Common use of Release of All Claims Clause in Contracts

Release of All Claims. In exchange for the consideration contained in Paragraph 2 of this Agreement, Employee agrees for himself, him heirs, executors, administrators, successors and assigns to release and discharge forever Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities from any and all claims, debts, promises, agreements, demands, causes of action, losses, and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or arising out of or in connection with his voluntary departure from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. Although, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.

Appears in 2 contracts

Samples: Waiver and Separation Agreement (Home Point Capital Inc.), Waiver and Separation Agreement (Home Point Capital Inc.)

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Release of All Claims. In exchange and consideration for the consideration contained in Paragraph 2 of this AgreementSeparation Payment and other benefits stated above, Employee agrees for himself, him heirs, executors, administrators, successors and assigns to release and discharge forever Employer hereby releases MATRIX and its successors, predecessors, direct affiliates and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past subsidiaries and current their respective officers, directors, members, board members, employees, direct and indirect equity holdersmanagers, partnersrepresentatives, agentsadvisors, attorneyssuccessors, and assigns in assigns, agents or others working on their official and individual capacities from behalf (collectively, “Affiliates”), of any and all claims, debts, promises, agreements, demands, causes of action, losses, and expenses of every nature whatsoeverliabilities or actions, known or unknown, suspected which Employee presently has, may have or unsuspectedwhich Employee ever had against MATRIX and its Affiliates, filed or unfiled, arising prior to as of the Effective Date execution date of this Agreement, or arising out of or in connection with his voluntary departure from employment with Employer and including but not limited to any of its predecessorstort claims, successorsany contract claims, direct or indirect parents or subsidiaries, affiliatesany claims for emotional distress, or related entities. This total release applies to all claimsclaims under federal or state statutes, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; including Title VII of the Civil Rights Act of 1964; , as amended by the Civil Rights Act of 1991; the Civil Rights Act of 1966; the Americans With with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act (ADAAA); the National Labor Relations Act, as amended; 42 U.S.C. §§1981 and 1983; the Rehabilitation Act of 1973; the Genetic Information Non-Discrimination Act of 2008; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act, including the Wage and Hour Laws relating to payment of wages; the Equal Pay Act (only if Releasing Party is female); the Occupational Safety and Health Act; the Employee Polygraph Protection Act; the Vietnam Era Veterans Readjustment Assistance Act; the Immigration Reform and Control Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Actof 1967, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer as amended and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any all other any federal, state or local agency charged human rights, fair employment and other such laws which may be involved in the termination of Employee’s employment as well as any claim arising from any MATRIX policy or procedure. Employee affirmatively states to MATRIX that he has been paid all amounts due him other than the payment to be made in conjunction with the enforcement execution of this Separation Agreement, and has no claim for any wages due and unpaid. Employee further affirmatively states to Matrix that he has no claim for any unpaid minimum wage or overtime pay. Finally, Employee also affirmatively states that he has not been deprived of any lawspersonal leave time to which he was entitled, including providing documents or any other informationand that Employee makes these affirmative statements, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act at least in part, to engage in protected, concerted activity with other employees. Although, by signing induce MATRIX to enter into this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.

Appears in 1 contract

Samples: Separation Agreement (Matrix Service Co)

Release of All Claims. In exchange for You hereby release and forever discharge the consideration contained in Paragraph 2 of this AgreementCompany, Employee agrees for himselftogether with its parent companies (past, him heirspresent or future), executorsdivisions, administratorsaffiliates, subsidiaries, predecessors, successors and assigns to release assigns, and discharge forever Employer their Boards of Directors, benefit plans and its successorsplan administrators, predecessorsshareholders, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, agents and employees, direct all personally and indirect equity holders, partners, agents, attorneys, and assigns in their official representative and individual capacities respective capacities, from any and all claims, debts, promises, agreementsClaims, demands, causes of action, losses, and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreementcharges, or arising out of or in connection with his voluntary departure from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of whatever type or nature, whether known or unknown to You, which You now have or may have against them either individually, jointly or severally, or which could be raised before any kind municipal, county, state or nature whatsoeverfederal body and under any rules, in lawregulations, in equitystatutes, or under the Common law which Arise out of, or in administrative proceedingsany way relate to, based on anything that has previously occurred includingeither directly or indirectly, by way your employment with the Company and work for its subsidiaries, or the termination of illustration said employment and not work activity. You acknowledge your awareness of any limitationyour rights under the Employee Retirement Income Security Act, as amended; any claim federal, state or local statute, ordinance, or order of law, including but not limited to laws which protect You against discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy dischargein employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, as amended, which prohibit discrimination in employment based on race, color, national origin, religion or gender; the Civil Rights Act of 19911866 (42 U.S.C. § 1981), which prohibits discrimination on the basis of race and color; the Rehabilitation Act, as amended, and the Americans With Disabilities ActAct of 1990, as amended, which prohibit discrimination on the basis of disability; the Employee Retirement Income Security Act of 1974Equal Pay Act, as amended, which prohibits paying men and women unequal pay for equal work; the Family and Medical Leave Act of 1993; the Equal Pay Act, which provides employment leave rights for covered family and medical situations and prohibits discrimination or retaliation for exercising such rights; the Age Discrimination in Employment Act, which prohibits discrimination against individuals age 40 and older on account of age; the Worker Adjustment and Retraining Notification Act, as amended, which provides for certain benefits for laid off workers; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act, as amended, which prohibits discrimination on the basis of collective bargaining status; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended, which prohibits discrimination on the basis of military service; and that this release waives any claim arising under any such laws. Notwithstanding the above, this release does not include, however, a release by You of your rights, if any, to engage in protectedpayments of ERISA benefits under any ERISA plan for which You are otherwise eligible or to which You are entitled, concerted activity with other employees. Although, nor does it release or waive any claims or rights You are prohibited by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement applicable law or other legal regulation from releasing or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibitedwaiving.

Appears in 1 contract

Samples: Retention Bonus and Non Competition Agreement (Nacco Industries Inc)

Release of All Claims. In exchange Executive, for the consideration contained in Paragraph 2 and on behalf of this Agreement, Employee agrees for himself, him himself and Executive’s heirs, executors, administrators, successors and assigns to release and discharge forever Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneysrepresentatives, executors and assigns in their official assigns, hereby waives and individual capacities from releases any and all common law, statutory or other complaints, claims, debtsdemands, expenses, damages, liabilities, suits, promises, agreements, demands, charges or causes of actionaction (each, losses, and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or a “Claim”) arising out of or in connection with his voluntary departure from relating to Executive’s employment or termination of employment with Employer the Company, and any of its predecessorsrespective subsidiaries and affiliates (together, successorsthe “Company Group”), direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions both known and causes of action of any kind or nature whatsoeverunknown, in law, law or in equity, which Executive may now have or in administrative proceedingsever had against any member of the Company Group or any equityholder, based on anything that has previously occurred agent, benefit plan, representative, administrator, trustee, attorney, insurer, fiduciary, employee, director or officer of any member of the Company Group, including their successors and assigns (collectively, the “Company Releasees”), including, without limitation: any claim for any severance benefits not contemplated by way of illustration and not of any limitationthe Severance Agreement; any claim claims for attorneys’ fees or costs; any complaint, charge or cause of action arising out of his employment with the Company Group under the Age Discrimination in Employment Act of 1967 (“ADEA,” a law which prohibits discrimination on the basis of age against individuals who are age 40 or harassment older), the National Labor Relations Act, the Civil Rights Act of any kind; retaliation 1991, the Americans with Disabilities Act of any kind; breach of an express or implied contract; public policy discharge; 1990, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Americans With Disabilities Act; , the Employee Retirement Income Security Act of 1974; , the Family and Medical Leave Act of 1993; Act, the Equal Pay Act; , the Age Discrimination in Employment Securities Act of 1933, the Securities Exchange Act of 1934, the Rehabilitation Act of 1973, the Genetic Information Nondiscrimination Act of 2008, the Immigration Reform Control Act; , Section 1981 through 1988 of Title 42 of the United States Code, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Xxxxxxxx-Xxxxx Act and the Worker Adjustment and Retraining Notification ActAct of 1988 and any similar state laws, all as amended; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal state or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander wage and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory dischargehour law; and all other claims of tortious conductapplicable federal, statutory state and local statutes, ordinances and regulations, or constitutional violations or breach of contractat common law. This By signing this Agreement, Executive acknowledges that Executive intends to waive and release and waiver applies to all past, existing and accrued claims, any rights known or unknownunknown Executive may have against the Company Releasees under these and any other laws and at common law; provided, asserted that Executive does not waive or unassertedrelease Claims (a) with respect to claims arising from any breach by the Company Group of this Agreement or Executive’s right to enforce this Agreement or those provisions of the Severance Agreement that expressly survive the termination of Executive’s employment with the Company Group; (b) with respect to any benefits that are or will become vested following Executive’s termination pursuant to their terms or to which Executive is otherwise entitled pursuant to the terms and conditions of any applicable benefit plans of the Company Group (including equity awards); (c) any rights to indemnification (including the advancement of legal fees and costs) or expense reimbursement under any agreement between Executive and any member of the Company Group or the charter, against Employer bylaws or other organization document of any member of the Company Group, or pursuant to any director’s and its successorsofficer’s liability insurance policy, predecessorsin the future or previously in force, direct or by applicable statute, all to the fullest extent allowed by law; (d) rights of Executive for expense reimbursement from the Company; (e) any rights Executive may have to workers’ compensation benefits or to continued benefits in Exhibit 10.38 accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985; or (f) claims that may not be waived by law and indirect parents (including, for any claims arising after the date this Agreement is signed. For the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past the Claims released or waived pursuant to this paragraph shall not be deemed to relate to or include the rights and current officers, directors, members, board members, employees, direct coverage of Executive under any directors and indirect equity holders, partners, agents, attorneys, officers and assigns in their official and individual capacities arising out other such insurance policies of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 member of the National Labor Relations Act to engage in protectedCompany Group. THIS MEANS THAT, concerted activity with other employeesBY SIGNING THIS RELEASE, EXECUTIVE WILL HAVE WAIVED ANY RIGHT EXECUTIVE MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY CLAIM AGAINST THE COMPANY RELEASEES BASED ON ANY ACTS OR OMISSIONS OF THE COMPANY RELEASEES UP TO THE DATE OF THE SIGNING OF THIS RELEASE, EXCEPT WITH RESPECT TO ANY CLAIM NOT WAIVED OR RELEASED AS CONTEMPLATED BY THE PRECEDING PARAGRAPH. AlthoughNOTWITHSTANDING THE ABOVE, by signing this AgreementNOTHING IN THIS AGREEMENT SHALL PREVENT EXECUTIVE FROM (I) INITIATING OR CAUSING TO BE INITIATED ON HIS BEHALF ANY COMPLAINT, Employee is waiving rights to individual relief CHARGE, CLAIM OR PROCEEDING AGAINST ANY MEMBER OF THE COMPANY GROUP BEFORE ANY LOCAL, STATE OR FEDERAL AGENCY, COURT OR OTHER BODY CHALLENGING THE VALIDITY OF THE WAIVER OF HIS CLAIMS UNDER ADEA CONTAINED IN THIS AGREEMENT (including back pay, front pay, reinstatement or other legal or equitable reliefBUT NO OTHER PORTION OF SUCH WAIVER); OR (II) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency INITIATING OR PARTICIPATING IN (and not EmployerBUT NOT BENEFITING FROM) for information provided to the government agency or otherwise where prohibitedAN INVESTIGATION OR PROCEEDING CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION WITH RESPECT TO ADEA.

Appears in 1 contract

Samples: Agreement and Release (Circor International Inc)

Release of All Claims. In exchange for the consideration contained in Paragraph 2 Employee hereby voluntarily and knowingly fully releases, acquits and forever discharges Stereotaxis, and all of this Agreementits current and former affiliates, Employee agrees for himselfsubsidiaries, him heirspredecessors, executors, administratorsparent companies, successors and assigns to release assigns, and discharge forever Employer all of their present and its successorsformer owners, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board membersshareholders, employees, direct and indirect equity holders, partners, agents, attorneystrustees, representatives and assigns in their official fiduciaries (individually and individual capacities collectively, “Released Parties”) from any and all demands, claims, debtsactions, promises, agreements, demandssuits, causes of action, lossescomplaints, liabilities, costs, contracts, agreements and expenses damages of every any nature whatsoever, whatsoever (whether known or unknown, suspected foreseen or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or arising out of or in connection with his voluntary departure from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of any kind or nature whatsoeverunforeseen, in law, in equityequity or otherwise), including, but not limited to, claims for back pay, front pay, past or in administrative proceedingsfuture employment or reemployment, statutory liquidated damages, compensatory and punitive damages, damages for emotional distress, costs, expenses, paid time off, other entitlements or benefits, requests/applications for reemployment, reinstatement, and compensation of every nature and description, including attorneys’ fees, which Employee has now or may have now against Stereotaxis or any Released Parties by reason of any conduct, acts, omissions, cause of any transaction whatsoever up to the date of execution of this Agreement, including without limitation those arising from or relating to Employee’s employment by Stereotaxis and/or the cessation of that employment. This complete release expressly extends to all claims based on anything that has previously occurred includingthe present and future effects of past acts of Stereotaxis or any Released Parties. This Release of All Claims by Employee includes, by way of illustration but is not limited to, any and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; all claims under Title VII of the Civil Rights Act of 1964; 1964 (as amended), the Civil Rights Act of 1991; 1866, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, 42 USC § 1981, et seq., the Americans With with Disabilities Act; , the Employee Retirement Income Security Act of 1974; 1974 (ERISA), the Family and Medical Leave Act of 1993; the Equal Pay Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Older Workers Benefit Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Genetic Information Non-Discrimination Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Missouri Human Rights Act, the Michigan Internet Privacy Missouri Employment Security laws, wage claims, the Missouri Workers’ Compensation Act, the Missouri public policy exception to the at-will employment doctrine, the Missouri Whistleblower’s Protection Act; violation of , the Missouri Service Letter Statute, any stateand all other Missouri wage and benefit payment laws, federal or and any and all other federal, state and local lawsstatutes, regulations, ordinances, statutesexecutive orders, regulations policies, common law or constitutional provisions; violation of any civil rightscontract, employment and/or labor laws alleged policy, manual or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or and fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all pastAgreement shall not limit, existing and accrued claimsin any way, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing file a charge or complaint with or from participating participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state state, or local administrative agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. Although, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf arising out of or related to employment with and/or separation from employment with Stereotaxis, and Employee agrees that he/she has waived any right to monetary or other recovery from any such claim. Employee further agrees that neither Employee nor any person, organization or any other entity acting on Employee’s behalf has filed or will file, claim or sxx, or cause or permit to be filed, any complaint, claim or grievance against Stereotaxis or any of the Released Parties at any time hereafter involving any matter occurring in the past up to the date of execution of this Agreement, and agrees that he/she will indemnify and hold Stereotaxis and/or any of the Released Parties harmless and pay their attorneys’ fees in the vent they are caused to defend such a complaint, claim or grievance which he/she night file or cause to be filed or remain on file. Employee further agrees that if any such complaint, claim or grievance is filed, Stereotaxis’ obligation to make the payments and benefits referred to in Section 2 herein shall terminate immediately upon the occurrence of any such filing, claim or grievance, and Employee shall (i) repay to Stereotaxis any and all money paid pursuant to this Agreement; (ii) pay any and all costs or expenses incurred by Stereotaxis, including reasonable attorneys’ fees, in defending against any third partysuch filing, except claim or grievance; and (iii) pay any and all other damages awarded by a court of competent jurisdiction. Employee further explicitly waives all required notices under any state or federal WARN act, all rights to any future employment opportunities with Stereotaxis or the Released Parties and agrees not to apply for employment with Stereotaxis or the Released Parties. If Employee applies for employment with Stereotaxis or the Released Parties despite the obligations under this paragraph, then Employee shall have no claim or cause of action against Stereotaxis or the Released Parties if they do not hire him/her and/or hired either any other person or no one instead of him/her. Nothing in this Agreement shall be construed to mean that Employee is waiving or releasing claims to enforce this Agreement, claims for workers’ compensation benefits, claims for unemployment benefits, claims for any right vested benefits owed to Employee, claims for any vested rights Employee may have under any retirement plan of Stereotaxis, claims for rights under COBRA or claims arising after the date Employee executes this Agreement. Employee understands and agrees that this Release of All Claims contained in Section 3 applies to receive a payment and includes all known, suspected, unknown or award from a government agency (unsuspected claims, consequences or results. Employee acknowledges and not Employer) agrees that he/she has received any and all wages, benefits, or other compensation due him/her for information provided work performed, including any overtime and/or premium compensation. Employee represents and warrants that, to the government agency best of Employee’s knowledge, Employee possesses no federal or otherwise where prohibitedstate leave claims, Fair Labor Standards Act claims, or workers’ compensation claims against Stereotaxis or the Released Parties. Employee further represents and warrants that Employee has received any and all compensation pursuant to state and federal wage and hour laws and any and all leave pursuant to the Family and Medical Leave Act or any other federal or state law to which Employee may have been entitled as an employee of Stereotaxis, and that Employee is not currently aware of any facts or circumstances constituting a violation of any federal or state leave laws, the Fair Labor Standards Act, or of any workers’ compensation statutes.

Appears in 1 contract

Samples: Separation Agreement and Release of All Claims (Stereotaxis, Inc.)

Release of All Claims. In exchange for the consideration contained in Paragraph 2 of this Agreement, Employee agrees for himself, him his heirs, executors, administrators, successors and assigns to release and discharge forever Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities from any and all claims, debts, promises, agreements, demands, causes of action, losses, and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or arising out of or in connection with his voluntary departure from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. Although, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.

Appears in 1 contract

Samples: Waiver and Separation Agreement and General (Home Point Capital Inc.)

Release of All Claims. In exchange and consideration for the consideration contained in Paragraph 2 of this AgreementThe Separation Pay and other benefits stated above, Employee agrees for himself, him heirs, executors, administrators, successors and assigns to release and discharge forever Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance hereby releases MATRIX of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities from any and all claims, debts, promises, agreements, demands, causes of action, losses, and expenses of every nature whatsoeverliabilities or actions, known or unknown, suspected which Employee presently has, may have or unsuspected, filed or unfiled, arising prior to which Employee ever had against MATRIX as of the Effective Date execution date of this Agreement, or arising out of or in connection with his voluntary departure from employment with Employer and including but not limited to any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all tort claims, demandsany contract claims, actions and causes of action of any kind or nature whatsoeverclaims for emotional distress, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; claims for breach of an express expressed or implied contract; , claims of breach of the covenant of good faith and fair dealing, claims of breach of fiduciary duty, claims of fraud and/or misrepresentation, claims of defamation/slander/libel, claims of retaliation, discrimination or harassment, claims of intentional or negligent infliction of emotional distress, mental pain and suffering and anguish, claims of loss of future earnings or profits, impairment of economic opportunities, claims of unlawful interference with employment rights, wrongful termination, wrongful discharge and violation of public policy discharge; policy, or claims under federal or state statutes, including Title VII of the Civil Rights Act of 1964; , as amended by the Civil Rights Act of 1991; the Civil Rights Act of 1966; the Americans With with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act (ADAAA); the National Labor Relations Act, as amended; 42 U.S.C. §§1981 and 1983; the Rehabilitation Act of 1973; the Equal Pay Act of 1963, 29 USC § 201 et seq.; the Pregnancy Discrimination Act; the Genetic Information Non-Discrimination Act of 2008; the Employee Retirement Income Security Act of 1974, as amended; the Occupational Safety and Health Act; the Employee Polygraph Protection Act; the Vietnam Era Veterans Readjustment Assistance Act; the Immigration Reform and Control Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Actof 1967, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer as amended and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any all other any federal, state or local agency charged human rights, fair employment and other such laws which may be involved in the termination of Employee’s employment as well as any claim arising from any MATRIX policy or procedure (“Claims”). Other than regular wages through March 31, 2021 and the payment of Employee’s accrued but unused PTO balance, Employee affirmatively states to MATRIX that he/she has been paid all amounts due him/her other than the payment to be made in conjunction with the enforcement execution of this Separation Agreement, and has no claim for any wages due and unpaid. Employee further affirmatively states to Matrix that he/she has no claim for any unpaid minimum wage or overtime pay. Finally, Employee also affirmatively states that he/she has not been deprived of any lawspersonal leave time to which he/she was entitled, including providing documents or any other informationand that Employee makes these affirmative statements, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act at least in part, to engage in protected, concerted activity with other employees. Although, by signing induce MATRIX to enter into this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.

Appears in 1 contract

Samples: Separation Agreement (Matrix Service Co)

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Release of All Claims. In exchange consideration for a the consideration contained in Paragraph 2 Early Retirement Incentive Plan to which I otherwise would not be entitled, I, ,individually and on behalf of this Agreement, Employee agrees for himself, him my heirs, executorslegal representatives, administratorsand assigns, successors and assigns to do hereby release and forever discharge forever Employer and The Xxxxxx Public Schools, its successors, predecessorsBoard of Education, direct and indirect parents (includingBoard of Education Members, for the avoidance officers, Superintendent of doubtSchools, Home Point Capital), subsidiaries, affiliates, related entitiesAdministrative Agents, past and current officers, directors, members, board members, present employees, direct the Adrian EA, the Michigan Education Association and indirect equity holdersthe National Education Association, partners("the Released Parties"), agents, attorneys, and assigns in their official and individual capacities from any and all claims, debts, promises, agreements, demandsactions, causes of action, lossesclaims, demands, damages (including compensatory, exemplary, statutory, and expenses punitive damages), attorney fees, costs, contracts, liens, agreements, and promises, by reason of every nature any matter, fact, cause or thing of any kind or character whatsoever, including specifically, but not by way of limitation, any and all claims which I, or anyone acting through me or on my behalf, may have relating to my employment with and the termination of employment from Xxxxxx Public Schools ("APS"), whether now known or unknownlater discovered, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date because of this Agreement, or arising out of any matter and/or event occurring on or in connection with his voluntary departure from employment with Employer and any before the date I sign this Release of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entitiesAll Claims. This total release applies to all claimsRelease of All Claims includes specifically, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, but not by way of illustration and not limitation, any claims of age, race, sex, religion, marital status, familial status, age, weight, or handicap or disability discrimination or any other claimed violation of any limitation; any claim of discrimination federal, state, or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; local statute, including but not limited to the Michigan Teachers Tenure Act, Title VII of the Civil Rights Act of 1964; 1964 as amended, Section 1981 of the Civil Rights Act of 1991; 1966, the Americans With Disabilities Act; Age Discrimination in Employment Act of 1967 as amended, the Older Workers Benefit Protection Act of 1990, the Employee Retirement Income Security Act of 1974; 1974 as amended, the Family and Medical Leave Act of 1993; the Equal Pay Americans With Disabilities Act; the Age Discrimination in Employment Act; the Worker Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil Rights Act; , the Michigan Persons With Disabilities Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know Civil Rights Act, the Michigan Workforce Opportunity Wage Act, the Michigan Occupational Safety and Health Act (MIOSHA), the Michigan Social Security Number Privacy Act, the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known any tort claims, any claim of breach of contract, and all claims under related common law, statutes, and executive orders at the federal, state and local levels of government, and any claim to any benefits from employment with Xxxxxx Public Schools. I covenant and agree that I will not bring or unknowncause to be brought any charges, claims, demands, suits or actions in any forum against the Released Parties related in any way to my dealings with Xxxxxx Public Schools, which occurred prior to the effective date of this Release of All Claims, including, without limitation, my employment with and the termination of my employment from Xxxxxx Public Schools. I acknowledge that I have received or promptly will receive all pay and employee benefits to which I was entitled pursuant to Xxxxxx Public Schools' policies and procedures and pursuant to the collective bargaining agreement between Xxxxxx Public Schools and The Adrian Education Association, and it is the express intent of the parties hereto that except for such consideration, pay and benefits, the Released Parties shall be relieved from any obligation whatsoever to pay any amount to any person or entity in connection with, arising out of Employee’s hire, employment withof, or separation relating in any manner whatsoever to my employment with and the termination of my employment from Employer and Xxxxxx Public Schools. This Release of All Claims shall not be construed as an admission by the Released Parties of any unlawful action or wrongdoing of its predecessorsany kind, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges nor shall it be construed as a finding that he waives and releases any claim I might raise against the Released Parties is or would be in any way valid or meritorious, but rather is made to terminate controversy respecting all claims that I may assert against the Released Parties. The Released Parties expressly deny that they have acted unlawfully and deny any liability to me. The parties acknowledge that this Release of constructive discharge or similar claim which challenges All Claims is subject to disclosure under the voluntary nature provisions of him resignation from employment with Employer and any the Freedom of its predecessorsInformation Act. Should a request for a copy of the Release be made, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited Xxxxxx Public Schools agrees to provide notice to me prior to the release disclosure of claims, confidential information, confidentialitythe Release to the requesting individual. This Release of All Claims contains the entire agreement between the parties hereto and supersedes all prior oral and written communications between the parties regarding the subject matter hereof. The terms of this Release of All Claims are contractual and not a mere recital. This Release of All Claims, and non-disparagement provisionseach and every term and provision hereof, (i) limits or affects Employee’s right to challenge shall be construed in accordance with the validity laws of the State of Michigan. If any provision of this Agreement Release of All Claims shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Release of All Claims shall, in such event, be construed as if such invalid and/or unenforceable provision had never been contained herein. I have carefully read the foregoing Release of All Claims and have been advised to discuss its terms with my attorney. I have had an opportunity to consult with my attorney prior to signing this Release of All Claims and have signed this Release of All Claims knowingly, voluntarily, and freely, and with such counsel as I deem appropriate. I declare that I have had at least Forty-five (45) days to review and consider this release. I acknowledge receipt of the following information as required by 29 U.S.C. 626 (t) (1) (h): The Class, Unit or Group of Individuals Covered by the Program: Members of the bargaining unit of employees of Xxxxxx Public Schools known as the Adrian Education Association. The Eligibility Factors for the Program: A bargaining unit member who is eligible for retirement benefits under the ADEA or Michigan Public School Employees Retirement System (MPSERS) commencing at the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted end of the school year during which the election is made by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), employee. Time Limits Applicable to the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with Program: The program is available for the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 life of the National Labor Relations Act contract. Employees must notify the Board of Education of their intent to engage in protectedretire under this program by February 1 if he/she will retire at the end of the fiscal year. I understand that this Release of All Claims will not become final and enforceable until seven (7) days after I sign this document. During that seven (7) day period, concerted activity with other employees. AlthoughI may reconsider and revoke this release, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and recognizing that I will not Employer) for information provided be entitled to the government agency or otherwise where prohibitedEarly Retirement Incentive Plan until that seven (7) day revocation period has expired. THIS IS A RELEASE - READ BEFORE SIGNING Employee Subscribed and sworn to before me this day of ., 20 . Notary Public Lenawee County, Michigan My Commission Expires: AppendixB LETTER OF AGREEMENT

Appears in 1 contract

Samples: Letter of Agreement

Release of All Claims. In exchange for the consideration contained in Paragraph 2 Executive voluntarily, knowingly and willingly on behalf of this Agreement, Employee agrees for himself, him his heirs, executors, administrators, successors and assigns to release assigns, hereby irrevocably and discharge forever Employer and unconditionally releases the Company, its successorsparents, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), their subsidiaries, divisions and affiliates, related entitiestogether with their respective owners, past and current officersassigns, agents, directors, memberspartners, board membersofficers, employees, direct consultants, shareholders, attorneys and indirect equity holders, partners, agents, attorneysrepresentatives, and any of their predecessors and successors and each of their estates, heirs and assigns in their official and individual capacities (collectively, the "Company Releasees") from any and all charges, complaints, claims, debtsliabilities, obligations, promises, agreements, demands, causes of action, rights, costs, losses, debts and expenses of every any nature whatsoever, known or unknown, suspected which he or unsuspectedhis heirs, filed executors, administrators, successors or unfiledassigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any other representative capacity) against the Company or any of the other Company Releasees by reason of any matter, cause or thing whatsoever arising on or before the date this General Release and Waiver is executed by Executive. In addition, this Release includes, without limitation, any rights or claims relating in any way to any and all employment relationships between Executive and the Company or any of the Company Releasees, or the termination thereof, arising prior to under the Effective Date Employment Act 2000 of this AgreementBermuda, or arising out the Human Rights Act 1981 of or in connection with his voluntary departure from employment with Employer and any of its predecessorsBermuda, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; Title VII of the Civil Rights Act of 1964; , Sections 1981 through 1988 of Title 42 of the Civil Rights Act of 1991; the Americans With Disabilities Act; the United States Code, The Employee Retirement Income Security Act of 1974; the Family 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Medical Leave Control Act, The Americans with Disabilities Act of 1993; the Equal Pay Act; the 1990, The Age Discrimination in Employment Act; the Worker Act of 1967 (“ADEA”), The Workers Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil , The Fair Credit Reporting Act, New York State Human Rights Act; the Michigan Law, New York Human Rights Law, New York Rights of Persons With Disabilities Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know , New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Michigan Workforce Opportunity general regulations of the New York State Division of Human Rights, The New York Labor Law, The New York Wage ActHour and Wage Payment Laws, the Michigan Occupational The New York Minimum Wage Law, as amended, The New York City Administrative Code, New York State Public Employee Safety and Health Act (MIOSHA)Act, New York Executive Law §290 et seq., the Michigan Social Security Number Privacy ActNew York City Charter and Administrative Code, New York Labor Law §740 et seq., the Michigan Internet Privacy Protection Act; violation of any stateNew York Legal Activities Law, federal or local New York Labor Law §201-d, the New York occupational safety and health laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age New Jersey Law Against Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. Although, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.– N.J. Rev.

Appears in 1 contract

Samples: Axis Capital Holdings LTD

Release of All Claims. In exchange for the consideration contained in Paragraph 2 Executive voluntarily, knowingly and willingly on behalf of this Agreement, Employee agrees for himself, him his heirs, executors, administrators, successors and assigns to assigns, hereby irrevocably and unconditionally release and discharge forever Employer and the Company, its successorsparents, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), their subsidiaries, divisions and affiliates, related entitiestogether with their respective owners, past and current officersassigns, agents, directors, memberspartners, board membersofficers, employees, direct consultants, shareholders, attorneys and indirect equity holders, partners, agents, attorneysrepresentatives, and any of their predecessors and successors and each of their estates, heirs and assigns in their official and individual capacities (collectively, the "Company Releasees") from any and all charges, complaints, claims, debtsliabilities, obligations, promises, agreements, demands, causes of action, rights, costs, losses, debts and expenses of every any nature whatsoever, known or unknown, suspected which he or unsuspectedhis heirs, filed executors, administrators, successors or unfiledassigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any other representative capacity) against the Company or any of the other Company Releasees by reason of any matter, cause or thing whatsoever arising on or before the date this General Release and Waiver is executed by Executive. In addition, this Release includes, without limitation, any rights or claims relating in any way to any and all employment relationships between Executive and the Company or any of the Company Releasees, or the termination thereof, arising prior to under the Effective Date Employment Act 2000 of this AgreementBermuda, or arising out the Human Rights Act 1981 of or in connection with his voluntary departure from employment with Employer and any of its predecessorsBermuda, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. This total release applies to all claims, demands, actions and causes of action of any kind or nature whatsoever, in law, in equity, or in administrative proceedings, based on anything that has previously occurred including, by way of illustration and not of any limitation; any claim of discrimination or harassment of any kind; retaliation of any kind; breach of an express or implied contract; public policy discharge; Title VII of the Civil Rights Act of 1964; , Sections 1981 through 1988 of Title 42 of the Civil Rights Act of 1991; the Americans With Disabilities Act; the United States Code, The Employee Retirement Income Security Act of 1974; the Family 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Medical Leave Control Act, The Americans with Disabilities Act of 1993; the Equal Pay Act; the 1990, The Age Discrimination in Employment Act; the Worker Act of 1967 (“ADEA”), The Workers Adjustment and Retraining Notification Act; the Michigan Xxxxxxx-Xxxxxx Civil , The Fair Credit Reporting Act, New York State Human Rights Act; the Michigan Law, New York Human Rights Law, New York Rights of Persons With Disabilities Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act; the Michigan Whistleblowers' Protection Act; the Michigan Wage and Hour laws; the Michigan Wage and Fringe Benefit Act; the Xxxxxxx-Xxxxxxxx Employee Right to Know , New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Michigan Workforce Opportunity general regulations of the New York State Division of Human Rights, The New York Labor Law, The New York Wage ActHour and Wage Payment Laws, the Michigan Occupational The New York Minimum Wage Law, as amended, The New York City Administrative Code, New York State Public Employee Safety and Health Act (MIOSHA)Act, New York Executive Law §290 et seq., the Michigan Social Security Number Privacy ActNew York City Charter and Administrative Code, New York Labor Law §740 et seq., the Michigan Internet Privacy Protection Act; violation of any state, federal or local laws, ordinances, statutes, regulations or constitutional provisions; violation of any civil rights, employment and/or labor laws or statutes in the state in which you are employed; fraud, deceit or misrepresentation; breach of any fiduciary duty; intentional infliction of emotional distress; libel, slander and defamation; breach of any implied covenant of good faith or fair dealing; constructive, forced or coerced discharge; promissory estoppel; intentional interference with an advantageous contractual or business relationship or expectancy; invasion of privacy; wrongful or retaliatory discharge; and all other claims of tortious conduct, statutory or constitutional violations or breach of contract. This release and waiver applies to all past, existing and accrued claims, known or unknown, asserted or unasserted, against Employer and its successors, predecessors, direct and indirect parents (including, for the avoidance of doubt, Home Point Capital), subsidiaries, affiliates, related entities, past and current officers, directors, members, board members, employees, direct and indirect equity holders, partners, agents, attorneys, and assigns in their official and individual capacities arising out of any relationship with Employee including, but not limited to, the employment relationship and in all matters of employment and terms and conditions of employment, including, by way of illustration and not of limitation, all claims relative to recruitment, hiring, medical leaves, training, education, promotions, travel, vacations, testing, evaluations, pensions, reassignments, relocations, re-hirings, resignations, job assignments, conferences, time off, scheduling, discharge, discipline, references, back pay or future wage loss, bonuses, benefits, compensation, lay off, equity compensation including the granting or vesting of stock options, and all other terms and conditions of employment. Without limiting the scope of Employee’s release of claims, Employee acknowledges that any right or claim which he may have arising under the Age Discrimination in Employment Act (“ADEA”) or under the Michigan Xxxxxxx-Xxxxxx Civil Rights Act, whether known or unknown, arising out of Employee’s hire, employment with, or separation from Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities up to and including the Effective Date is hereby released and forever waived. Employee further specifically acknowledges that he waives and releases any claim of constructive discharge or similar claim which challenges the voluntary nature of him resignation from employment with Employer and any of its predecessors, successors, direct or indirect parents or subsidiaries, affiliates, or related entities. Nothing in this Agreement, including but not limited to the release of claims, confidential information, confidentiality, and non-disparagement provisions, (i) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefit Protection Act, (“OWBPA”), (ii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (iii) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. Although, by signing this Agreement, Employee is waiving rights to individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third party, except for any right Employee may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency or otherwise where prohibited.New York Legal Activities Law,

Appears in 1 contract

Samples: Separation Agreement (Axis Capital Holdings LTD)

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