Release by Xx. Xxxxxxx. You voluntarily and irrevocably release and discharge the Companies, their related or affiliated entities, and their respective predecessors, successors, and assigns, and the current and former officers, directors, shareholders, employees, and agents of each of the foregoing (any and all of which are referred to as "Releasees") generally from all charges, complaints, claims, promises, agreements, causes of action, damages, and debts that relate in any manner to your employment with or services for the Companies, known or unknown ("Claims"), which you have, claim to have, ever had, or ever claimed to have had against any of the Releasees through the date on which you execute this Agreement. This general release of Claims includes, without implication of limitation, all Claims related to the compensation provided to you by the Companies, your resignation from your employment with Wyndham, your resignation from all offices and other positions with the Companies, or your activities on behalf of the Companies, including, without implication of limitation, any Claims of wrongful or constructive discharge, breach of contract, breach of an implied covenant of good faith and fair dealing, tortious interference with advantageous relations, intentional or negligent misrepresentation, and unlawful discrimination under the common law or any statute (including, without implication of limitation, the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Age Discrimination in Employment Act, Tex. Lab. Code (S)(S) 21.001, et seq., and Tex. Hum. Res. Code (S)(S) 121.001, et seq.). You also waive any Claim for reinstatement, severance pay, attorney's fees, or costs. You agree that you will not hereafter pursue any Claim against any Releasee, by filing a lawsuit in any local, state or federal court for or on account of anything which has occurred up to the present time as a result of your previous employment, and you shall not seek reinstatement with, or damages of any nature, severance pay, attorney's fees, or costs from, Wyndham, the Companies or any of the other Releasees; provided, however, that nothing in this general release shall be construed to bar or limit your rights, if any, to indemnification subject to and in accordance with the terms of the By-Laws of Wyndham or to enforce your rights under this Agreement.
Release by Xx. Xxxxxxx. In exchange for the consideration set forth herein and in the Agreement to which this Additional Release of Claims (the “Additional Release”) is attached as Attachment A, which Xx. Xxxxxxx acknowledges she would not otherwise be entitled to receive, Xx. Xxxxxxx hereby fully, forever, irrevocably and unconditionally releases, remises and discharges the Company, its affiliates, subsidiaries, parent companies, predecessors, and successors, and all of its and their respective past and present officers, directors, stockholders, investors, partners, members, managers, employees, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the “Released Parties”) from any and all claims, 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 that she ever had or now has against any or all of the Released Parties, whether known or unknown, including, but not limited to, any and all claims arising out of or relating to her employment with and/or separation from the Company, including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. § 2101 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., Executive Order 11246, Executive Order 11141, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., all as amended; all claims arising out of the Massachusetts Fair Employment Practices Act, Mass. Gen. Laws ch. 151B, § 1 et seq., the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, § 148 et seq. (Massachusetts law regarding payment of wages and overtime), the Massachusetts Civil Rights Act, Mass. Gen. Laws ch. 12, §§ 11H and 11I, the Massachusetts Equal Rights Act, Mass. Gen. Laws. ch. 93, § 102 and Mass. Gen. Laws ch. 214, § 1C...
Release by Xx. Xxxx. As a material inducement to the Company to enter into this Agreement, Xx. Xxxx hereby irrevocably and unconditionally releases, acquits and forever discharges the Company and each of the Company's past, present and future owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries and affiliates (and all past, present and future owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively, "Company Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any charges, complaints, claims, liabilities, obligations, controversies and expenses arising out of alleged violations of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, any obligation for compensation, lost wages, lost benefits, accrued vacation pay, or any other expectation of remuneration or benefit on the part of Xx. Xxxx, including but not limited to, any defamation, intentional or negligent infliction of emotional distress, or any other tort, or any legal restrictions on the Company's right to terminate employees, or any federal state or other governmental statute, regulation, or ordinance (including, without limitation: (i) Title VII of the Civil Rights Act of 1964 (race, color, religion, sex and national origin discrimination); (ii) 42 U.S.C. (P) 1981 (discrimination); (iii) 29 U.S.C. (P) 206(d)(1) (equal pay); (iv) the California Fair Employment and Housing Act (discrimination, including race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age); (v) the California Workers' Compensation Act; (vi) the California Labor Code; (vii) Executive Order 11246 (race, color, religion, sex and national origin discrimination); (viii) Executive Order 11141 (age discrimination); (ix) (P) 503 and (P) 504 of the Rehabilitation Act of 1973 (disability discrimination); (x) the Employee Retirement Income Security Act (employee benefits); (xi) the Fair Labor Standards Act; (xii) the Americans with D...
Release by Xx. Xxxx Xxxxxx. Xx. Xxxx Xxxxxx does hereby fully and forever surrender, release, acquit and discharge the Xxxxx Savings Entities, and their respective principals, stockholders, directors, officers, agents, administrators, insurers, subsidiaries, affiliates, employees and employee benefit plans or programs (and the trustees, administrators, fiduciaries and insurers of such plans or programs), successors, assigns, related entities, and legal representatives, personally and in their representative capacities, and each of them (collectively, “Xxxx Xxxxxx Released Parties”), of and from any and all claims for cost of attorneys’ fees, expenses, compensation, and all losses, demands and damage of whatsoever nature or kind in law or in equity, whether known or unknown, including without limitation those claims arising out of, under, or by reason of Xx. Xxxx Xxxxxx’s employment with the Xxxxx Savings Entities, Xx. Xxxx Xxxxxx’s relationship with the Xxxxx Savings Entities and/or the termination of Xx. Xxxx Xxxxxx’s employment relationship and any and all claims which were or could have been asserted in any charge, complaint, or related lawsuit. Without limiting the generality of the foregoing, Xx. Xxxx Xxxxxx specifically releases and discharges, but not by way of limitation, any obligation, claim, demand or cause of action based on, or arising out of, any alleged wrongful termination, breach of employment contract, breach of implied covenants of good faith and fair dealing, defamation, fraud, promissory estoppel, intentional or negligent infliction of emotional distress, discrimination based on age, pain and suffering, personal injury, punitive damages, and any and all claims arising from any alleged violation by the Xxxx Xxxxxx Released Parties of any federal, state, or local statutes, ordinances or common laws, including but not limited to the Ohio Civil Rights Act, including all provisions of the Ohio Revised Code concerning discrimination, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act and the Employee Retirement Income Security Act of 1974. This release of Xx. Xxxx Xxxxxx’s rights is knowing and voluntary. Notwithstanding the foregoing to the contrary the Xxxxx Savings Entities acknowledge that Xx. Xxxx Xxxxxx does not release herein the following: i) any rights or claims which may arise after the Effective Date of this Agreement; ii) any rights he has under this Agreemen...
Release by Xx. Xxxxx. In consideration of the compensation provided for in this Agreement, Xx. Xxxxx, for herself and her heirs and assigns, and for any other person acting by or through Xx. Xxxxx, hereby releases United Fire, its subsidiaries, divisions, predecessors, affiliates, successors and assigns, and their past and present directors, officers, employees and agents from any and all claims, known or unknown, arising in any manner whatsoever from, or in any way related to Xx. Xxxxx’ employment with United Fire, including but not limited to claims arising under Title VII of the Civil Rights Act of 1964, the Iowa Civil Rights Act, and federal or state common law or statutory claims for wrongful termination, wage claims of any nature (including without limitation any claims for earned wages, vacation pay, sick pay or bonus), expenses owed, tort, breach of contract, defamation, retaliation, and any other law, order or regulation pertaining to employment or discrimination in employment, and to the extent permitted by law, agrees not to institute any actions, demands, claims or suits in state or federal court, or with any state, federal or local governmental agency or with any administrative or advisory agency for any claim available at the time of the execution of this Agreement, related in any way to her employment with United Fire. Xx. Xxxxx acknowledges that the additional compensation being provided by this Agreement is expressly conditioned upon Xx. Xxxxx’ execution of this Agreement. Notwithstanding the foregoing, this Agreement does not release: (i) any claims for breach of this Agreement; (ii) any claims that Xx. Xxxxx may have for vested benefits or continuation of benefits under COBRA under any United Fire employee benefit plans; (iii) any claims or rights under any equity incentive plans; and (iv) any claims or rights to indemnification, including any rights Xx. Xxxxx may have under directors’ and officers’ insurance policies and rights or claims of contribution or advances and expenses to which Xx. Xxxxx is entitled in her capacity as an officer of United Fire under its Bylaws or otherwise.
Release by Xx. Xxxxxxxx. Xx. Xxxxxxxx acknowledges that the payments and benefits provided in paragraphs 2 and 3 of this Agreement are greater than any to which he may have otherwise been entitled under any existing Company separation, benefit or compensation policy. In consideration of the foregoing, Xx. Xxxxxxxx hereby releases and forever discharges GTECH, its present and former directors, officers, employees, agents, subsidiaries, shareholders, successors and assigns from any and all liabilities, causes of action, debts, claims and demands (including without limitation claims and demands for monetary payment) both in law and in equity, known or unknown, fixed or contingent, which he may have or claim to have based upon or in any way related to employment (as an officer, director or employee), rights or entitlements related thereto or termination of such employment by GTECH and hereby covenants not to file a lawsuit, judicial action or court complaint to assert such claims. This includes but is not limited to claims of breach of contract and wrongful termination and claims arising under the federal Age Discrimination in Employment Act of 1967, as amended, and any other federal, state or local laws prohibiting employment discrimination, or claims growing out of any legal restrictions on GTECH's right to terminate its employees. This Release does not limit Xx. Xxxxxxxx'x right to file, cooperate with or participate in an age discrimination proceeding before a state or federal fair employment practices agency provided Xx. Xxxxxxxx does not recover any monetary benefits in such proceeding.
Release by Xx. Xxxxxxx. Effective as of the date hereof, Xx. Xxxxxxx, on behalf of himself and his heirs, executors, assigns, affiliates, representatives and agents (the “Xxxxxxx Parties”), hereby irrevocably releases, acquits, and forever discharges the Company and the Company Parties from any and all Claims that Xx. Xxxxxxx or any of the Xxxxxxx Parties may have as of the date hereof against the Company or any of the Company Parties, as well as any and all Claims resulting from an act which has been taken, or a failure to act which has occurred, on or before the date hereof, in respect of his employment with or separation from the Company (collectively, the “Released Claims”). The Released Claims shall include without limitation any and all claims, demands and causes of action under federal, state or local law, including without limitation, Claims under: • the Civil Rights Acts of 1866 and 1964, as amended, 42 U.S.C. §§ 1981 and 2000(e) et seq.; • the Civil Rights Act of 1991; • the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; • the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12,101 et seq.; • the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; • the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; • the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.; • the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq.; • the California Fair Employment and Housing Act, as amended, Cal. Gov’t Code § 12900 et seq.; • the California Labor Code; • the California Family Rights Act of 1993, Cal. Gov’t Code § 12945.1 et seq.; • the California Equal Pay Law, Cal. Lab. Code § 1197.5; • the Xxxxx Civil Rights Act, Cal. Civ. Code § 51 et seq.; or • any other federal, state or local laws, regulations and ordinances governing discrimination in employment.
Release by Xx. Xxxxxxx. Xx. Xxxxxxx, for himself, his heirs, executors, administrators and assigns, hereby freely relinquishes and waives any claims and all possible claims of any kind whatsoever that Xx. Xxxxxxx ever had, now has or may have hereafter against the Company, its subsidiaries and affiliates, and its and their successors, assigns, employees, agents, officers, directors and stockholders (the "Releasees") which may have arisen or relate to any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter whatsoever, through the date of his signing of this Agreement, provided that Xx. Xxxxxxx does not waive any claims created by the Company's breach of this Agreement. The terms "claims and all possible claims" includes, but is not limited to, any claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, or any or all other laws with the same or similar intent or scope as those acts and laws set forth above, applicable in any jurisdiction to which the Releasees or Xx. Xxxxxxx are or become subject, including, but not limited to, the State of West Virginia. These laws prohibit, among other things, discrimination in employment on the basis of sex, race, color, religion, national origin, age, marital status or disability. This relinquishment and waiver also includes any claims for wrongful discharge, breach of contract, infliction of emotional distress, and all other claims arising from statute, local law, administrative regulation or common law. This relinquishment and waiver includes claims now known to Xx. Xxxxxxx, as well as any and all possible claims that are not now known to him.
Release by Xx. Xxxxxxxxx. Xx. Xxxxxxxxx releases CMG and its ------------------------ directors, officers, representatives and employees from any pending or future claims other than any claims in connection with this Agreement or in connection with the Termination Agreement executed by and between Xx. Xxxxxxxxx and CMG, in all of his capacities, including but not limited to, as an officer, director, lender, shareholder or employee of CMG or any of its subsidiaries.
Release by Xx. Xxxxxxx. Xx. Xxxxxxx, and on behalf of himself and his heirs and assigns, hereby releases and forever discharges Xxxxxxxx.xxx, Xxxxxxxx.xxx’s affiliates, and all of its respective directors, officers, employees, agents, insurers, and all other persons acting by, through, under or in concert with Xxxxxxxx.xxx (the “Xxxxxxxx.xxx Released Parties”), from and against any and all actions, causes of action, suits, proceedings, debts, expenses, fees, attorney fees, sums of money, accounts, indemnities, liabilities, losses, bills, controversies, agreements, promises, damages, obligations, awards, deficiencies, executions, claims and/or demands, of any type, nature or kind, whether known or unknown, liquidated or unliquidated, matured or unmatured, from the beginning of time through the date of this Agreement. Notwithstanding the generality of the foregoing, nothing herein constitutes a release or waiver by Xx. Xxxxxxx of, or prevents Xx. Xxxxxxx from making or asserting: (i) the enforcement of the obligations contained in this Agreement, (ii) any claim or right Xx. Xxxxxxx may have under COBRA, (iii) any claim or right Xx. Xxxxxxx may have for unemployment insurance benefits or workers’ compensation benefits, (iv) any claim to vested benefits under the written terms of any employee benefit plan, (v) any claim that cannot be waived as a matter of law pursuant to federal, state or local law, (vi) any rights to insurance benefits under any directors & officers liability insurance policy maintained by the Company, and/or (vii) any claim for indemnification as an employee, officer or director of the Company under the Company’s certificate of incorporation or bylaws.
