Common use of Release and Covenant Not to S▇▇ Clause in Contracts

Release and Covenant Not to S▇▇. 3.1. The Executive hereby fully and forever releases and discharges the Company, the Subsidiary, and all of their respective predecessors and successors, assigns, stockholders, affiliates, officers, directors, trustees, employees, agents and attorneys, past and present (each such person or entity is referred to as a “Released Person”) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive’s employment by the Company or its affiliates or the cessation thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law or any claim for damages, notice, payment in lieu of notice, loss of benefits including long term and short term disability, pension issues, bonus, profit sharing, stock distribution, stock purchase rights, overtime pay, vacation pay or any claims under the British Columbia Employment Standards Act or Human Rights Code. 3.2. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive’s employment by the Company or its affiliates or the cessation of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. 3.3. The foregoing will not be deemed to release the Company or the Subsidiary from (i) claims solely to enforce this Release, or (ii) claims for indemnification under the Company’s Certificate of Incorporation, as amended to date, or under applicable law including, without limitation, section 2802 of the California Labor Code. 3.4. The Company and the Subsidiary hereby fully and forever release and discharge the Executive from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive’s employment by the Company or its affiliates. 3.5. The Company and the Subsidiary each expressly represents that it has not filed a lawsuit or initiated any other administrative proceeding against the Executive and that it has not assigned any claim against the Executive. The Company and the Subsidiary each further promises not to initiate a lawsuit or to bring any other claim against the Executive arising out of or in any way related to the Executive’s employment by the Company or its affiliates or the cessation of that employment. 3.6. The foregoing will not be deemed to release the Executive from claims solely to enforce this Release.

Release and Covenant Not to S▇▇. 3.1. The Executive hereby fully and forever releases and discharges the Company, the Subsidiary, Subsidiary and all of their respective predecessors and successors, assigns, stockholders, affiliates, officers, directors, trustees, employees, agents and attorneys, past and present (each such person or entity is referred to as a “Released Person”) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Second Release, out of the Executive’s employment by the Company or its affiliates affiliates, or the cessation thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., . or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law law, or any claim for damages, notice, payment in lieu of notice, wrongful dismissal, severance pay, loss of benefits including long term and short term disability, pension issues, bonus, profit sharing, stock distribution, stock purchase rights, overtime pay, vacation pay or any claims under the British Columbia Employment Standards Act or Human Rights Code. 3.22.1. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive’s employment by the Company or its affiliates or the cessation of that employment. This Second Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. 3.32.2. The foregoing will not be deemed to release the Company or the Subsidiary from (i) claims solely to enforce this Release, the First Release or (ii) claims for indemnification under the Company’s Certificate of Incorporation, as amended to date, or under applicable law including, without limitation, section 2802 of the California Labor Code. 3.4. The Company and the Subsidiary hereby fully and forever release and discharge the Executive from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive’s employment by the Company or its affiliates. 3.5. The Company and the Subsidiary each expressly represents that it has not filed a lawsuit or initiated any other administrative proceeding against the Executive and that it has not assigned any claim against the Executive. The Company and the Subsidiary each further promises not to initiate a lawsuit or to bring any other claim against the Executive arising out of or in any way related to the Executive’s employment by the Company or its affiliates or the cessation of that employment. 3.6. The foregoing will not be deemed to release the Executive from claims solely to enforce this Release.