Release by Xxxxxxx. Xxxxxxx acknowledges and agrees that the payments pursuant to Section 3 above, and the provision of other benefits, as set forth in Sections 4 through 6 above, constitute payments which the Company is not obligated to pay Xxxxxxx, and, as such constitute sufficient consideration for the release of the Company by Xxxxxxx provided below. For the consideration detailed above, which Xxxxxxx acknowledges as being sufficient to support the release contained herein, and except for (i) any criminal act or act of willful misconduct by the Company with respect to Xxxxxxx, (ii) the obligations of the Company in this Agreement and the benefits preserved and/or provided to Xxxxxxx in this Agreement and (iii) any obligation which the Company has under and in accordance with its By-Laws as currently in effect (whether or not covered by insurance) to indemnify Xxxxxxx in his capacity as an officer, director or employee of the Company or of any of its subsidiaries or affiliates, Xxxxxxx, on behalf of himself and his heirs, executors, administrators, attorneys and assigns, hereby waives, generally releases and forever discharges the Company, its subsidiaries, divisions and affiliates, whether direct or indirect (including its and their respective directors, officers, employees, partners and agents, past, present, and future), and each of its and their respective successors and assigns (hereinafter collectively referred to as "Company Releasees"), from any and all known or unknown actions, causes of action, claims, damages, suits, obligations, agreements, attorneys' fees or any other liabilities of any kind whatsoever which have or could be asserted against the Company Releasees arising out of or related to: his service as an officer, director or employee of the Company and/or any of the other Company Releasees, employment with and/or separation from employment with the Company and or any of the other Company Releasees, and/or any other occurrence up to and including the date of this Agreement, including but not limited to:
Release by Xxxxxxx. In consideration of the compensation, benefits and agreements provided for pursuant to this Agreement and the Employment Agreement, the sufficiency of which is hereby acknowledged, XXXXXXX, for himself and for any person who may claim by or through him, releases and forever discharges MEDQUIST, and its past, present and future parents, subsidiaries, divisions, affiliates, related companies, predecessors, successors, officers, directors, attorneys, agents, and employees (the “Releasees”), from any and all claims or causes of action that XXXXXXX had, has or may have, relating to XXXXXXX’X employment with and/or separation from MEDQUIST, up until the date of this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, as amended, the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act, the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), the Americans with Disabilities Act, the Employee Retirement Income Security Act (“ERISA); claims under any other federal, state or local statute, regulation or ordinance; claims for discrimination or harassment of any kind, breach of contract or public policy, wrongful or retaliatory discharge, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any compensation or benefits provided for pursuant to any such agreement; and any and all other claims to any form of legal or equitable relief or damages; any other claims for compensation or benefits; or any claims for attorneys’ fees or costs.
Release by Xxxxxxx. In the event of a termination of employment by Xxxxxxx that results in the payment of Severance Compensation to him pursuant to the terms of this Agreement, in consideration for such Severance Compensation and as a condition precedent to the payment thereof, Xxxxxxx hereby agrees to execute a full and complete release to the Company releasing any and all claims that he may have against the Company including any claims relating to his termination of employment.
Release by Xxxxxxx. Except as expressly provided herein, Xxxxxxx, individually, and on behalf of his heirs, legal representatives and assigns, does hereby release Xxxxxx, individually, and his respective heirs, legal representatives and assigns, of and from all claims, demands, obligations, liabilities, damages, costs, fees, expenses, actions, causes of action, suits of law or equity of whatever kind or nature, known or unknown, suspected to exist, anticipated or not anticipated, which have arisen, are now arising, or hereafter may arise out of or in connection with Xxxxxxx'x employment by, and any right to acquire shares in the Company.
Release by Xxxxxxx. In exchange for this agreement, Xxxxxxx and his agents, successors and assigns, hereby irrevocably and unconditionally release and forever discharge CirTran, its successors, assigns, officers, directors, owners, employees, insurers, agents, representatives, and attorneys, and all persons acting by, through, under or in concert with them, or any of them, including Xxxxx Xxxxxxxx, from any and all actions, causes of action, suits, claims, rights, damages, losses, costs and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent which he now has, owns or holds, or claims to have, own or hold, or at any time heretofore had, owned or held, or claimed to have, own or hold, or may hereafter have, own or hold, or claim to have, own or hold, arising out of conduct or matters occurring prior to the date of this agreement. It is the intention of the parties that CirTran shall have no further obligation to Xxxxxxx. CirTran is free to engage in financing arrangements of its choosing with any party of its choosing without incurring any obligation to pay a fee to Xxxxxxx or give him some other consideration. Xxxxxxx hereby acknowledges that all obligations owed by CirTran pursuant to any contract he has or may have had with CirTran, including but not limited to the Financial Consulting Agreement dated September 20, 2001, and the Letter of Agreement dated October 2, 2002, are by this agreement irrevocably and unconditionally discharged and satisfied in full.
Release by Xxxxxxx. Except as expressly provided herein and as to the obligations to be performed by Xxxxxxx under the Termination Agreement and as to any alleged kickback to Xxxxxxx relating to the Inholtra brand of product, Xxxxxxx, individually and on behalf of his respective heirs, legal representatives, and assigns, does hereby release and forever discharge Xxxxxxx, individually, and his respective heirs, legal representatives and assigns, of and from all claims, demands, obligations, liabilities, damages, costs, fees, expenses, actions, causes of action, suits at law or equity of whatever kind or nature, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, which have arisen, are now arising, or hereafter may arise out of or in connection with Xxxxxxx'x employment by the Company.
Release by Xxxxxxx x. Xxxxxxx for himself and his dependents, successors, assigns, heirs, executors and administrators (and his and their legal representatives of every kind), hereby releases, dismisses, remises and forever discharges the Company from any and all arbitrations,, claims (including, without limitations, claims for attorney's fees), demands, damages, suits, proceedings, actions and/or causes of action of any kind and every description, whether known or unknown, which Xxxxxxx now has or may have had for, upon, or by reason of any cause whatsoever (except that this release shall not apply to the obligations of the Company arising under this Agreement), against the Company ("claims"), including but not limited to:
Release by Xxxxxxx. Except for the obligations created by this agreement and for claims grounded or based upon fraud, Xxxxxxx, for himself, his heirs, personal representatives, successors and assigns, expressly releases, acquits and forever discharges Xxxxx and Mercury, their respective heirs, personal representatives, successors, assigns, subsidiaries and affiliates, from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation that Xxxxxxx ever had, or now has, or may have, known or unknown, presently available or hereafter acquired or that anyone claiming through or under him may have, or claim to have, against Xxxxx and Mercury, their respective heirs, personal representatives, successors, assigns, subsidiaries and affiliates.
Release by Xxxxxxx. Effective upon the Effective Date, Xxxxxxx hereby releases, remises and forever discharges PMS, and its officers, directors, shareholders, employees, agents and attorneys from any and all claims, causes of action, manner of actions, debts, suits, liabilities, accounts, contracts and demands whether known or unknown, matured or unmatured, fixed or contingent, in law or equity (“Claims”), for or by reason of any matter, cause or thing arising at any time through the date of this Agreement (excepting the obligations of the parties created by this Agreement).
Release by Xxxxxxx. Xxxxxxx, for himself and his partners, employees, accountants, advisors, agents, attorneys, administrators, parents, subsidiaries, affiliates, heirs, legatees, successors and assigns (all of the foregoing collectively, the “Xxxxxxx Releasors”), in consideration of the mutual releases and covenants not to xxx contained herein and other good and sufficient consideration, hereby unconditionally and irrevocably release and discharge GEII and Xxxxxx and each of their present and former shareholders, directors, partners, officers, employees, accountants, advisors, agents, attorneys, administrators, parents, subsidiaries, subcontractors, affiliates, legatees, predecessors, successors and assigns (all of the foregoing collectively, the “GEII and Xxxxxx Releasees”) from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, whether known or unknown, absolute or contingent which the Xxxxxxx Releasors ever had, now have or may have against the GEII and Xxxxxx Releasees or any of them for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to and including the Effective Date, except as set forth in Section 4.
