Common use of Release by the Employee Clause in Contracts

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, and if all payments hereunder are made when due, in consideration for the agreements contained herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company or any related entity 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 the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employment Agreement, which the Employee 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 under the Employment Agreement, claims for workers' compensation, 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, or the California Fair Employment and Housing Act (collectively, the "Claims"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this paragraph or with respect to any of the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.

Release by the Employee. Except as to any claims arising out In consideration of rights provided under the Company entering into this Agreement, and if all payments hereunder are made when duethe Employee, in consideration for the agreements contained herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for on behalf of himself and his heirs, executors, administrators, agents, successors and assigns, the Company or any related entity 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 assigns (collectively, the "Company ReleaseesReleasing 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 themthe foregoing (collectively, the "Released Company Parties"), from any and all chargesclaim, complaintscharge, claimsaction or cause of action any of the Releasing Employee Parties may have against any of the Released Company Parties, 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, whether known or unknown, suspected from the beginning of time through the Effective Date based upon any matter, cause or unsuspected, thing whatsoever related to or arising directly or indirectly out of the Employee's employment by the Company, his separation from employment with the Company, 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 Employment Agreementforegoing, which that Executive currently has or may in the Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, future have under any of the following: claims the Certificate of Incorporation or By-Laws of the Company, under the Employment Agreement, claims for workers' compensation, 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 classificationsany applicable insurance policy, or claims under that certain Indemnity Agreement dated as of September 13, 2000 between Executive and 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, or the California Fair Employment and Housing Act Company (collectively, the "ClaimsIndemnity Agreement"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in In addition, this paragraph or with respect to any of the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit extend to or discharge (i) the Employee's right of the Employee to seek to enforce the provisions terms and conditions of this Agreement, including without limitation or (ii) any rights or claims that might arise after the provisions Effective Date, or (iii) the Employee's right to enforce the terms and conditions of Paragraph 8 belowthe 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. Except as to any claims arising out of rights provided under this AgreementThe Employee hereby releases and forever discharges, and if all payments hereunder are made when due, in consideration for the agreements contained hereincovenants not to xxx, the Employee hereby irrevocably and unconditionally releasesCompany or its subsidiaries, acquits and forever discharges for himself and his heirsaffiliates, executorstheir directors, administratorsmembers, officers, employees, agents, stockholders, successors and assigns, both individually and in their official capacities, (together, the “Company or any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisionsReleased Parties”) from, and subsidiarieswith respect to, 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, suitscovenants, rightscontracts, claims, demands, costssuits, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature 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, suspected or unsuspectedup and until the effective date of this Release. This includes, arising directly or indirectly out of the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employment Agreement, which the Employee 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 under the Employment Agreementbut is not limited to, claims for workers' compensation, claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination based 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 19911866, the Age Discrimination in Employment Act of 19671967 (including the Older Workers Benefit Protection Act) (the “ADEA”), as amendedthe 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 19741974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), as amended, and all applicable amendments to the Americans with Disabilities Act of 1990, the Family Medical foregoing acts and Leave Actlaws, 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 California Fair Employment terms and Housing Act (collectively, conditions of the "Claims")Employee’s employment and the cessation thereof. The Employee hereby agrees further agrees, promises and covenants that, to forego 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 under the Separation Agreement or under the Older Workers Benefit Protection Act to have a judicial determination of the validity of this Release and does not purport to limit any right the Employee may have to file a charge under the ADEA or other civil rights statute or to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or other investigative agency. This Release does, however, waive and release any right to file any charges or complaints with any governmental agencies recover damages under the ADEA or any legal action against other civil rights statute. Notwithstanding anything to the contrary contained in this Release, nothing in this Section 1 shall apply to, or release the Company Releasees under or any of Company Released Party from, or prevent the laws referenced in this paragraph or Employee from suing with respect to to, any of the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right rights and claims of the Employee directly or indirectly arising from or under or related to seek to enforce any obligation or commitment of the provisions of this Company under the Separation Agreement, including without limitation any rights the provisions Employee has as a Company shareholder or his rights to be indemnified and/or advanced expenses under the corporate documents of Paragraph 8 belowthe Company and any affiliate or, if greater, under applicable law and to be covered under any applicable directors’ and officers’ insurance policies.

Release by the Employee. Except as to any claims arising out of rights provided under this AgreementThe Employee hereby releases and forever discharges, and if all payments hereunder are made when due, in consideration for the agreements contained hereincovenants not to xxx, the Employee hereby irrevocably and unconditionally releasesCompany or its subsidiaries, acquits and forever discharges for himself and his heirsaffiliates, executorstheir directors, administratorsmembers, officers, agents, stockholders, successors and assigns, both individually and in their official capacities, (the “Company or any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisionsReleased Parties”) from, and subsidiarieswith respect to, 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, suitscovenants, rightscontracts, claims, demands, costssuits, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature 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, suspected or unsuspectedup and until the effective date of this Release. This includes, arising directly or indirectly out of the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employment Agreement, which the Employee 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 under the Employment Agreementbut is not limited to, claims for workers' compensation, claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination based 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 19911866, the Age Discrimination in Employment Act of 19671967 (including the Older Workers Benefit Protection Act) (the “ADEA”), as amendedthe 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 19741974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), as amended, and all applicable amendments to the Americans with Disabilities Act of 1990, the Family Medical foregoing acts and Leave Actlaws, 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 California Fair Employment terms and Housing Act (collectively, conditions of the "Claims")Employee’s employment and the cessation thereof. The Employee hereby agrees further agrees, promises and covenants that, to forego 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 under the Separation Agreement or under the Older Workers Benefit Protection Act to have a judicial determination of the validity of this Release and does not purport to limit any right the Employee may have to file a charge under the ADEA or other civil rights statute or to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or other investigative agency. This Release does, however, waive and release any right to file any charges or complaints with any governmental agencies recover damages under the ADEA or any legal action against other civil rights statute. Notwithstanding anything to the contrary contained in this Release, nothing in this Section 1 shall apply to, or release the Company Releasees under from, any of the laws referenced in this paragraph or with respect to any of the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right rights and claims of the Employee directly or indirectly arising from or under or related to seek to enforce any obligation or commitment of the provisions of this Company under the Separation Agreement, including without limitation the provisions of Paragraph 8 below.

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, and if all payments hereunder are made when due, in consideration for of the agreements contained hereinset forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreement, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company or and any related entity 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, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employment Agreement, 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 under the Employment Agreement, claims for workers' compensation, 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, or the California Fair Employment and Housing Act (collectively, the "Claims"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under comparable law of any of the laws referenced in this paragraph or with respect to any of the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 belowother State.