise. PANAMCO ” Executive hereby knowingly expressly waives and voluntarily waives any and relinquishes all known and unknown rights and claims benefits under that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, section and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now have against each otherother jurisdiction of similar effect with respect to the releases granted herein, including, without limitation, the release of unknown and unsuspected claims granted herein.

Appears in 1 contract

Samples: Transition Services, Separation and General Release Agreement (Kezar Life Sciences, Inc.)

Mutual Release of Claims. For and in consideration of the purposes right to receive the consideration described in Section 3 of this Paragraph 3Agreement, "PANAMCO" shall include PANAMCO LLCExecutive fully and irrevocably releases and discharges CytRx, Panamerican Beveragesincluding all of its affiliates, Inc., and any parent companies, subsidiariessubsidiary companies, related or affiliated entitiesemployees, and their respective owners, directors, officers, principals, agents, insurers, and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives attorneys from any and all known xxx xxxxxxx xxghts and claims that he has arising or may have against PANAMCO as of existing on, or at any time prior to, the date SANCHEZ-LOAEZA signs this AgreementAgreement is signed by Executive. Such released claims include, without limitation, claims relating to or arising out of: (i) Executive’s hiring, compensation, benefits and employment with CytRx, (ii) Executive’s separation from employment with CytRx, and (iii) all claims known or unknown or which could or have been asserted by Executive against CytRx, at law or in equity, or sounding in contract (express or implied) or tort, including but not limited tx xxx xxxxx(x) under: o The National Labor Relations claims arising under any federal, state, or local laws of any jurisdiction that prohibit age, sex, race, national origin, color, disability, religion, veteran, military status, pregnancy, sexual orientation, or any other form of discrimination, harassment, or retaliation, including, without limitation, age discrimination claims under the Age Discrimination in Employment Act; o the Americans with Disabilities Act; claims under Title VII of the Civil Rights Act of 1964; o Sections 1981 through 1988 the Rehabilitation Act; the Equal Pay Act; the Family and Mxxxxxx Xxxxx Xxx, 00 X.X.X. §0000; the Civil Rights Act of Title 42 1991; the Civil Rights Act of 1866 and/or 1871; the United States Sarbanes Oxley Act; the Executive Polygraph Protection Act; the Uniform Services and Employment and Re-Employment Rights Act; the Worker Adjustment Retraining Notification Act; the National Labor Relations Act and the Labor Management Relations Act; the California Fair Employment and Housing Act, the California Business and Professions Code, the California Labor Code, the California Wage Orders, and any other similar or equivalent state laws; o The and any other federal, state, local, municipal or common law whistleblower protection claim, discrimination or anti-retaliation statute or ordinance; claims arising under the Employee Retirement Income Security Act of 1974Act; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The claims arising under the Fair Labor Standards Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any other federal, state or local civil or human rights law or any other federalstatutory, state or local law, regulation or ordinance; or o Any public policy, contract, contractual or common law claims, including any tort claims (e.g., negligent or intentional infliction . Executive does not release Executive’s right to enforce the terms of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreement, including but not limited to any claim(s) under any federal, state or local law regulation or ordinance or any public policy, contractthe Surviving Provisions, or Executive’s common law claimslaw, including any tort claims. This waiver also bars any claim contractual, statutory or demand for costs, feesother rights to indemnification arising from, or other expenses including attorney's fees incurred in connection with any with, Executive’s employment with, or service as a director of, CytRx. Executive further agrees knowingly to waive the provisions and protections of Section 1542 of the above-referenced claimsCalifornia Civil Code, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA CytRx fully and PANAMCO acknowledge irrevocably releases and agree that this Agreemexx xxxxxxxxxxx a full and final bar to discharges Executive from any and all claims arising or existing on, or at any time prior to, the date this Agreement is signed by CytRx. Notwithstanding the foregoing, CytRx shall not release and discharge CytRx’s right to enforce the terms of this Agreement, the Surviving Provisions and shall not release and discharge Executive from any type that they now have against each otherclaims arising out of or in connection with Executive’s fraud, willful misconduct or criminal activity.

Appears in 1 contract

Samples: General Release and Severance Agreement (Cytrx Corp)

Mutual Release of Claims. For the purposes (a) Xx. Xxxxxx, on behalf of this Paragraph 3himself, "PANAMCO" shall include PANAMCO LLChis spouse, Panamerican Beveragessuccessors, Inc.heirs, and any parent companiesassigns, hereby forever releases and discharges Uroplasty (including its parents, subsidiaries, related or affiliated entities, and their respective owners, directors, officers, employees, agents, predecessors, successors, assigns, shareholders and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives insurers) (the "Released Parties") to the fullest extent permitted by law from any and all actual, suspected or potential claims, suits, controversies, actions, causes of action, cross-claims, counterclaims, demands, debts, promises, agreements, or liabilities of any nature whatsoever in law and in equity, whether known xxx xxxxxxx xxghts or unknown, suspected, or claimed, both past and claims that he has or may have against PANAMCO as of present through the date SANCHEZ-LOAEZA signs this AgreementAgreement becomes effective, seeking any form of relief, whether for compensatory damages, liquidated damages, punitive or exemplary damages, penalties, fines, assessments, other damages, reinstatement, back pay, front pay, attorneys' fees, specific performance, injunctive relief, or costs, arising out of any act or omission including but not limited to: (a) any claims based on, arising out of, or related to Xx. Xxxxxx'x employment with, or the termination of his employment with, Uroplasty, or his membership on Uroplasty's Board of Directors or the termination thereof, and any claims for compensation of any kind, including without limitation, amounts due under any contract, all regular salary, expenses, distributions, earned but unused vacation, bonuses and incentive compensation, and stock options; (b) any claims arising from rights under federal, state and/or local laws, including but not limited tx xxx xxxxx(x) under: o The National Labor Relations Act; o to those related to any form of retaliation, harassment or discrimination on any basis, or any related cause of action, and any labor code provisions, including but not limited to, any alleged violation of the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), Title VII of the Civil Rights Act of 1964; o Sections 1964 (Title VII), the Civil Rights Act of 1991, sections 1981 through 1988 of Title 42 of the United States Code; o The , the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act of 2008 (XXXX), the Civil Rights Act (42 U.S.C. § 1981), the Family Medical Leave Act (FMLA), the Employee Retirement Income Security Act of 1974; o The Immigration Reform and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The (ERISA), Equal Pay Act of 1963; o The (EPA), the Occupational Safety and Health Act, as amended, the Minnesota Human Rights Act, Minn. § 181.81, Minn. Stat. § 176.82, Minn. Stat. §§ 181.931, 181.932, 181.935; o The Family and/or Minn. Stat. §§ 181.940–181.944, and Medical Leave Act any provision of 1993the Minnesota or federal constitutions; o Any (c) any claims grounded in contract or tort theories, including but not limited to claims for wrongful discharge, breach of express or implied contract, breach of implied covenant of good faith and fair dealing, tortious interference with contractual relations or prospective economic benefit, promissory estoppel; breach of promise, breach of manuals or other federalpolicies, state or local civil or human rights law or any other federal, state or local law, regulation or ordinance; or o Any violation of public policy, contractfraud, or common law claimsmisrepresentation, defamation (including any tort claims (e.g.libel, slander, and self-publication defamation), negligence, negligent hiring, supervision or intentional retention, assault, battery, invasion of privacy, false imprisonment, infliction of emotional distress, defamationharassment, assaultor any other wrongful or unlawful acts, batteryomissions, false imprisonment, wrongful termination, etc.statements or practices; and/or (d) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it has or may have against SANCHEZ-LOAEZA (including his heirs, assigns, agents, and represenxxxxxxx) xx xx the date PANAMCO signs this Agreementother claim of any kind whatsoever, including but not limited to any claim(s) under any federal, state claim for damages or local law regulation declaratory or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims injunctive relief of any type that they now have against each otherkind.

Appears in 1 contract

Samples: Amended and Restated Separation Agreement (Uroplasty Inc)

Mutual Release of Claims. For In consideration of the purposes payments and benefits described in Section IV of the Executive Severance Plan and Sections III and V of this Paragraph 3Agreement, "PANAMCO" shall include PANAMCO LLCto which the Employee agrees the Employee is not entitled until and unless the Employee executes and does not revoke this Agreement, Panamerican Beveragesthe Employee, Inc.for and on behalf of the Employee and the Employee’s heirs and assigns, subject to the following two sentences hereof, agrees to all the terms and conditions of this Agreement and hereby waives and releases any parent companiescommon law, subsidiariesstatutory or other complaints, related claims or affiliated entitiescauses of action of any kind whatsoever, both known and their respective ownersunknown, in law or in equity, which the Employee ever had, now has or may have against AIG and its shareholders, successors, assigns, directors, officers, partners, members, employees, agents, and employees. SANCHEZ-LOAEZA knowingly and voluntarily waives any and all known xxx xxxxxxx xxghts and claims that he has representatives, benefit plans or may have against PANAMCO as the Executive Severance Plan (collectively, the “Releasees”), arising on or before the date of the date SANCHEZ-LOAEZA signs Employee’s execution of this Agreement, including, without limitation, any complaint or cause of action arising under federal, state or local laws pertaining to employment, including but not limited tx xxx xxxxx(x) under: o The the Age Discrimination in Employment Act of 1967 (“ADEA,” a law which prohibits discrimination on the basis of age), the National Labor Relations Act; o , the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964; o Sections 1981 through 1988 of Title 42 of the United States Code; o The Employee Retirement Income Security Act of 1974; o The Immigration Reform , all as amended; and Control Act of 1986; o The Americans with Disabilities Act of 1990; o The Fair Labor Standards Act; o The Age Discrimination in Employment Act of 1967; o The Older Workers Benefit Protection Act; o The Equal Pay Act of 1963; o The Occupational Safety and Health Act; o The Family and Medical Leave Act of 1993; o Any all other federal, state state, local and foreign laws and regulations. By signing this Agreement, the Employee acknowledges that the Employee intends to waive and release any rights known or local civil unknown that the Employee may have against the Releasees under these and any other laws; provided that the Employee does not waive or human release claims with respect to the right to enforce the Employee’s rights under this Agreement or with respect to any rights to indemnification under the Company’s Charter and by-laws (the “Unreleased Claims”). Nothing herein modifies or affects any vested rights that the Employee may have under any applicable retirement plan, 401(k) plan, incentive plan or deferred compensation plan; nor does this Agreement confer any rights with respect to such plans, which are governed by the terms of the respective plans (and any agreements under such plans). In consideration for the Employee’s release of claims set forth herein and the Employee’s other obligations in this Agreement, the Company, for and on behalf of its shareholders, successors, assigns, directors, officers, partners, members, employees, agents, benefit plans or the Executive Severance Plan, agrees to all the terms and conditions of this Agreement and hereby waives and releases any common law, statutory or other complaints, claims or causes of action of any kind whatsoever, both known and unknown, in law or any other federalin equity, state or local lawwhich the Company ever had, regulation or ordinance; or o Any public policy, contract, or common law claims, including any tort claims (e.g., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. PANAMCO hereby knowingly and voluntarily waives any and all known and unknown rights and claims that it now has or may have against SANCHEZ-LOAEZA (including his heirs, the Employee and her successors or assigns, agents, and represenxxxxxxx) xx xx arising on or before the date PANAMCO signs of the Employee’s execution of this Agreement, including but not limited to including, without limitation, any claim(s) complaint or cause of action arising under any federal, state state, local and foreign laws and regulations. By signing this Agreement, the Company acknowledges that the Company intends to waive and release any rights known or local law regulation or ordinance or any public policy, contract, or common law claims, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorney's fees incurred in connection with any of unknown that the above-referenced claims. The listing of claims waived in this Section 3 is intended to be illustrative rather than exhaustive. Thus, SANCHEZ-LOAEZA and PANAMCO acknowledge and agree that this Agreemexx xxxxxxxxxxx a full and final bar to any and all claims of any type that they now Company may have against each otherthe Employee under these and any other laws; provided that the Company does not waive or release claims with respect to the right to enforce the Company’s rights under this Agreement.

Appears in 1 contract

Samples: Transition Agreement (American International Group, Inc.)

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