Common use of Release by Employee Clause in Contracts

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them (“Releasees”) of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effect.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Imarx Therapeutics Inc), Separation and Release of Claims Agreement (Imarx Therapeutics Inc)

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Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of March 14, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq; the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Virginia Human Rights Act, § 2.2-3900, et seq. of the Worker Adjustment Code of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Code of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Actregulations), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, ; and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 2 contracts

Samples: Separation and Release Agreement (CarLotz, Inc.), Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to IMARX NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge IMARX NPS and any each of IMARX’s NPS's subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s 's fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employmenttermination, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Lawsthe Utah Antidiscrimination Act, including but not limited to the Arizona Civil Rights ActNew Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX NPS or the termination of that relationship as part of this workforce reductionrelationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against IMARX NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Utah Antidiscrimination and Labor Division, the Industrial Commission New Jersey Division of Arizona, the United States Department of LaborCivil Rights, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX NPS or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You also are further do not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving waive any rights to indemnification you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Indemnification Agreement and Age Discrimination in Employment Act which may arise from events occurring after the terms date of such agreement remain in full force and effectthis Agreement.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (NPS Pharmaceuticals Inc), Separation and Release of Claims Agreement (NPS Pharmaceuticals Inc)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, all Arizona Antidiscrimation Laws§ 40.1-29, including but not limited to et seq. of the Arizona Civil Rights ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Worker Adjustment Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, regulations and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 2 contracts

Samples: Separation and Release Agreement (CarLotz, Inc.), Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in In consideration for the payment promises contained herein, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, successors and assigns, the Company and each of the amount set forth in this AgreementCompany's parent companies, youstockholders, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiaries, affiliatespredecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees”) "), or any of and them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s feeslosses, expenses, liens, future rights, debts and causes of action of every kind expenses (including attorneys' fees and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out costs actually incurred) of any legal restrictions on IMARX’s right to terminate its employeesnature whatsoever, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rightsincluding, based upon but not limited to, claims arising directly or in any way arising indirectly out of events the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment Agreement, claims under the Long Term Incentive Plan, claims for compensation of any kind, claims for workers' compensation, claims in equity or omissions occurring prior law for wrongful discharge, claims arising in tort, personal injury, defamation, mental anguish, emotional distress, injury to health and reputation, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, handicap, religion and similar classifications, claims under the effective date Civil Rights Acts of 1866 and 1871, as amended; The Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act of 1990; Colorado Rev. Stat. (S) 24-34- 402(1)(a), (S) 24-34-301(1)(1994), and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims"), which Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not (i) limit the right of the Employee to seek to enforce the provisions of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any (ii) limit the Employee's right to recover damages, costs, attorneys’ fees, indemnification under and in accordance with any other relief in any proceeding indemnification provisions applicable to officers and directors of the Company under the Company's Certificate of Incorporation or action brought against IMARX by any other party, including without limitation by-laws or under the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission corporate law of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if anyDelaware, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein the extent applicable to the contrary, you are not waiving Employee or (iii) limit the Executive's rights under any rights to indemnification you may have under the terms insurance policy covering officers or directors of the Indemnification Agreement and Company, to the terms of such agreement remain in full force and effectextent applicable to the Employee.

Appears in 1 contract

Samples: Resignation Agreement and General Release (Atlas Corp)

Release by Employee. As a material inducement IN CONSIDERATION OF THE TERMINATION BENEFITS PROVIDED BY THE COMPANY UNDER THE EMPLOYMENT AGREEMENT AND THE BENEFITS AND THE MUTUAL RELEASE PROVIDED HEREIN, EMPLOYEE HEREBY RELEASES THE COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS PAST, PRESENT AND FUTURE PREDECESSORS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, EMPLOYEE BENEFIT PLANS AND PLAN ADMINISTRATORS FROM ALL CLAIMS AND WAIVES ALL RIGHTS EMPLOYEE MAY HAVE OR CLAIM TO HAVE RELATING TO EMPLOYEE’S EMPLOYMENT WITH THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OR EMPLOYEE’S SEPARATION THEREFROM, arising from events which have occurred up to IMARX to enter into the date Employee executes this Agreement and in consideration for the payment of the amount set forth in this AgreementAGREEMENT, youincluding but not limited to, claims, whether previously known or later discovered, for yourself and for all persons claiming byrelief, throughincluding but not limited to, or under youfront pay, hereby absolutelyback pay, irrevocably, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them (“Releasees”) of and from any and all claims, demands, charges, grievances, compensatory damages, debtspunitive damages, liabilitiesinjunctive relief, accounts, costs, attorney’s fees, expenses, liens, future rights, attorneys’ fees and causes of action of every kind and nature whatsoever based on costs or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under remedy, arising under: (i) the Age Discrimination in In Employment ActAct of 1967, as amended, (“ADEA”); (ii) the Older Workers Benefit Protection ActEmployee Retirement Income Security Act of 1974, as amended, (“ERISA”); (iii) Title VII of the Civil Rights Act of 1964, as amended; (iv) the Fair Labor Standards Energy Reorganization Act and Atomic Energy Act, both as amended; (v) the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act“ADA”), the Employee Retirement Income Security Act ; (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of vi) any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in wrongful termination claim under any way out of your employment relationship with IMARX state or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all federal law; (vii) claims for back pay, front pay, benefits under any employee benefit plan maintained by the Company related to service credits or other issues; (viii) claims under the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and (ix) any other form of compensationfederal, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receivinglocal law. Notwithstanding anything herein the above, this GENERAL RELEASE shall not apply to the contrary, you are not waiving any rights to indemnification you may have claims under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectNorth Carolina Workers’ Compensation Act.

Appears in 1 contract

Samples: General Release & Severance Agreement (Progress Energy Inc)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in In consideration for the payment of the amount set forth covenant not to xxx and other consideration recited in this Agreementparagraph 6 herein, you, for yourself Employee does hereby and for all persons claiming byhis successors and assigns, throughrelease, or under youacquit and forever discharge the District and its agents, hereby absolutelyemployees, irrevocablyofficers, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiariesdirectors, affiliatesinsurers, attorneys, successors, assignsservants, agentsheirs, directorsexecutors, officersadministrators, employeesparents, representatives, attorneys subsidiaries and all persons acting by, through, under or in concert with any of them affiliates (the ReleaseesReleased Parties”) of and from any and all known and unknown claims, actions, causes of action, demands, charges, grievancesrights, damages, debtswages, liabilitiessalaries, accountscommissions, costsbonuses, attorney’s feesback pay, expensesfront pay, liensjob assignments, future rightspromotions, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein includetransfers, without limitation, breach of implied or express contract, including contract of past employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Lawsbenefits, including but not limited to the Arizona Civil Rights Acthealth, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)dental, and all other laws prohibiting agelife insurance, racepension, religionretirement, sexstock plan benefits, sexual orientationprofit sharing and retirement plan benefits, national origin401(k) benefits, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damagesaccrued leave, costs, loss of service, attorneys’ fees, expenses and any other relief compensation whatsoever which Employee now has or which may hereafter accrue on account of or in any proceeding way relating to the facts, circumstances and transactions arising out of or action brought against IMARX by in any other partyway relating to Employee’s employment with the District, including without limitation any facts, circumstances, transactions, allegations or other matters of any kind, from the Equal Employment Opportunity Commissionbeginning of time up to and including the date hereof. It is the express intention of Employee to reserve any rights, claims or causes of actions that Employee may have against any person or entity other than the Arizona Civil Rights DivisionReleased Parties, but to release fully and completely the Industrial Commission Released Parties. Therefore, for the consideration hereinabove described, Employee agrees to a reduction of Arizonathe damages recoverable against all other tortfeasors to the extent of the pro rata share of the liability of the Released Parties, and further agree to indemnify, protect and hold harmless the United States Department Released Parties from all judgments, claims, losses or expenses arising out of Laboror by reason of any action, claim or demand by any person on account of the damages sustained by Employee, in any capacity, resulting from the facts and circumstances relating to Employee’s employment with the District, or any other administrative agency asserting any claimliability or alleged liability under Act 315 of the Acts of Arkansas for 1941, chargeas amended, demand, grievance, or cause of action related to your employment relationship with IMARX or being the termination of that relationshipUniform Contribution Among Tortfeasors Act. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein In addition to the contraryabove, you are not waiving Employee specifically releases any rights to indemnification you and all claims that he has or may have under had against the terms Released Parties as of the Indemnification date of his execution of this Agreement and the terms of such agreement remain in full force and effect.under:

Appears in 1 contract

Samples: Separation Agreement

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration for That the payment of the amount set forth in this Agreementundersigned, youXxxx Xxxxx Xxxxxx, for yourself good and for all persons claiming byvaluable consideration, throughthe receipt and sufficiency of which are hereby acknowledged, or under youintending to be legally bound, hereby absolutelyreleases and forever discharges the School Board of Sarasota County, irrevocablyand all of its past and present Board members, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiariesstudents, parents, agents, representatives, principals, attorneys, affiliates, successorsadministrators vendors, assignscontractors, agentsowners, corporations, subsidiaries, officers, directors, officers, employees, representativesassigns and successors, attorneys and all persons acting byother persons, through, under firms or in concert with any of them corporations connected or affiliated therewith (collectively “Releasees”) ), of and from any and all legal, equitable or other claims, demands, chargessetoffs, grievancesdefenses, damagescontracts, accounts, suits, debts, liabilitiesagreements, accountsactions, costs, attorney’s fees, expenses, liens, future rights, and causes of action action, sums of every kind money, judgments, findings, controversies, disputes, or past, present and nature future duties, responsibilities, obligations, or suits at law and/or equity of whatsoever based on or in any way arising out kind, from the beginning of events or omissions occurring prior the world to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein includehereof, in addition, without limitation, breach any and all actions, causes of implied or express contractaction, including contract of employmentclaims, breach of implied covenant of good faith and fair dealingcounterclaims, libelthird party claims, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any and all other federal, state, local and/or municipality statutes, laws and/or regulations and any ordinance and/or common law pertaining to employment and otherwise and any and all other claims which have been or which could have been asserted against any party in any forum. By signing this Release, Employee knowingly and voluntarily fully releases and forever discharges Releasees of and from all claims, demands and liability of any kind arising under the Age Discrimination in Employment Actany statute, the Older Workers Benefit Protection Actlaw or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Family & Medical Leave Act, the National Labor Relations Act, the Americans With with Disabilities Act, all Arizona Antidiscrimation Lawsany retaliation statute, including but not limited to the Arizona Civil any whistleblower statute, any state Human Rights Act, Fla. Stat. 448, or any facts or claims arising under the Worker Adjustment and Retraining Notification Age Discrimination in Employment Act (WARN Act“ADEA”). This Release is intended to cover all actions, the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms causes of employment discriminationaction, claims growing out and demands for damages, loss or injury arising from the beginning of time until the date of this Release, whether presently known or unknown to Employee. However, Employee does not waive her rights to claims which may arise after this Release becomes effective. Employee is also not waiving any legal restrictions on IMARX’s rights she may have to: (a) her own vested accrued employee benefits under health, welfare, or retirement benefit plans; (b) benefits and/or the right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) enforce this Agreement; and/or (e) challenge the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date validity of this Agreement. You specifically waive In addition, Employee is hereby advised to consult with an attorney prior to executing this Release. Employee agrees that she has been given a reasonable time in which to consider the Release and seek such consultation. Employee further warrants that she has consulted with knowledgeable persons concerning the effect of this Release and all rights which she might have under any and all claims state and federal laws relating to employment and otherwise. Employee fully understands these rights and that by signing this Release Employee forfeits all rights to sue Releasees for back paymatters relating to or arising out of his employment, front payher separation, or any other form otherwise. Employee may preserve her legal right to sue by refusing to sign this Release, in which case she will not receive the benefit of compensation, except as set forth the additional consideration outlined herein. You In accordance with provisions of the ADEA, as amended, 29 U.S.C. §§601- 634, Employee is hereby waive any right provided a period of twenty-one (21) days from the date she receives this Release to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation review the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission waiver of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any her rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of ADEA and sign this Release. Furthermore, Employee has seven (7) days after the Indemnification Agreement and date she signs the terms of such agreement remain in full force and effectRelease (“Revocation Period”) to revoke her consent. This Release shall not become effective or enforceable until the Revocation Period has expired. If Employee does not deliver a written revocation to Xxxxxxx Xxxxxxx, Board chair for the School Board via certified mail, return receipt with a copy provided simultaneously via e-mail to xxxxxxx.xxxxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx before the Revocation Period expires, this Release will become effective.

Appears in 1 contract

Samples: Separation Agreement

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in In consideration for the payment of the amount set forth in this Agreementpromises made and the separation pay provided herein, youEmployee hereby fully and forever waives, for yourself releases and for all persons claiming bydischarges and covenants not to sxx BBSI and its current and future agents, throughemployees, or under youattorneys, hereby absolutelyinsurers, irrevocablyofficers, completely and unconditionally release and discharge IMARX and any of IMARX’s subsidiaries, affiliates, successors, assigns, agentsshareholders, directors, officersparent companies, employees, representatives, attorneys subsidiaries and all persons acting by, through, under or in concert with any of them related companies and entities (“Releasees”collectively the "Released Parties") of from and from against any and all liabilities, claims, demands, actions and causes of action, suits, charges, grievances, damages, debtsor other demands or claims of any kind whatsoever known or unknown, liabilitiesforeseen or unforeseen, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes including but not limited to those involving any matter arising out of action of every kind and nature whatsoever based on or in any way arising out of events related, directly or omissions occurring prior indirectly, to Employee's employment with BBSI or the effective date of this Agreement termination thereof (the "Claims"). The Parties agree and acknowledge that the Claims from which you are releasing Releasees herein released include, without limitationbut are not limited to, any Claims or actions based upon any common law tort action, breach of implied or express contract, including contract of employment, breach of implied the covenant of good faith and fair dealing, libelmisrepresentation, slander, tortpromissory estoppel, wrongful discharge or termination of employmentdischarge, fraud, defamation, privacy violations, interference with contract, infliction of emotional distress, employment discrimination hiring, rehire or reemployment rights, and any other and all discrimination claims or rights to sxx that might be available to Employee under the Age Discrimination in Employment Actfederal, the Older Workers Benefit Protection Actstate, or local statutes, laws, regulations or ordinances, including but not limited to Title VII of the Civil Rights Act; the Americans with Disabilities Act, as amended by the ADA Amendments Act of 1964, 2008; the Family and Medical Leave Act; the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), ; the Employee Retirement Income Security Act (ERISA)Act; the OFCCP laws and related regulations, including Section 503 of the Rehabilitation Act, Section 4212 of the Vietnam Era Veterans Readjustment Act, and all other laws prohibiting ageExecutive Order 11246, race, religion, sex, sexual orientation, national origin, color, disability as amended; the Fair Credit Reporting Act; and other forms any provisions of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employeesthe Oregon Constitution, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reductionOregon statutes and regulations concerning whistleblowing, whether now known or unknown, suspected or unsuspected, including future civil rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any wages and all claims for back payhours, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ feesemployee leaves, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission statutes pertaining to employment. SEPARATION AND RELEASE AGREEMENTPage 1 of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effect.7

Appears in 1 contract

Samples: Separation and Release Agreement (Barrett Business Services Inc)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in (including the payment to Employee of the payments and benefits set forth in) the Confidential Separation and Release Agreement entered into by and between the Company and Employee, effective as of ___________, 2019, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which she may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Fair Labor Standards Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans With with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, all Arizona Antidiscrimation Laws, including but not limited to 31 U.S.C. § 3729 et seq.; the Arizona Civil Rights Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the California Fair Employment and Housing Act, as amended, Cal. Lab. Code § 12940 et seq.; the California Equal Pay Law, as amended, Cal. Lab. Code §§ 1197.5(a),1199.5; the Xxxxx-Xxxxx-Xxxxxxx Family Rights Act of 1991, as amended, Cal. Gov’t Code §§12945.2, 19702.3; the California WARN Act), Cal. Lab. Code § 1400 et seq.; the Employee Retirement Income Security Act (ERISA)California False Claims Act, and all other laws prohibiting ageCal. Gov’t Code § 12650 et seq.; the California Corporate Criminal Liability Act, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or Cal. Penal Code § 387; the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, California Labor Code; and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Confidential Separation and Release Agreement (Tilly's, Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe US-LEGAL-11047090 174293-0005 Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, all Arizona Antidiscrimation Laws§ 40.1-29, including but not limited to et seq. of the Arizona Civil Rights ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Worker Adjustment Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, regulations and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of promises in this Agreement, you agree to irrevocably and unconditionally release all Claims you may now have or that you could have asserted against the amount Released Parties as set forth in this Agreementsection. The “Released Parties” are Rackspace US, youInc., for yourself Rackspace Hosting, Inc., Datapipe, Inc. and for all persons claiming byof their respective affiliates, throughsubsidiaries, related companies, partnerships, or under youjoint ventures, hereby absolutelyand, irrevocablywith respect to each of them, completely their predecessors and unconditionally release successors; and discharge IMARX with respect to each entity, all of its past and any of IMARX’s subsidiariespresent employees, affiliatesofficers, successorsdirectors, fiduciaries, agents, administrators, stockholders, owners, investors, and representatives, assigns, attorneys, agents, directorsboth in their individual and corporate capacities, officers, employees, representatives, attorneys and all any other persons acting by, through, under or in concert with any of them (“Releasees”) the persons or entities listed in this subsection. You understand and agree that you are waiving and releasing all claims against the Released Parties, of any known claims, promises, causes of action, including but not limited to breach of contract, conversion, invasion of privacy, intentional infliction of emotional distress, promissory estoppel, equitable estoppel, assault, battery, defamation, disparagement, negligence, fraud, torts, and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes similar rights of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement type (“Released Claims” or “Claim(s))) that you may have against any Released Party. The You further understand that the Claims from which that you are releasing Releasees herein includemay arise under many different laws (including statutes, without limitationregulations, other administrative guidance, and common law doctrines), including, but not limited to: the Age Discrimination in Employment Act; Title VII of the Civil Rights Act; Section 1981 of the Civil Rights Act; Executive Order 11246; the Equal Pay Act; Xxxxx Xxxxxxxxx Fair Pay Act; the Americans with Disabilities Act, as amended, Section 503 and 504 of the Rehabilitation Act; the Genetic Information Nondiscrimination Act; the Texas Workers’ Compensation Act; Chapter 21 of the Texas Labor Code; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Fair Labor Standards Act; the National Labor Relations Act; the Family and Medical Leave Act; the Uniformed Services Employment and Reemployment Rights Act; the Defend Trade Secrets Act; any federal, state, or local laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; Claims for physical or personal injury (including, but not limited to, Claims based on the negligence of the Released Parties), wrongful discharge, intentional infliction of emotional distress, fraud, fraud in the inducement, negligent misrepresentation, negligent infliction of emotional distress, defamation, invasion of privacy, conversion, theft, interference with contract or with prospective economic advantage, negligent investigation, claims for wages, severance, bonus, salary, commission and/or benefits, breach of express or implied or express contract, including contract of employment, and breach of implied covenant covenants of good faith and fair dealing, libeland similar or related Claims. Nothing in this section is intended to limit or restrict any rights that cannot, slanderby express and unequivocal terms of law, tortbe limited, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front paywaived, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectextinguished.

Appears in 1 contract

Samples: Separation Agreement and Release (Rackspace Technology, Inc.)

Release by Employee. As a material inducement to IMARX Company to enter into this Agreement and in consideration for make the payment of the amount set forth payments described in this Agreement, you, for yourself and for all persons claiming by, through, or under you, Employee hereby absolutely, irrevocably, completely irrevocably and unconditionally release releases, acquits and discharge IMARX forever discharges Company and any each of IMARXCompany’s subsidiariesowners, affiliatespartners, successorsstockholders, assignspredecessors, successors and assigns (and the agents, directors, officers, employees, representativesrepresentatives and attorneys of the Company), attorneys and all persons acting by, through, under or in concert with any of them (collectively, ReleaseesReleased Persons) of and ), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, chargescosts (except as otherwise provided hereunder), grievanceslosses, damages, debts, liabilities, accounts, costs, debts and expenses (including attorney’s feesfees and costs actually incurred), expensesof any nature whatsoever, lienswhether known or unknown (collectively, future rights“Claims”), and causes arising out of action of every kind and nature whatsoever based on or relating in any way to his employment with Company or his retirement from the Company, which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time hereafter may have, own or hold, or claim to have, own or hold, arising out of events or omissions occurring prior to the effective date execution of this Agreement (“Claims”)and between that date and the Retirement Date that are, could have been or could be asserted against any of Released Persons in any action against any of them. The Claims from which you are Employee acknowledges and agrees that he is releasing Releasees herein include, without limitation, breach of implied and giving up any right or express contractclaim under federal or state law or any political subdivision thereof, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, but not limited to Title VII of the Civil Rights Act Acts of 19641964 which prohibits discrimination in employment based on age, the Fair Labor Standards Actrace, color, national origin, religion or sex; the Americans With with Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to which prohibits discrimination in employment based upon physical or mental disabilities; the Arizona Civil Rights Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act (WARN Act), ; the Employee Retirement Income Security Act (ERISA)Act; and, any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights. Employee also acknowledges and agrees that he is releasing and giving up any claims he has or may have had against Released Persons for other tortious or unlawful conduct. Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms claims of employment discrimination, claims growing out Employee against any of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising Released Persons in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reductionlawsuit, whether now known or unknownunknown and that this Agreement contemplates the extinguishment of such claim or claims. This release does not include, suspected or unsuspectedhowever, including future rights, based upon or in any way arising out a release of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rightsEmployee’s right, if any, to unemployment insurance benefits. You also are not waiving your rights to any workerretiree health or similar benefits under Company’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectapplicable retirement program or those obligations created by this Agreement.

Appears in 1 contract

Samples: Retirement Agreement and General Release (Lifepoint Hospitals, Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment payments and benefits provided to Employee pursuant to that certain Amended and Restated Employment Agreement entered into by and between the Company and Employee, dated as of [________] (the amount set forth in this Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under youEmployee agrees knowingly, hereby absolutelyvoluntarily, irrevocably, completely unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which he or she may now have, or ever had, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim related in any way to Employee’s employment or the termination thereof, including but not limited to sexual harassment, negligence, any claims arising under tort or common law, constructive discharge, whistleblower claims; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Fair Labor Standards Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans With with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, all Arizona Antidiscrimation Laws, including but not limited to 31 U.S.C. § 3729 et seq.; the Arizona Civil Rights Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (WARN Act“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Employee Retirement Income Security Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Georgia Equal Pay Act (ERISAGEPA), ; the Georgia Prohibition of Age Discrimination in Employment Act; the Georgia Equal Employment for Persons with Disabilities Code (GEEPDC); the Georgia Discriminatory Wage Practices Based on Sex Act; the Constitution of the United States; the Constitution of the State of Georgia; and any and all other laws prohibiting agecauses of action arising under federal, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employeesstate, and all other claims arising in any way out of your employment relationship with IMARX local statutes, rules, regulations, ordinances, or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior orders to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectfullest extent allowable.

Appears in 1 contract

Samples: Employment Agreement (Danimer Scientific, Inc.)

Release by Employee. As a material inducement Employee agrees for Employee, Employee’s heirs, executors, administrators, successors and assigns to IMARX to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally forever release and discharge IMARX Employer and any of IMARX’s its subsidiaries, affiliatesrelated companies, successorsparents, successors and assigns, officers, directors, agents, directorsattorneys, officers, employees, representatives, attorneys employees and all persons acting by, through, under or in concert with any of them (“Releasees”) of and former employees from any and all claims, debts, promises, agreements, demands, chargescauses of action, grievances, damages, debts, liabilities, accounts, costs, attorney’s attorneys’ fees, expenses, liens, future rights, losses and causes of action expenses of every kind and nature whatsoever based on whatsoever, known or in any way unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or arising out of events or omissions occurring prior in connection with Employee’s employment by and termination from Employer. This total release includes, but is not limited to, all claims arising directly or indirectly from Employee’s employment with Employer and the termination of that employment; claims or demands related to the effective date salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits and expense reimbursements pursuant to any, state or local law; causes of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein includeaction, without limitationincluding, but not limited to, breach of implied or express contract, including contract of employment, breach of the implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distressharm, employment discrimination wrongful discharge, violation of public policy, defamation and impairment of economic opportunity; any other claims under for violation of the; any claims for violation of the Age Texas Employment Discrimination in Employment Actor Harassment Laws, as amended, the Older Workers Benefit Texas Constitution, and the Employee Polygraph Protection Act; any claims for violation of the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Age Discrimination in Employment Act of 1967, the Older Workers’ Benefit Protection Act, the Americans With Disabilities ActCalifornia and Federal Family and Medical Leave Acts, all Arizona Antidiscrimation Laws, including but not limited to Section 503 of the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Rehabilitation Act (WARN Act)of 1973, the Employee Retirement Income Security Act (ERISA)Act, as amended, the Fair Labor Standards Act, and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms the Americans With Disabilities Act of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, 1990; or any other form of compensationfacts, except as set forth herein. You hereby waive any right transactions or occurrences relating to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your Employee’s employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectEmployer.

Appears in 1 contract

Samples: Severance and Release Agreement (Group 1 Automotive Inc)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, youincluding the exception to certain provisions of the Loyalty Agreement provisions set forth in Section 9, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, all Arizona Antidiscrimation Laws§ 40.1-29, including but not limited to et seq. of the Arizona Civil Rights ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Worker Adjustment Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, regulations and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

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Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes or damages of action of every any kind and or nature whatsoever based on which Employee may now have, or ever have, whether known or unknown, fixed or contingent, in any way all cases arising out of events employment with the Company or omissions occurring prior to the effective date of this Agreement separation from employment (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, New York State Human Rights Law; the New York Labor Law (including but not limited to the Arizona Civil Rights Act, the New York State Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)all provisions prohibiting discrimination and retaliation, and all other laws prohibiting ageprovisions regulating wage and hour law); the New York State Correction Law, racethe New York State Civil Rights Law, religionSection 125 of the New York Workers' Compensation Law; the New York City Human Rights Law; the Florida Civil Rights Act (§§ 760.01 to 760.11, sexFla. Stat.); the Florida Whistleblower Protection Act ((§§ 448.101 to 448.105, sexual orientationFla. Stat.); the Florida Workers’ Compensation Retaliation provision (§§ 440.205, national originFla. Stat.); the Florida Minimum Wage Act ((§§ 448.110, colorFla. Stat.); Article X, disability and other forms Section 24 of employment discriminationthe Florida Constitution (Fla. Const. art. X, claims growing out of any legal restrictions on IMARX’s right § 24); the Florida Fair Housing Act (§§ 760.20 to terminate its employees760.37, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, Fla. Stat.); and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationshipsimilar effect. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effect.(b)

Appears in 1 contract

Samples: Separation and Release Agreement (Clever Leaves Holdings Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in this Section 9(a) of the Executive Employment and Non-Disclosure, Non-Competition and Invention Assignment Agreement between the Employee and Cognizant Worldwide Limited (“CWW”) dated 1 April 2019 (the “Executive Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutely, irrevocably, completely and unconditionally Employee agrees to release and discharge IMARX CWW, the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which he may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, 29 U.S.C. § 215 et seq.; and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Employment Agreement (Cognizant Technology Solutions Corp)

Release by Employee. As a material inducement to IMARX the Released Parties to enter into this Agreement and in consideration for ------------------- make the payment of the amount set forth in this Agreementpromises described herein, youEmployee, for yourself himself and for all persons claiming byhis spouse, throughheirs, or under yourepresentatives, and assigns, does hereby absolutely, irrevocably, completely and unconditionally release and forever discharge IMARX the Released Parties and any of IMARX’s subsidiariestheir respective officers, affiliatesdirectors, successorsshareholders, assignsorganizers, owners, agents, directorsemployees and affiliated companies from any actions, officerssuits, employeesproceedings, representativesclaims, attorneys grievances, charges of discrimination or other claims filed with administrative agencies, causes of action or actions for reinstatement or damages, debts, dues, sums of money, accounts, benefits, reckonings, covenants, contracts, agreements, promises, damages, claims for damages, costs and all persons acting byexpenses, throughattorneys' fees, under or in concert with any of them (“Releasees”) of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes of action or liabilities whatsoever of every kind name and nature whatsoever based on nature, whether known or unknown, accrued or unaccrued, now existing or which may develop in the future, in law, equity, or otherwise, which Employee ever had, now has, or hereafter can, shall or may have against the Released Parties, their respective officers, directors, shareholders, organizers, owners, agents, employees or affiliated companies, individually, severally, jointly, collectively, derivatively or otherwise, for, upon or by reason of any way matter, cause or thing whatsoever, including but not limited to, any and all charges arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, of: Title VII of the Civil Rights Act of 1964, as amended; the Fair Labor Standards Age Discrimination in Employment Act, as amended; the Older Workers' Benefit Protection Act, the Rehabilitation Act of 1973; the Employee Retirement Income Security Act of 1974, as amended; the Americans With Disabilities Act, all Arizona Antidiscrimation Lawsas amended, 42 U.S.C. Sections 12101, et seq.; 42 U.S.C. -- --- Sections 1981, 1985, 1986, and 1988; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Consolidated Omnibus Reconciliation Act of 1985; the Constitution, statutes, regulations or executive orders of the United States and/or the State of South Carolina; the South Carolina Payment of Wages Act; the common law, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment contractual claims and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), both intentional and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability unintentional tort claims; and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX claim or the termination of that relationship as part of this workforce reductionaction, whether now known or unknown, suspected accrued or unsuspectedunaccrued, including future rightsnow existing or which may develop in the future, based upon which Employee ever had, now has, or hereafter can, shall or may have against the Released Parties, their respective officers, directors, shareholders, organizers, owners, agents, employees or affiliated companies, individually, severally, jointly, collectively, derivatively or otherwise, arising out of, as a consequence of, for or by reason of, resulting from, or relating in any way to the relationship and severing of this relationship between Employee, Employer and the Bank; including, but not limited to, any claims arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX Agreement or the termination of that relationship. You are not waiving efforts to form the Bank r any rights you have to be paid any compensation you are owed through your last day of employmentsubsequent bank, including any accumulated PTO you are owed, should you be owed rights as a shareholder or any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrarystock options, you are not waiving any organizer warrants, or other rights to indemnification you may have under purchase or acquire shares of common stock or other equity interests; provided, however, that this Agreement shall not in any way affect the terms right of the Indemnification Employee to seek specific enforcement of this Agreement and the terms of such agreement remain in full force and effector to xxx for a breach thereof.

Appears in 1 contract

Samples: Severance Agreement (Tidelands Bancshares Inc)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in the UK settlement agreement between the Employee and Cognizant Worldwide Limited (“CWW”) set out in Schedule One of this Agreement, you, for yourself Release and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutelyEmployee, irrevocablyindividually and for Employee’s heirs, completely successors, administrators and unconditionally assigns, agrees to release and discharge IMARX CWW, the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which he may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil New York State Human Rights Act, the Worker Adjustment and Retraining Notification Act (WARN New York City Human Rights Act), the Employee Retirement Income Security Act New York State Labor Law, the discrimination or retaliation provisions of the New York State Workers’ Compensation Law; and any federal, state or local laws of similar effect. This Release shall not apply to: the Company’s or CWW’s obligations to provide the Severance (ERISAas set out in Clause 4 of Schedule One of this Release), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX; Employee’s right to terminate its employeesindemnification under any applicable indemnification agreement with the Company, the Company’s governing documents or applicable law and all under any applicable directors’ and officers’ or other third party liability insurance policy(ies); Employee’s right to assert claims arising in any way out of your employment relationship with IMARX for workers’ compensation or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior unemployment benefits; Employee’s right to bring to the effective date attention of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity CommissionCommission (“EEOC”) claims of discrimination (provided, however, that Employee releases his right to secure any damages for alleged discriminatory treatment); any right to communicate directly with, cooperate with, or provide information to, any federal, state or local government regulator; any right to file an unfair labor practice charge under the Arizona Civil Rights Division, National Labor Relations Act (“NLRA”); Employee’s vested rights under any retirement or welfare benefit plan of the Industrial Commission Company; Employee’s rights in his capacity as an equity holder of Arizona, the United States Department of Labor, Company; or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of rights that relationship. You are may not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have waived by an employee under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and effectapplicable law.

Appears in 1 contract

Samples: General Release (Cognizant Technology Solutions Corp)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of February 8, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes or damages of action of every any kind and or nature whatsoever based on which Employee may now have, or in any way ever have, whether known or unknown, fixed or contingent, arising out of events Employee’s employment with the Company or omissions occurring prior to the effective date of this Agreement separation from employment (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, New York State Human Rights Law; the New York Labor Law (including but not limited to the Arizona Civil Rights Act, the New York State Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)all provisions prohibiting discrimination and retaliation, and all other laws prohibiting ageprovisions regulating wage and hour law); the New York State Correction Law, racethe New York State Civil Rights Law, religionSection 125 of the New York Workers' Compensation Law; the New York City Human Rights Law; the Florida Civil Rights Act (§§ 760.01 to 760.11, sexFla. Stat.); the Florida Whistleblower Protection Act ((§§ 448.101 to 448.105, sexual orientationFla. Stat.); the Florida Workers’ Compensation Retaliation provision (§§ 440.205, national originFla. Stat.); the Florida Minimum Wage Act ((§§ 448.110, colorFla. Stat.); Article X, disability and other forms Section 24 of employment discriminationthe Florida Constitution (Fla. Const. art. X, claims growing out of any legal restrictions on IMARX’s right § 24); the Florida Fair Housing Act (§§ 760.20 to terminate its employees760.37, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, Fla. Stat.); and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (Clever Leaves Holdings Inc.)

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in this Section 9(a) of the Executive Employment and Non-Disclosure, Non-Competition and Invention Assignment Agreement between the Employee and Cognizant Worldwide Limited (“CWW”) dated 12 July 2020 (the “Executive Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutely, irrevocably, completely and unconditionally Employee agrees to release and discharge IMARX CWW, the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which she may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, 29 U.S.C. § 215 et seq.; and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: General Release (Cognizant Technology Solutions Corp)

Release by Employee. As a material inducement to IMARX NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge IMARX NPS and any each of IMARXNPS’s subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them (“Releasees”) of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or termination of employmenttermination, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Lawsthe Utah Antidiscrimination Act, including but not limited to the Arizona Civil Rights ActNew Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARXNPS’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX NPS or the termination of that relationship as part of this workforce reductionrelationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Utah Antidiscrimination and Labor Division, the Industrial Commission New Jersey Division of Arizona, the United States Department of LaborCivil Rights, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX NPS or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits or workers’ compensation benefits. You also are further do not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving waive any rights to indemnification you may have under the terms of NPS’s pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Indemnification Agreement and Age Discrimination in Employment Act which may arise from events occurring after the terms date of such agreement remain in full force and effectthis Agreement.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement

Release by Employee. As a material inducement to IMARX to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of April 1, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge IMARX the Company and any of IMARXthe Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them (hereinafter the “Releasees”) of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind and any nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or facts occurring or existing prior to Employee’s execution of this Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, including contract of employment, ; breach of implied covenant of good faith and fair dealing, libel, slander, tort, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination demotion; violation of employment, public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, employment benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq; the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Arizona Civil Virginia Human Rights Act, § 2.2-3900, et seq. of the Worker Adjustment Code of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Code of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Actregulations), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with IMARX or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, ; and any other relief in any proceeding federal, state or action brought against IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission local laws of Arizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits. You also are not waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of the Indemnification Agreement and the terms of such agreement remain in full force and similar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement Except for claims related to IMARX to enter into this Agreement and in consideration for the payment Company's future performance under the terms of the amount set forth in this AgreementEmployment Agreement (the "Excluded Claims"), you, for yourself you voluntarily and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally irrevocably release and discharge IMARX the Companies, their related or affiliated entities, and any of IMARX’s subsidiaries, affiliatestheir respective predecessors, successors, and assigns, agentsand the current and former officers, directors, officersshareholders, employees, representatives, attorneys and all persons acting by, through, under or in concert with any agents of them each of the foregoing (“Releasees”) of and from any and all of which are referred to as "Releasees") generally from all charges, complaints, claims, demandspromises, chargesagreements, grievancescauses of action, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or debts that relate in any way arising out manner to your employment with or termination of events employment from the Companies, known or omissions occurring prior to the effective date of this Agreement (“Claims”). The Claims from unknown, which you are releasing have, claim to have, ever had, or ever claimed to have had against any of the Releasees herein includethrough the date on which you execute this Agreement. This general release includes, without implication of limitation, all claims for or related to wrongful or constructive discharge; breach of implied or express contract, including contract of employment, ; breach of any implied covenant of good faith and fair dealing; tortious interference with advantageous relations; intentional or negligent misrepresentation, libel, slander, tort, wrongful discharge fraud or termination of employment, deceit; infliction of emotional distress, employment and unlawful discrimination and any other claims or retaliation under the Age Discrimination in Employment Actcommon law or any statute (including, without implication of limitation, the Older Workers Benefit Protection Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards American with Disabilities Act, the Americans With Disabilities ActAge Discrimination in Employment Act or M.G.L. c.151B). Except as expressly provided in this Agreement and/or the Employment Agreement, all Arizona Antidiscrimation Lawsyou also waive any claim for reinstatement, including but not limited severance, incentive or retention pay, attorney's fees, or costs, relating to the Arizona Civil Rights Actabove waived claims. You further agree that you will not hereafter pursue any claim against any Releasee by filing a lawsuit in any local, state or federal court for or on account of anything which has occurred up to the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)present time as a result of your employment, and all other laws prohibiting ageyou shall not seek or accept reinstatement with, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out or damages of any legal restrictions on IMARX’s right to terminate its employeesnature, and all other claims arising in any way out of your employment relationship with IMARX severance, incentive or the termination of that relationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back retention pay, front payattorney's fees, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against IMARX by any other party, including without limitation costs from the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Industrial Commission of Arizona, the United States Department of Labor, Companies or any of the other administrative agency asserting any claimReleasees; provided, chargehowever, demand, grievance, that nothing in this general release shall be construed to bar or cause of action related to limit your employment relationship with IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your on-going rights, if any, to unemployment insurance benefits. You also are not waiving your rights indemnification subject to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under and in accordance with the terms of the Indemnification Agreement By-Laws of the Companies and the terms Indemnification Agreement, dated as of such agreement remain in full force November 5, 1997, by and effectamong you and Meditrust Corporation (the "Indemnification Agreement"), or as otherwise might exist under applicable law, or to enforce your rights for future performance under this Agreement and/or the Employment Agreement.

Appears in 1 contract

Samples: La Quinta Properties Inc

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