Common use of Release by Employee Clause in Contracts

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship.

Appears in 1 contract

Samples: Separation Agreement and General Release (Galena Biopharma, Inc.)

AutoNDA by SimpleDocs

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the a. Employee, for himself on his behalf and of his heirs, executorssuccessors, administrators, assigns, affiliates, successors assigns and agents (collectively, the "Employee's Affiliates") hereby fully releases, discharges and without limitation releases and forever discharges agrees to hold harmless the Company, including all of its parentsparent, affiliatessubsidiary, subsidiariesaffiliated and related organizations and entities, predecessors, successors and each as well as all of their respective agentsofficers, representativesdirectors, shareholders, owners, officersmembers, directorsattorneys, agents, employees, consultantsservants, attorneysinsurers, auditorsbenefit plans, accountantsplan administrators and their fiduciaries, investigators, successors and assigns (collectively, the "Releasees"“Released Parties”), both individually and collectivelyof, from any and against all rightsdebts, sums of money, fees, claims, charges, demands, liabilities, actions, causes of action, damagesnotes, losses, costs, expenses liabilities and compensationobligations, of whatever nature whatsoevernature, whether known or unknown, fixed liquidated, unliquidated, contingent or contingentotherwise, and whether in contract (express or implied), in tort, by statute or otherwise, which Employee ever had or now has (or hereafter may have) with respect to anything done or omitted to be done up to the Employee or any Date of the Employee's Affiliates has this Agreement and which are or may have be based upon any fact, condition, or incident occurring prior to the date of this Agreement, as well as claims which may claim arise after the date of this Agreement that are based or rely upon facts, conditions or incidents occurring before the date of this Agreement including any fact or circumstance related to have against Employee’s employment or separation of employment from the Company Releasees by reason of any matter, cause, or thing whatsoever, from (collectively the beginning oftime to the Effective Date ("“Released Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Released Claims include but are not limited to all: (i) all claims arising out of or based on: related to Employee’s employment with any Released Party, and termination of that employment, (ii) claims for compensation or benefits of any kind or amount other than the Xxxx-Xxxxx Actcompensation and benefits set forth in this Agreement, (iii) claims relating to Company employment practices or policies; the Xxxxxxxx-Xxxxx Act (iv) all claims in tort or in contract arising out of 2002any transaction or interaction between Employee and any Released Party; (v) claims under any express or implied contract; (vi) all claims arising under all provisions of California law and statutes, including but not limited to, the California Fair Employment and Housing Act, as amended; and (vii) all other claims arising under any other local, state or federal statutes, regulations or common law, including but not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under 42 U.S.C. §§ 1981 and 1985 as amended; claims under the Americans With with Disabilities Act, as amended; ERISAclaims under the Federal Age Discrimination in Employment Act of 1967, including the amendments provided by the Older Workers Benefits Protection Act, as amended; any provision claims under the Employee Retirement Income Security, as amended; claims under the Family and Medical Leave Act; wrongful and/or retaliatory termination and/or discharge of the California Labor Codeemployment claims; the California common law on fraud, misrepresentation, negligence, defamation, contract or promissory estoppel claims; intentional infliction of emotional distress claims; assault and battery claims; negligence claims; tort claims including negligence claims; personal injury claims; third-party claims; slander, libel and/or defamation claims; and/or qui tam claims law and any claims for damages or other tortequitable relief including, breach but not limited to, lost wages, physical injuries, mental anguish, loss of contract consortium, unpaid compensation, loss of earning capacity, and medical expenses. Nothing in this Agreement is intended to waive claims (i) for unemployment or covenantworkers’ compensation benefits, violation of public policy (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship(iv) which cannot be released by private agreement.

Appears in 1 contract

Samples: Severance and General Release Agreement (Nortek Inc)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself herself and his her heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's ’s Affiliates") hereby fully and without limitation releases and forever discharges the Company, its Myovant, Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of their respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee's ’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime of time to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination separation of the Employee by any of the Releasees, the Employee's ’s tenure as an employee of the Company, the Employment Agreement and any Compensation Arrangements or any other agreement or compensation or benefit arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship.the

Appears in 1 contract

Samples: Separation Agreement and General Release (Myovant Sciences Ltd.)

Release by Employee. (a) Except as otherwise expressly provided in this AgreementIn consideration of the accelerated vesting and the right to receive the Option Consideration, the EmployeeOptionee hereby irrevocably and unconditionally releases, for himself acquits, absolves and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's Affiliates") hereby fully and without limitation releases and discharges forever discharges each of the Company, its parentsParent, affiliates, subsidiaries, predecessors, successors Surviving Corporation and each all of their respective agents"affiliates" (as such term is defined in Rule 12b-2 under the Securities Exchange Act of 1934, representativesas amended (the "Exchange Act")), shareholders"control persons" (as such term is used in Section 20 of the Exchange Act), owners, subsidiaries and present and former officers, directors, employees, consultants, attorneys, auditors, accountants, investigatorsagents and representatives, successors and assigns (collectively, the "ReleaseesReleased Parties"), both individually and collectively, from any and all rights, claims, demandsactions, liabilities, actionsobligations, causes of action, damagesrights of action, demands, charges, complaints, agreements, rights to payment, rights to equitable remedies, obligations of payment or performance, losses, costs, expenses suits, proceedings, debts, judgments, dues, expenses, sums of money, express or implied contracts, agreements, promises and compensationclaims, of whatever nature whatsoever, whether known or unknown, fixed liquidated or unliquidated, absolute or contingent, direct, derivative, incidental or consequential (collectively, "Claims") which the Employee Optionee ever had, now has or hereafter may have against any of the Employee's Affiliates has Released Parties in connection with, related to, or may have arising out of, or may claim in connection with, the right to have against receive, subscribe for the purchase of or otherwise acquire, or any options to receive, subscribe for the purchase of or otherwise acquire, equity interests in or any securities of the Company Releasees by reason (and all grant and award instruments and agreements governing and evidencing the issuance of such rights or options and/or all provisions related to the issuance of such rights or options set forth in any matter, cause, other agreement) existing at or thing whatsoever, from the beginning oftime prior to the Effective Date ("Claims")Time, including, without limiting limitation, the generality Outstanding Options (and all Grant Agreements and all provisions related to the Outstanding Options set forth in any other agreements). Optionee agrees not to file or join, cooperate, induce or acquiesce in the filing or commencement of any case, cause of action, claim, litigation, proceeding or lawsuit (collectively, "Actions") asserting or alleging any matters which are the foregoing, any Claims arising out subject of, based upon, or relating which otherwise relate to the recruitmentrelease hereby made in, hiringthis Agreement. If Optionee files an Action asserting or alleging any such matter, employmenthe/she will pay for all costs incurred by the Released Parties in defending against Optionee's claims, remunerationincluding, or termination of the Employee by any of the Releaseeswithout limitation, the Employeeattorney's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee fees and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationshipexpenses.

Appears in 1 contract

Samples: Optionee] Agreement and Release (Salant Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his on behalf of Employee, Employee's heirs, executors, administrators, successors, assigns, attorneys, insurers and agents of each of the foregoing, and the respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing (collectively, "Employee Releasing Parties"), does hereby covenant not to xxx or contest, by litigation, arbitration or otherwise, and fully and forever remises, releases, discharges and acquits Employer, its present and former employees, affiliates, successors parent and subsidiary corporations, companies and divisions, the respective present and former directors, stockholders, officers, employees, attorneys and agents (collectivelyof each of the foregoing, and the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, respective predecessors, successors and assigns of each of their respective agentsthe foregoing (each, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors an "Employer Party" and assigns (collectively, collectively the "ReleaseesEmployer Parties")) for, both individually and collectivelyof, from and against any and all rightsclaims for wages (except for payment of the Severance Amount pursuant to Sections 2.2 and 2.3 hereunder), claimsbenefits, covenants, suits, actions, demands, obligations, liabilities, actionsindebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, nature and kind or description, debts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, losses, costs, expenses losses and compensationexpenses, of whatever nature whatsoeverevery type, kind, nature, description or character, whether known or unknown, fixed suspected or contingentunsuspected, which the Employee liquidated or unliquidated, committed or omitted prior to this Agreement, each as though fully set forth herein at length that in any of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising way arise out of, based uponare connected with, or relating relate to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the (i) Employee's tenure as an employee employment by Employer or any Employer Party; (ii) the cessation of the CompanyEmployee's employment; (iii) Employer's violation of any law, any agreement statute or compensation arrangement between the Employee and the Company regulation pertaining to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing ActEmployee's employment including, as amended; but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities federal Fair Labor Standards Act; ERISA; any provision of the , Age Discrimination in Employment Act, California Labor Code, any California Wage Orders, California Fair Employment and Housing Act, any regulations under the foregoing, and any and all subsequent amendments to any of the foregoing; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress (iv) Employer's or other tort, any Employer Party's breach of contract (except for a breach of this Agreement), including without limitation the employment agreements, or covenant, other violation of public policy or wrongful termination; state or federal wage and hour laws; rules pertaining to Employee's employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or any other state fringe benefit of the Employer or federal any Employer Party or workers' compensation or disability claims; and (v) any other claim, loss, damages or injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from or related in any way to any conduct of the Employer or any Employer Party during the time of employment of Employee irrespective of the nature of the conduct (collectively "Employee Released Claims"). Notwithstanding the foregoing, the claims released and discharged under Section 3.1 shall in no event include any claims by Employee for indemnification as a director, officer, employee or agent of Employer to the fullest extent permissible under contract law, rule by-laws, or regulation dealing with the employment relationshipother charter provisions.

Appears in 1 contract

Samples: Severance Agreement (Heritage Commerce Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for on behalf of himself and each of his respective past, present, and future managers, advisors, representatives, assigns and attorneys, hereby expressly releases, remises, remits, acquits and forever discharges ARTISTdirect, and each of its past, present and future predecessors in interest, successors in interest, related entities, administrators, heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, shareholders, directors, members, managers, advisors, employees, consultantsrepresentatives, licensees, subsidiaries, affiliates, agents, assigns and attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, manner of action or actions, causes of action, in law or in equity, suits, debts, liens, torts, contracts, agreements, promises, liability, claims, demands, interest, damages, charges, losses, costs, expenses and compensationand/or attorneys' fees and/or expenses, of whatever any nature whatsoever, known or unknown, anticipated or unanticipated, fixed or contingent, contingent which the Employee or any of the Employee's Affiliates has or may they now have or may claim to have against the Company Releasees hereafter have, by reason of any matter, cause, or thing whatsoever, act whatsoever from the beginning oftime inception of time to the Effective Date execution of this Agreement ("Employee Released Claims"), including, without but not limited to, any claim related to or arising out of the 1998 Agreement or the Employment Agreement or Employee's employment with ARTISTdirect or the termination thereof. The foregoing notwithstanding, this release shall not extend to claims for indemnification permitted under the General Corporation Law of the State of Delaware or ARTISTdirect's Bylaws or Certificate of Incorporation, as in effect on the date hereof, arising out of Employee's conduct prior to the Effective Date within the course and scope of his duties as a director or officer of ARTISTdirect. Without limiting the generality of the foregoing, Employee understands and agrees that he is waiving any Claims arising out ofrights he may have had, based uponnow has, or relating in the future may have, to pursue any and all remedies available to Employee under any employment-related cause of action, including without limitation, claims of wrongful discharge, wages, stock options (other than the recruitmentoptions listed above), hiringbreach of contract, employment, remuneration, or termination breach of the Employee by any covenant of good faith and fair dealing, wrongful termination in violation of public policy, defamation, interference with contract or business advantage, physical injury, emotional distress, claims under Title VII of the Releasees1964 Civil Rights Act, the Employee's tenure as an employee of the Companyamended, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, and any other state statutes relating to securities, discrimination or wrongful termination of employment or employment related claims, the Equal Pay Act of 1963, the Americans with Disabilities Act, California Labor Code Section 1197.5, the Age Discrimination in Employment Act of 1967, as amended; Title VII of , the Civil Rights Act of 19641866, as amended; the Americans With Disabilities Act; Employee Retirement Income Security Act of 1976 (ERISA; ) and any provision other laws and regulations relating to employment or the Employee's receipt of the California Labor Code; the California common law on fraudwages, misrepresentationstock, negligence, defamation, infliction of emotional distress stock options or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationshipbenefits.

Appears in 1 contract

Samples: Termination Agreement and Mutual General Release (Artistdirect Inc)

Release by Employee. If all of obligations/conditions (a), (b), (c), (d), and (e) Except from Paragraph 1 are met by the dates specified, Employee hereby releases and forever discharges the Companies as otherwise expressly provided in this Agreementwell as any parent companies, affiliates, subsidiaries, divisions, officers, directors, stockholders, employees, agents, representatives, attorneys, lessors, lessees, licensors and licensees of the EmployeeCompanies, for himself and his heirs, executors, administratorstheir respective successors, assigns, affiliatesheirs, successors executors and agents administrators (collectively, the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "ReleaseesCompanies Released Parties"), both individually and collectively, from any and all rights, claimsclaims (including attorneys' fees and costs incurred), demands, liabilitiesrights, actions, and/or causes of action, damages, losses, costs, expenses and compensation, action of whatever any kind or nature whatsoever, known or unknown, fixed or whether direct, indirect, accrued, inchoate, contingent, potential or otherwise, in statutory or common law, or in equity, which arose prior to Employee's execution of this Agreement and which Employee has ever had or now has, related directly or indirectly to Employee's Employment with the Employee Companies and/or violation by any one or any more of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason Released Parties of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims")federal and/or state civil rights laws, including, without limiting limitation, the generality federal Family and Medical Leave Act (28 U.S.C. ss. 2601 et seq.), the federal Age Discrimination in Employment Act (29 U.S.C. ss. 621 et seq.), and the federal Americans with Disabilities Act (42 U.S.C. ss. 12101 et seq.). Employee further agrees that this release applies to all agreements between Companies and Employee or between Companies. Employee further agrees not to hereafter, directly or indirectly, sue, assist in or be a voluntary party to, except as required by law, xxy suit or proceeding against any one or more of the foregoing, Company Released Parties for any Claims arising out of, based upon, or claims relating to events occurring prior to or simultaneously with the recruitmentexecution of this Agreement, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the including but not limited to Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationshipCompanies as provided for or referenced herein.

Appears in 1 contract

Samples: Settlement Agreement (Mobile Reach International Inc)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself Employee’s self and his Employee’s heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's ’s Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee's ’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime of time to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's ’s tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the Nevada Fair Employment Practices Act; California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Genetic Information Nondiscrimination Act; the Fair Labor Standards Act (FLSA), as amendedthe Family and Medical Leave Act (FMLA); the Americans With Disabilities Act; the Employee Income Security Act of 1974 (ERISA); any provision of the laws of Nevada, Maryland, Massachusetts and California governing wages and hours; the California Labor Code; the California Business and Professions Code; the Nevada, and California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Spectrum Pharmaceuticals Inc)

Release by Employee. (a) Except as otherwise expressly provided for the obligations set forth in ------------------- this Agreement, the Employee, for on behalf of himself and his heirs, executors, administrators, assigns, affiliatesrepresentatives, successors and agents (collectivelyassigns, the "Employee's Affiliates") hereby fully and without limitation completely releases and forever discharges the CompanyEmployer and each of its predecessors, its parentssuccessors, affiliatesassigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, predecessors, successors affiliates (and each of their respective agents, representatives, shareholders, ownersdirectors, officers, directors, employees, consultantsrepresentatives and attorneys of such companies), attorneysand all persons acting by, auditorsthrough, accountants, investigators, successors and assigns under or in concert with any of them (collectively, the referred to as "Employer Releasees"), both individually and collectively, from any and all rightsdemands, claimscharges, demandscomplaints, liabilities, actionsobligations, causes of actionpromises, agreements, damages, lossessuits, costs, losses, debts and expenses (including attorney's fees and compensation, costs actually incurred) of whatever nature whatsoeverany nature, known or unknownunknown (collectively, fixed or contingent, which the Employee or any of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based uponwhich Employee now has, or relating to the recruitment, hiring, employment, remunerationwhich Employee at any time had, or termination of the which Employee by at any time may have, against each or any of the Employer Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based onrelated to any act, omission, or other thing which existed or occurred on or before the date of Employee's signing of this Agreement. The Claims released under this Agreement include, but are not limited to, any rights arising out of any alleged violations of any contract or covenant, any tort, any legal restriction on the right of the Employer Releasees or any of them to terminate employees, and any federal, state or other governmental statute or regulation, including, without limitation: (1) the Xxxx-Xxxxx ActAge Discrimination in Employment Act (age discrimination in employment, including discrimination against individuals forty (40) years of age or over); the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; (2) Title VII of the Civil Rights Act of 19641964 (race, as amendedcolor, religion, sex and national origin discrimination); (3) the Americans With Disabilities ActAct (discrimination against individuals with disabilities); ERISA(4) the California Fair Employment and Housing Act (discrimination, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age discrimination); (5) any provision Claim for salary, bonus, expense reimbursement, accrued vacation and accrued sick leave; and (6) any Claim that the sale of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress Employee Shares was for inadequate or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationshipunfair consideration.

Appears in 1 contract

Samples: General Release and Settlement Agreement (Korn Ferry International)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his on behalf of Employee, Employee's heirs, executors, administrators, successors, assigns, affiliatesEmployee's attorneys, successors and agents of each of the foregoing, and the respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing (collectively, the "Employee's AffiliatesEmployee Releasing Parties") do hereby covenant not to xxx and fully and without limitation releases forever remise, release, discharge, and forever discharges the Companyacquit Employer, its parentsemployees, present and former affiliates, subsidiariesparent and subsidiary corporations, predecessorscompanies and divisions, successors the respective present and each of their respective agentsformer directors, representatives, shareholders, ownersstockholders, officers, directors, employees, consultants, attorneys, auditorsand agents of each of the foregoing, accountantsand the respective predecessors, investigatorssuccessors, successors and assigns of each of the foregoing (collectively, the "ReleaseesEmployer Parties")) of, both individually from, and collectively, from against any and all rightsclaims, claimswages, covenants, suits, actions, demands, obligations, liabilities, actionsindebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, nature and kind or description, debts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses, costs, expenses and compensationexpenses, of whatever nature whatsoeverevery type, kind, nature, description, or character, whether known or unknown, fixed suspected or contingentunsuspected, which the Employee liquidated or unliquidated, committed or omitted prior to this Agreement, each as though fully set forth herein at length that in any of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising way arise out of, based uponare connected with, or relating relate to the recruitment, hiring, employment, remuneration, or (i) Employee's employment by Employer; (ii) termination of the Employee Employee’s employment with Employer; (iii) any violation of any law, statute or regulation by any of the Releasees, the Employer pertaining to Employee's tenure as an employee of the Companyemployment including, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Actbut not limited to, as amended; Title VII of the Civil Rights Act of 19641964 and all subsequent amendments thereto, the federal Fair Labor Standards Act, Age Discrimination in Employment Act, as amended; amended by the Americans With Disabilities Act; ERISA; any provision Older Workers Benefit Protection Act of 1980, Section 1981 of Title 42 of the United States Code, California Labor Code, any California Wage Orders, California Fair Employment and Housing Act, and regulations thereunder; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, (iv) Employer's breach of contract or covenant, other violation of public policy or wrongful termination; state or federal wage and hour laws; rules by Employer pertaining to Employee's employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or any other state fringe benefit of the Employer or federal lawworkers' compensation or disability claims, rule but not including any rights under the Indemnification Agreement; and (v) any other claim, loss, damages or regulation dealing with injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from any conduct of the Employer during the time of employment relationshipof Employee irrespective of the nature of the conduct (collectively "Released Claim(s)").

Appears in 1 contract

Samples: Mutual Release Agreement (Byl Bancorp)

AutoNDA by SimpleDocs

Release by Employee. (a) Except as otherwise expressly provided in this AgreementIn consideration for the promises contained herein, the EmployeeEmployee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, successors and assigns, affiliatesthe Company and each of the Company's parent companies, successors stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and agents 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 "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Company Releasees"), both individually and collectivelyor any of them, from any and all rightscharges, complaints, claims, demandsliabilities, liabilitiesobligations, promises, agreements, controversies, damages, actions, causes of action, damagessuits, rights, demands, costs, losses, costs, debts and expenses (including attorneys' fees and compensation, costs actually incurred) of whatever any nature whatsoever, known or unknown, fixed suspected or contingentunsuspected, which the Employee including, but not limited to, claims arising directly or any indirectly out of the Employee's Affiliates has or may have or may claim to have against employment by the Company Releasees by reason of any matterCompany, cause, or thing whatsoever, from and the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee 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 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 Company, any agreement or compensation arrangement between the Employee Civil Rights Acts of 1866 and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act1871, as amended; Title VII of 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 with Disabilities ActAct of 1990; ERISA; similar Colorado laws, including 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 provision 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 California Labor Code; Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the California common law on fraudCompany 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, misrepresentation, negligence, defamation, infliction the release by the Employee in this paragraph shall not limit the right of emotional distress or other tort, breach the Employee to seek to enforce the provisions of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationshipthis Agreement.

Appears in 1 contract

Samples: Resignation Agreement and General Release (Atlas Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his on behalf of Employee, Employee’s heirs, executors, administrators, successors, assigns, attorneys, insurers and agents of each of the foregoing, and the respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing (collectively, “Employee Releasing Parties”), does hereby covenant not to xxx or contest, by litigation, arbitration or otherwise, and fully and forever remises, releases, discharges and acquits Employer and Company, their present and former employees, affiliates, successors parent and subsidiary corporations, companies and divisions, the respective present and former directors, stockholders, officers, employees, attorneys and agents (collectivelyof each of the foregoing, and the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, respective predecessors, successors and assigns of each of their respective agentsthe foregoing (each, representativesan “Employer Party” and collectively the “Employer Parties”) for, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectivelyof, from and against any and all rightsclaims for wages (except for payment of the Severance Amount pursuant to Sections 2.2 and 2.3 hereunder), claimsbenefits, covenants, suits, actions, demands, obligations, liabilities, actionsindebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, nature and kind or description, debts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, losses, costs, expenses losses and compensationexpenses, of whatever nature whatsoeverevery type, kind, nature, description or character, whether known or unknown, fixed suspected or contingentunsuspected, which the Employee liquidated or unliquidated, committed or omitted prior to this Agreement, each as though fully set forth herein at length that in any of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising way arise out of, based uponare connected with, or relating relate to (i) Employee’s employment by Employer or any Employer Party; (ii) the recruitmentcessation of Employee’s employment; (iii) Employer’s violation of any law, hiringstatute or regulation pertaining to Employee’s employment including, employmentbut not limited to, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities federal Fair Labor Standards Act; ERISA; any provision of the , Age Discrimination in Employment Act, California Labor Code, any California Wage Orders, California Fair Employment and Housing Act, any regulations under the foregoing, and any and all subsequent amendments to any of the foregoing; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress (iv) Employer’s or other tort, any Employer Party’s breach of contract (except for a breach of this Agreement), including without limitation the employment agreements, or covenant, other violation of public policy or wrongful termination; state or federal wage and hour laws; rules pertaining to Employee’s employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or any other state fringe benefit of the Employer or federal any Employer Party or workers’ compensation or disability claims; and (v) any other claim, loss, damages or injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from or related in any way to any conduct of the Employer or any Employer Party during the time of employment of Employee irrespective of the nature of the conduct (collectively “Employee Released Claims”). Notwithstanding the foregoing, the claims released and discharged under Section 3.1 shall in no event include any claims by Employee for indemnification as a director, officer, employee or agent of Employer to the fullest extent permissible under contract law, rule by-laws, or regulation dealing with the employment relationshipother charter provisions.

Appears in 1 contract

Samples: Severance Agreement (Heritage Commerce Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself on Employee’s own behalf and his on behalf of Employee’s descendants, dependents, heirs, executors, administrators, assignsassigns and successors, affiliatesand each of them, successors hereby acknowledges full and agents (collectively, the "Employee's Affiliates") hereby fully complete satisfaction of and without limitation releases and forever discharges and covenants not to xxx the Company, its parents, affiliatesdivisions, subsidiaries, predecessorsparents, successors or affiliated corporations, past and present, and each of them, as well as its and their respective agentsassignees, successors, directors, officers, members, stockholders, partners, representatives, shareholdersattorneys, owners, officers, directors, agents or employees, consultantspast or present, attorneys, auditors, accountants, investigators, successors and assigns or any of them (collectively, the "Releasees"), both individually and collectively, “Releasees”), from and with respect to any and all rights, claims, demandsagreements, liabilitiesobligations, actions, demands and causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed suspected or contingentunsuspected, which the Employee arising out of or in any way connected with Employee’s employment or any other relationship with or interest in the Company or the termination thereof, including without limiting the generality of the Employee's Affiliates has foregoing, any claim for profit sharing, bonus or may have similar benefit, pension, retirement, life insurance, health or may claim to have against the Company Releasees by reason of medical insurance or any matter, causeother fringe benefit, or thing whatsoeverdisability, or any other claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected resulting from any act or omission by or on the beginning oftime part of Releasees committed or omitted prior to the Effective Date ("Claims")date of this Agreement set forth below, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; claim under Title VII of the Civil Rights Act of 1964, as amended; the Americans With with Disabilities Act; ERISA; any provision of , the Family and Medical Leave Act, the California Labor Code; Fair Employment and Housing Act, the California common law on fraudFamily Rights Act, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other federal, state or federal local law, rule regulation or regulation dealing with ordinance (collectively, the employment relationship“Claims”); provided, that this release does not cover any Claim that cannot be so released as a matter of applicable law.

Appears in 1 contract

Samples: Severance and General Release Agreement (International Rectifier Corp /De/)

Release by Employee. (a) Except as otherwise expressly provided in for those obligations of EMCORE Corporation, a New Jersey corporation (“Employer”) created by or arising out of this General Release Agreement (this “Release”) and the Separation and General Release Agreement entered into between Employer and Xxxxx Xxx (“Employee”) on December 4, 2018 (the “Separation Agreement”), the Employee, for himself Employee hereby acknowledges full and his heirs, executors, administrators, assigns, affiliates, successors complete satisfaction of and agents (collectively, the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the Companyand covenants not to xxx Employer and each of its affiliated entities, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agentsdirectors, managers, officers, members, shareholders, representatives, shareholdersassignees, ownersand successors, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors past and assigns present (collectively, the "Releasees"), both individually from and collectively, from with respect to any and all rights, claims, demandswages, liabilitiesagreements, actionsobligations, demands and causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed suspected or contingentunsuspected, which the by Employee arising out of or in any way connected with Employee’s employment relationship with Employer, or Employee’s separation from employment with Employer, or any other transactions, occurrences, losses, damages or injuries, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of the Employee's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, committed or omitted prior to the date that Employee signs this Release, whether based on contract, tort, or any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee's tenure , (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as an employee a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the CompanyReleasees in any court, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Actagency, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or forum with regard to any other state or federal law, rule or regulation dealing with the employment relationshipClaims.

Appears in 1 contract

Samples: Separation and General Release Agreement (Emcore Corp)

Release by Employee. (a) Except as otherwise expressly provided in this AgreementEmployee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, the Employee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectivelyassigns, the "Employee's Affiliates") hereby fully and without limitation releases and forever discharges the CompanyEmployer, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representativesEmployer's employees, shareholders, owners, officers, directors, employees, consultantsagents, attorneys, auditorsinsurance carriers, accountantsparents, investigatorssubsidiaries, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors and assigns of all of the foregoing (collectively, the collectively referred to hereinafter as "ReleaseesReleased Parties"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, lossesliabilities, costsattorneys' fees, expenses and compensation, costs of whatever any nature whatsoever, known or unknown, fixed or contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which the Employee or any of the Employee's Affiliates had, now has or may have or may claim to have had as of the Effective Date against the Company Releasees Released Parties (whether directly or 5171051_11 Employee Initials PD indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause, cause or thing whatsoever, from the beginning oftime to the Effective Date ("Claims")thing, including, without limiting the generality of the foregoing, any Claims arising out ofclaims, based upondemands, or causes of action, obligations, charges, damages, liabilities, attorneys' fees and costs relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of any alleged violation of any contracts, express or based onimplied, any covenant of good faith and fair dealing, express or implied, or a tort, or any legal restrictions on any of employer's right to terminate employees, or any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans With with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Worker Adjustment and Retraining Notification Act, including but not limited to any state version thereof; the Civil Rights Act of 1991; the Fair Credit Reporting Act; ERISA; any provision of the California Labor CodeOlder Workers Benefit Protection Act; the California common law on fraudArizona Employment Protection Act, misrepresentationthe Arizona Civil Rights Act, negligenceA.R.S. §§ 23-353, defamation23-355, infliction of emotional distress or other tort23-356, breach of contract or covenant, violation of public policy or wrongful terminationto the extent releasable under the law; state or federal wage and hour laws; or and/or any other federal, state, city or local anti-discrimination and/or anti-harassment acts, leave laws, state wage acts and non-interference or federal lawnon-retaliation statutes, rule or regulation dealing with the employment relationshipregulations, and all other claims.

Appears in 1 contract

Samples: Severance Agreement and General Release (Viad Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Employee's ’s Affiliates") hereby fully and without limitation releases and forever discharges the Company, its Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of their respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee's ’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning oftime of time to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination separation of the Employee by any of the Releasees, the Employee's ’s tenure as an employee of the Company, the Employment Agreement and any Compensation Arrangements or any other agreement or compensation or benefit arrangement between the Employee and the Company and the provisions of Section 6 of this Agreement, in each case to the maximum extent permitted by law. The In addition, the Employee specifically and expressly expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based on: the XxxxDodd-Fraxx Xxx; xxe Sarbanes-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of Xxx xx 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship.the

Appears in 1 contract

Samples: Separation Agreement and General Release (Myovant Sciences Ltd.)

Time is Money Join Law Insider Premium to draft better contracts faster.