Release by the Employee. In consideration of the mutual promises contained herein, the Employee hereby releases and forever discharges the Company, its past and present affiliates and its and their past and present security holders, directors, officers, representatives, agents, employees, attorneys, employee benefit plans and their fiduciaries, and their successors (all collectively referred to hereinafter as the "Released Parties"), from any and all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities (all hereinafter referred to as a "Claim"), known or unknown, matured or unmatured, fixed or contingent, that he ever had, now has or may hereafter claim to have against the Released Parties arising directly or indirectly out of, or in any way connected with or based upon, or related in any way to, his employment by the Company, or his termination of employment with the Company, including, but not limited to, any Claim under local, state or federal law based on a claim of discrimination on the basis of age, race, color, religion, creed, sex, sexual harassment, sexual orientation, marital status, national origin, ancestry, present or past history of physical or mental disability or handicap, learning disability or veterans status, or based upon any other status or category protected under law, infliction or commitment of any tort, including wrongful termination of employment, and breach of contract, whether actual or implied or whether written or oral, and any associated attorneys' fees and expenses, in any case, through the date hereof. This waiver specifically refers to rights or Claims arising under the Federal Age Discrimination in Employment Act, 29 U.S. Code ss. 626(f). Other than Claims which may arise or accrue out of the subject matter of the Claims released above, the Employee does not waive rights or Claims against the Released Parties that may arise after the date hereof. The Employee waives rights or Claims in exchange for the consideration referred to in the Agreement (the "Benefits"), which consideration is in addition to anything of value from the Company to which the Employee already is entitled.
Release by the Employee. In consideration of the grant of the Option, the receipt and sufficiency of which are acknowledged, the Employee together with his or her predecessors, successors, heirs, administrators, executors, personal representatives, attorneys and assigns (collectively the “Employee Releasors”) hereby releases, remises, waives and forever discharges Generex and its predecessors, successors, affiliates, subsidiaries, officers, directors, employees, attorneys, contractors, consultants and their respective heirs, administrators, personal representatives, executors, attorneys and assigns (collectively the “Generex Releasees”), from and against all claims, demands, causes of action, contracts, agreements, liabilities, costs, fees, expenses, actions, agreements, payments, and accounts of every nature and kind, both known and unknown, either at law or in equity, that the Employee Releasors now have, ever has had, or may have had up to and until the date this Agreement is executed by the Parties, whether at law or in equity, arising out of or related to the Deferred Amount and any amounts claimed to be due and owing in relation thereto. Notwithstanding the foregoing, nothing in this Agreement shall be construed as releasing the Generex Releasees from any obligations expressly set forth in this Agreement.
Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, KENETECH Corporation and any related entity (other than KENETECH Windpower, Inc. and its subsidiaries) and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, arising directly or indirectly out of any interactions between the Employee or his heirs, executors, administrators, agents, successors or assigns, and the Company Releasees from the beginning of time to the present, including but not limited to any matter arising out of the Employment Agreement, the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employee's employment, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, 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, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of any other State (collectively, the "Employee Claims"). The Employee hereby agrees to forego ...
Release by the Employee. The Employee hereby releases and forever discharges, and covenants not to xxx, the Company or its subsidiaries, affiliates, their directors, members, officers, agents, stockholders, successors and assigns, both individually and in their official capacities, (the “Company Released Parties”) from, and with respect to, any and all actions, causes of action, covenants, contracts, claims, demands, suits, and liabilities whatsoever, which the Employee ever had, now has or which his heirs, executors, administrators and assigns, or any of them hereafter can, shall or may have by reason of or related to the Employee’s employment with, or termination of employment from, the Company and/or its subsidiaries and affiliates. By signing this Release, the Employee is providing a complete waiver of all claims against the Company Released Parties that may have arisen, whether known or unknown, up and until the effective date of this Release. This includes, but is not limited to, claims based on Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act) (the “ADEA”), the Americans With Disabilities Act, the Fair Labor Standards Act, the Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), and all applicable amendments to the foregoing acts and laws, or any common law, public policy, contract (whether oral or written, express or implied) or tort law, and any other local, state or Federal law, regulation or ordinance having any bearing whatsoever on the terms and conditions of the Employee’s employment and the cessation thereof. The Employee further agrees, promises and covenants that, to the maximum extent permitted by law neither, he, nor any person, organization, or other entity acting on his behalf has or will file, charge, claim, xxx, or cause or permit to be filed, charged or claimed, any action for damages or other relief (including injunctive, declaratory, monetary or other relief) against the Company Released Parties involving any matter occurring in the past up to the date of this Release, or involving or based upon any claims, demands, causes of action, obligations, damages or liabilities which are the subject of this Release. This Release shall not affect the Employee’s rights unde...
Release by the Employee. In consideration of the Company entering into this Agreement, the Employee, on behalf of himself and his heirs, executors, administrators, successors and assigns (collectively, the "Releasing Employee Parties"), knowingly and voluntarily releases and discharges the Company, each of its subsidiaries and affiliates, their respective current and former officers, employees, agents and directors, and any successor or assign of any of the foregoing (collectively, the "Released Company Parties"), from any claim, charge, action or cause of action any of the Releasing Employee Parties may have against any of the Released Company Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any matter, cause or thing whatsoever related to or arising out of the Employee's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge any rights to or claims for indemnification, including associated expenses and attorneys fees and the advancement of either of the foregoing, that Executive currently has or may in the future have under any of the following: the Certificate of Incorporation or By-Laws of the Company, under any applicable insurance policy, or under that certain Indemnity Agreement dated as of September 13, 2000 between Executive and the Company (the "Indemnity Agreement"). In addition, this release shall not extend to or discharge (i) the Employee's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Employee's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Employee's right to enforce the terms and conditions of the Indemnity Agreement or the Company's Certificate of Incorporation or its Bylaws, all of which rights shall be preserved. The Employee represents and warrants that he currently knows of no basis for any claims against the Company, and that neither he nor anyone acting on his behalf has filed any claim, action, suit, complaint or proceeding against the Company in any agency, court or other forum or tribunal.
Release by the Employee. The Employee hereby acknowledges that, on February 18, 1997, the Board of Directors of the Company elected the Employee to the executive office of Vice President - Business Solutions and that such position was, and is, at least commensurate with the office of Director BSD Division. In connection therewith, and except for the obligations expressly arising hereunder, the Employee hereby fully, irrevocably and unconditionally releases and discharges the Company, its agents, officers, employees, shareholders, directors, successors and assigns from any and all manner of claims, complaints, demands, causes of action, obligations, liabilities, costs, expenses (including attorneys' fees and costs) and damages, of every kind, either at law or in equity, arising from his employment with the Company prior to the Effective Date.
Release by the Employee. (a) In accordance with Section 5 of the Employment Agreement and except as otherwise provided in Sections 4(c) and 4(d) below, in consideration for the promises contained therein and herein, the Employee hereby releases and forever discharges Versar from, and agrees not to xxx or join in any suit against Versar for, any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causes of action, suits or expenses of any kind or nature whatsoever, known or unknown, foreseen or unforeseen (collectively, “Claims”), of the following types:
Release by the Employee. The Employee hereby fully, forever, irrevocably and unconditionally releases, remises and discharges the Company, its officers, directors, stockholders, corporate affiliates, agents and employees (each in their individual and corporate capacities) (hereinafter the “Released Parties”) from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, and expenses (including attorneys’ fees and costs), of every kind and nature which he ever had or now has against the Company, its officers, directors, stockholders, corporate affiliates, agents and employees in such capacities, including, but not limited to, all claims arising out of his employment, all employment discrimination claims under Title VII of the Civil Rights Act of 1964,42 U.S.C. §2000e et seq., the Age Discrimination in Xxxxxxxxxx Xxx, 00 X.X.X., §000 et seq., the Americans With Disabilities Act, 42 X.X.X., §00000 et seq., the Massachusetts Fair Employment Practices Act, M.G.L. c.151 B, § 1 et seq., all claims arising out of the Massachusetts Civil Rights Act, M.G.L. c.12 §§11H and 11I, the Massachusetts Equal Rights Act, c.93 §102 and 103 and M.G.L. c.214, §1C , all damages arising out of all employment discrimination claims, wrongful discharge claims or other common law claims and damages including but not limited to, actions in tort, defamation and breach of contract; all claims to any non-vested ownership interest in the Company contractual or otherwise, including but not limited to claims to stock or stock options, except as described in Section 5.4, and any claim or damage arising out of your employment with or separation from the Company (including a claim for retaliation) under any common law theory or any federal. State or local statute or ordinance not expressly referenced above; provided however that nothing in this Agreement prevents you from filing, cooperating with or participating in any proceeding before the EEOC or a state Fair Employment Practices Agency (except that you acknowledge that you may not be able to recover any monetary benefits in connection with any such claim, charge or proceeding). Notwithstanding the foregoing, this release does not include and will not preclude: (a) claims for unemployment compensation; (b) rights, if any, to defense and indemnification from the Company for ...
Release by the Employee. (i) The Employee knowingly and voluntarily releases and forever discharges the Company and the Company's parents, subsidiaries and affiliates, together with all of their respective past and present directors, managers, officers, partners, employees and attorneys, and each of their predecessors, successors and assigns, and any of the foregoing in their capacity as a shareholder or agent of the Company (collectively, "Releasees") from any and all claims, charges, complaints, promises, agreements, controversies, liens, demands, causes of action, obligations, damages and liabilities of any nature whatsoever, known or unknown, suspected or unsuspected, which against them the Employee or her executors, administrators, successors or assigns ever had, now have, or may hereafter claim to have against any of the Releasees by reason of any matter, cause or thing whatsoever arising on or before the Separation Date and whether or not previously asserted before any state or federal court or before any state or federal agency or governmental entity (the "Release"). The Release includes, without limitation, any rights or claims relating in any way to the Employee's employment relationship with the Company or any of the Releasees, or the termination thereof, or arising under any statute or regulation, including the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, and the Family Medical Leave Act of 1993, each as amended, or any other federal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding or promise, whether written or oral, formal or informal, between any of the Releasees and the Employee.
Release by the Employee a. As additional consideration for the benefits listed herein, the Employee releases and discharges the Employer, its officers, agents, employees, subsidiaries, and successors, from all claims of any kind, which the Employee, or the Employee’s agents, executors, heirs, or assigns ever had or now have, whether known or unknown, up to and including the date this Agreement is signed. This release includes, but is not limited to, the following: any action or cause of action asserted or which could have been asserted under the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights Act of 1964, all federal, state and/or local statutes related to discrimination, harassment, the Employee Retirement Income Security Act, the Americans With Disabilities Act, the Family Medical Leave Act; claims for wrongful discharge, unjust dismissal, or constructive discharge; claims for breach of any alleged oral, written or implied contract of employment; claims for salary or severance payments not provided by this Agreement; claims for benefits; claims for attorneys fees; and any other claims under any federal, state or local statute, law, rule or regulation. Employee understands that this Agreement does not constitute an admission by Employer of any: (i) liability; (ii) violation of any federal, state, or local law, regulation, order, or other requirement of law; (iii) breach of contract, actual or implied; (iv) commission of any tort; or (v) other civil wrong.
