Common use of Release of Claims and Waiver of Rights Clause in Contracts

Release of Claims and Waiver of Rights. In consideration of the payments and benefits being provided to me under Sections 5 through 10 (inclusive) of the Letter Agreement (the “Letter Agreement”), dated December 11, 2006, between me and Pall Corporation (the “Company”), I, Xxxxxx Xxxxxx, hereby release, remise and acquit Company, its parent, subsidiaries and affiliates, and their respective officers, directors, managers, supervisors, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities, present or future, known or unknown, that I, my heirs, successors or assigns might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from the beginning of time to and including the date on which this General Release is signed. The terms “claims, obligations, or liabilities” (whether denominated claims, demands, causes of action, obligations, damages or liabilities) include, but are not limited to, any and all claims under any contract with the Company (other than the Letter Agreement), claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common or statutory law; claims for unpaid salary, commission or fringe benefits; or any other statutory claim before any state or federal court, tribunal or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of the Letter Agreement, (b) pay me the 2006 Bonus Payment, (c) cause my accrued benefits under all of the Company’s tax-qualified and non-qualified retirement, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policy.

Appears in 1 contract

Samples: Letter Agreement (Pall Corp)

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Release of Claims and Waiver of Rights. (a) In consideration of the payments and other benefits being provided to me under Sections 5 through 10 (inclusive) pursuant to the terms of the a Letter Agreement (the “Letter Agreement”)dated July 30, dated December 11, 20062013, between me and Pall Open Text Corporation (the “Company”), which payments and benefits represent good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Consideration”), I, Xxxxxx XxxxxxXxx Xxxxxxx, hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including legal fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under my Employment Agreement dated as of December 1. 2012, and any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express complaints or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common or statutory law; claims for unpaid salary, commission or fringe benefits; or any other statutory claim before any state or federal court, tribunal or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled recourses pursuant to the terms of Human Rights Code, the Letter AgreementEmployment Standards Act, (b) pay me 2000, the 2006 Bonus PaymentPay Equity Act, (c) cause my accrued benefits the Workplace Safety and Insurance Act, the Occupational Health and Safety Act, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all of the Company’s tax-qualified and non-qualified retirement, pension and welfare benefit plans, policies and arrangements as amended from time to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policytime.

Appears in 1 contract

Samples: Open Text Corp

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and benefits being provided to me under Sections 5 through 10 (inclusiveSection 6(a) of the Letter Agreement employment agreement (the “Letter Employment Agreement”)) dated [•], dated December 112012, 2006as it may have been amended to the date hereof, between me and Pall Open Text Corporation (the “Company”), those payments and benefits being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Payments”), I, Xxxxxx Xxxxxx[•], hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including attorneys fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the termination of such employment or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under or pursuant to the Ontario Human Rights Code, as amended, any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common complaints or statutory law; claims for unpaid salaryentitlement to wages, commission or fringe benefits; termination pay, severance pay, vacation pay or any other statutory claim before payments under the Employment Standards Act, 2000, as amended, and any state claims or federal court, tribunal complaints under or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of Pay Equity Act, as amended, the Letter AgreementWorkplace Safety and Insurance Act, (b) pay me as amended, the 2006 Bonus PaymentOccupational Health and Safety Act, (c) cause my accrued benefits as amended, or under all of applicable privacy legislation, including the Company’s tax-qualified Personal Information Protection and non-qualified retirementElectronic Documents Act, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policyamended.

Appears in 1 contract

Samples: Employment Agreement (Open Text Corp)

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and benefits being provided to me under Sections 5 through 10 (inclusiveSection 6(a) of the Letter Agreement employment agreement (the “Letter Employment Agreement”)) dated XXX, dated December 11, 20060000 as it may have been amended to the date hereof, between me and Pall Open Text Corporation (the “Company”), those payments and benefits being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Payments”), I, Xxxxxx XxxxxxXxxxx Xxxxxxxx, hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including attorneys fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the termination of such employment or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under or pursuant to the Ontario Human Rights Code, as amended, any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common complaints or statutory law; claims for unpaid salaryentitlement to wages, commission or fringe benefits; termination pay, severance pay, vacation pay or any other statutory claim before payments under the Employment Standards Act, 2000, as amended, and any state claims or federal court, tribunal complaints under or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of Pay Equity Act, as amended, the Letter AgreementWorkplace Safety and Insurance Act, (b) pay me as amended, the 2006 Bonus PaymentOccupational Health and Safety Act, (c) cause my accrued benefits as amended, or under all of applicable privacy legislation, including the Company’s tax-qualified Personal Information Protection and non-qualified retirementElectronic Documents Act, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policyamended.

Appears in 1 contract

Samples: Employment Agreement (Open Text Corp)

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and benefits being provided to me under Sections 5 through 10 (inclusiveSection 6(a) of the Letter Agreement employment agreement (the “Letter Employment Agreement”)) dated July 30, dated December 112014, 2006as it may have been amended to the date hereof, between me and Pall Open Text Corporation (the “Company”), those payments and benefits being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Payments”), I, Xxxxxx XxxxxxXxxx X. Xxxxxxxxx, hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including attorneys fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the termination of such employment or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under or pursuant to the Ontario Human Rights Code, as amended, any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common complaints or statutory law; claims for unpaid salaryentitlement to wages, commission or fringe benefits; termination pay, severance pay, vacation pay or any other statutory claim before payments under the Employment Standards Act, 2000, as amended, and any state claims or federal court, tribunal complaints under or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of Pay Equity Act, as amended, the Letter AgreementWorkplace Safety and Insurance Act, (b) pay me as amended, the 2006 Bonus PaymentOccupational Health and Safety Act, (c) cause my accrued benefits as amended, or under all of applicable privacy legislation, including the Company’s tax-qualified Personal Information Protection and non-qualified retirementElectronic Documents Act, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policyamended.

Appears in 1 contract

Samples: Employment Agreement (Open Text Corp)

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Release of Claims and Waiver of Rights. (a) In consideration of the any payments and benefits being provided to me under Sections 5 through 10 (inclusiveSection 6(a) of the Letter Agreement employment agreement (the “Letter Employment Agreement”)) dated [●], dated December 112012, 2006as it may have been amended to the date hereof, between me and Pall Open Text Corporation (the “Company”), those payments and benefits being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Payments”), I, Xxxxxx Xxxxxx[●], hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including attorneys fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the termination of such employment or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under or pursuant to the Ontario Human Rights Code, as amended, any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common complaints or statutory law; claims for unpaid salaryentitlement to wages, commission or fringe benefits; termination pay, severance pay, vacation pay or any other statutory claim before payments under the Employment Standards Act, 2000, as amended, and any state claims or federal court, tribunal complaints under or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of Pay Equity Act, as amended, the Letter AgreementWorkplace Safety and Insurance Act, (b) pay me as amended, the 2006 Bonus PaymentOccupational Health and Safety Act, (c) cause my accrued benefits as amended, or under all of applicable privacy legislation, including the Company’s tax-qualified Personal Information Protection and non-qualified retirementElectronic Documents Act, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policyamended.

Appears in 1 contract

Samples: Employment Agreement (Open Text Corp)

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and benefits being provided to me under Sections 5 through 10 (inclusiveSection 6(a) of the Letter Agreement employment agreement (the “Letter Employment Agreement”), ) dated December September 11, 20062014 as it may have been amended to the date hereof, between me and Pall Open Text Corporation (the “Company”), those payments and benefits being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Payments”), I, Xxxxxx XxxxxxXxxx X. Xxxxxxx, hereby release, remise and acquit Company, its parentpresent and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilitiesliabilities (including attorneys fees and expenses), present asserted or futureunasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever from related to my employment (or termination of my employment) with the beginning of time Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the termination of such employment or the obligations, statutory, contractual or liabilities” (whether denominated claimsotherwise, demandsof the Company to me in respect thereof, causes of actionincluding, obligations, damages or liabilities) include, but are not limited towithout limitation, any and all claims under or pursuant to the Ontario Human Rights Code, as amended, any contract with the Company (other than the Letter Agreement)claims, claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising under any federal, state, or local common complaints or statutory law; claims for unpaid salaryentitlement to wages, commission or fringe benefits; termination pay, severance pay, vacation pay or any other statutory claim before payments under the Employment Standards Act, 2000, as amended, and any state claims or federal court, tribunal complaints under or administrative agency, arising out of or in any way related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of Pay Equity Act, as amended, the Letter AgreementWorkplace Safety and Insurance Act, (b) pay me as amended, the 2006 Bonus PaymentOccupational Health and Safety Act, (c) cause my accrued benefits as amended, or under all of applicable privacy legislation, including the Company’s tax-qualified Personal Information Protection and non-qualified retirementElectronic Documents Act, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment with the Company in accordance with Company policyamended.

Appears in 1 contract

Samples: Employment Agreement (Open Text Corp)

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