Release of Employer. In consideration of the promises of Employer set forth in this Agreement, and intending to be legally bound, Executive hereby irrevocably remises, releases and forever discharges all Releasees of and from any and all Claims that he (on behalf of either himself or any other person or persons) ever had, now has or may have against any and all of the Releasees, or which he (or his heirs, executors, administrators or assigns or any of them) hereafter can, shall or may have against any and all of the Releasees, for by reason of any cause, matter, thing, occurrence or event whatsoever relating to or arising out of his employment with Employer. Executive acknowledges and agrees that the Claims released in this Section 6.2 include, but are not limited to, (a) any and all Claims based on any law, statute or constitution or based on contract or in tort on common law, (b) any and all Claims based on or arising under any civil rights laws, such as any Pennsylvania employment laws, or Title VII of the Civil Rights Act of 1964, the Federal Age Discrimination in Employment Act (the “ADEA”), the Americans with Disabilities Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, and similar state and local statutes, laws and ordinances, (c) any and all Claims pertaining to discrimination, harassment, or retaliation, whether based on race, color, religion, gender, age, sexual orientation, handicap and/or disability, national origin, whistle-blowing or any other legally protected class, (d) any and all Claims under any grievance or complaint procedure of any kind, (e) any and all Claims based on or arising out of or related to his recruitment by, employment with, the termination of his employment with, his performance of any services in any capacity for, or any business transaction with, each or any of the Releasees and (f) any and all Claims for attorneys’ fees, including litigation costs and expenses in connection any of the foregoing. Executive also understands, that by signing this Agreement, he is waiving all Claims against any and all of the Releasees released by this Agreement; provided, however, that as set forth in section 7(f)(1)(c) of the ADEA, as added by the Older Workers Benefit Protection Act of 1990, nothing in this Agreement constitutes or shall be construed to constitute a waiver by Executive of any rights or claims that may arise after the date hereof; provided, further, that the foregoing is not intended to release any claim that Ex...
Release of Employer. In consideration for the right to receive the Severance Benefits in accordance with the terms of the Employment Agreement and the mutual promises contained in the Employment Agreement and in this Waiver and Release, Executive (on behalf of the Executive, the Executive’s heirs, administrators, representatives, executors, successors and assigns) hereby releases, waives, acquits and forever discharges the Employer, its predecessors, successors, parents, shareholders, subsidiaries, assigns, agents, current and former directors, officers, employees, partners, representatives, and attorneys, affiliated companies, and all persons acting by, through, under or in concert with the Employer (collectively, the “Released Parties”), from any and all demands, rights, disputes, debts, liabilities, obligations, liens, promises, acts, agreements, charges, complaints, claims, controversies, and causes of action of any nature whatsoever, whether statutory, civil, or administrative, that Executive now has or now may have against any of the Released Parties, arising in whole or in part at any time on or prior to the execution of this Waiver and Release, in connection with the Executive’s employment by the Employer or the termination thereof. EXHIBIT C This release specifically includes, but is not limited to, any claims of discrimination of any kind, breach of contract or any implied covenant of good faith and fair dealing, tortious interference with a contract, intentional or negligent infliction of emotional distress, breach of privacy, misrepresentation, defamation, wrongful termination, or breach of fiduciary duty; provided, however, that the foregoing release shall not release the Employer from the performance of its obligations under this Waiver and Release. Additionally, this release specifically includes, but is not limited to, any claim or cause of action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000 et seq., as amended by the Civil Rights Act of 1991; the Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq.; 42 U.S.C. §§ 1981; the Civil Rights Act of 1991, as amended; Texas Commission on Human Rights Act, Texas Labor Code §§ 21.001 et. seq.; Texas Labor Code §§ 451.001 et seq.; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq.; the Older Workers Benefit Protection Act of 1990; the Employment Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.; the Family and Medical Leave Act; the...
Release of Employer. In consideration of receipt by Employee of the -------------------- additional vested option pursuant to Section 3 hereof, Employee (on behalf of himself, his heirs, estate, successors, assigns, agents, representatives, attorneys, and any other person or entity claimingby, through, under, or because of him) unconditionally releases, acquits, forever discharges, and covenants not to xxx, without limitation, the Employer and its representatives, affiliates, agents, attorneys, insurers, predecessors, successors, assigns, officers, directors, shareholders, employees, parents, subsidiaries, divisions and any person or entity claiming by, through or under any of them (collectively the "Releasees"), from and on each and every right, claim, complaint, demand, cause of action, proceedings, and damages of whatsoever kind or nature which Employee now has, has had, or might have at any time hereafter relating to or arising out of any act, transaction, or occurrence, arising on or before the execution of this Agreement, including without limitation each and every claim for any type of relief or remedy whatsoever based upon any theory whatsoever, whether known or unknown at this time, and specifically including without limitation claims and causes of action relating to or arising out of Employee's employment with the Employer, such as Employee's employment, termination of employment, or the terms and conditions of his employment, including any claims under the Fair Labor Standards Act, the Civil Rights Act of 1964 and 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Texas Unemployment Compensation Act, the Texas Payday Act, the Texas Commission on Human Rights Act, the Texas Workers Compensation Act, and any other federal or state statute or regulation, and including any common law, contractual or tort claims or causes of action. It is the intention of the parties in executing this Agreement, and in receiving the full consideration called for herein, that this Agreement shall be effective as a full and final accord, satisfaction and general release of each and every released matter and each Releasee. In connection with this waiver and relinquishment, Employee acknowledges that he is aware that he and/or his attorneys may hereafter discover claims or facts in addition to or different from those which they, or the other parties hereto, now know or believe to exist with respect to the subject matter of this Agreement, but that it is ...
Release of Employer. Executive agrees on behalf of himself and all of his heirs or personal representatives, to release Employer, all of Employer’s affiliates, including parent companies and subsidiaries, and all of Employer’s present and former officers, directors, agents, employees, employee benefit programs, and the trustees, administrators, fiduciaries, and insurers of such programs, from any and all claims for relief of any kind, whether known to his or unknown, which in any way arise out of or relate to his employment, the termination of his employment with Employer, the Employment Agreement, and concerning events occurring at any time up to the date of this Agreement including, but not limited to, any and all claims of discrimination of any kind and any and all contractual, tort or other common law claims, whether legal or equitable, including under any applicable federal laws, including, but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the American with Disabilities Act, the Equal Pay Act, the Worker Adjustment and Restraining Notification Act, the Employment Retirement Income Security Act, the Family Medical Leave Act, or under any applicable state or local laws or ordinances or any other legal restrictions on Employer’s rights, including the Texas Commission on Human Rights Act. However, the releases set forth herein do not include the release of any claims arising under this Agreement, any rights Executive may have for pension or retirement benefits, any rights for COBRA benefits, any rights Executive may have as a shareholder of Employer.
Release of Employer. In consideration of the obligations of Employer described in Paragraph 2 above, Employee hereby completely releases and forever discharges Employer, its affiliated companies, divisions and entities, its predecessors, successors, and assigns, and its and each of their officers, directors, employees, shareholders and agents (collectively referred to as the “Releasees”) from all claims, rights, demands, actions, liabilities and causes of action of any kind whatsoever, known and unknown, which Employee may have or have ever had against the Releasees (“claims”) including without limitation all claims arising from or connected with Employee’s employment by the Employer and/or the termination thereof, whether based in tort or contract (express or implied) or on federal, state or local law or regulation. Employee has been advised that Employee’s release does not apply to any rights or claims that may arise after the date that this Agreement is signed by the Employee. This Agreement shall not affect Employee’s rights under the Older Workers Benefit Protection Act to have a judicial determination of the validity of the release contained herein. The release of claims set forth in this Agreement shall not include (i) any release of any rights of indemnification that Employee may have in his capacity as an officer of the Company, which may be provided pursuant to the Company’s certificate of incorporation or its bylaws or pursuant to any indemnification agreement entered into by Employee and Employer; (ii) any benefits that Employee has accrued, and to which Employee has become vested, under any employee benefit plan within the meaning of ERISA sponsored by Employer; (iii) Employee’s vested rights, if any, under any stock option grant or stock award pursuant to the terms of such grant agreement or applicable equity award plan; (iv) claims under any applicable insurance policy in accordance with its terms with respect to any liability that Employee may incur as a result of Employee being an employee, officer or other service provider of the Company; (v) any other rights or claims under applicable federal, state or local law that cannot be waived or released by private agreement as a matter of law; (vi) any rights to accrued or vested and unpaid compensation; and (vii) amounts to which Employee is entitled pursuant to the Purchase Agreement.
Release of Employer. The payments and promises set forth in this Agreement are in full satisfaction of all claims, liabilities or obligations of every kind and nature relating to or arising out of the employment relationship between Employee and Employer, including under sections 1 through 6 of the Employment Agreement, whether known or unknown, suspected or unsuspected that Employee has had, or might have as of the date this Agreement is executed by Employee. Subject as set forth herein, Employee, on behalf of himself, his representatives, agents, heirs and assigns, hereby releases and waives any and all claims Employee may have against the Employer and its subsidiaries, successors and assigns (collectively “MFRM Releasees”), whether known or not known, relating to or arising out of the employment relationship between Employee and Employer, including, without limitation, claims under sections 1 through 6 of the Employment Agreement, claims of unlawful discharge relating to the employment relationship, breach of any employment-related contract, defamation occurring during the course of employment, physical injury sustained in the course of employment, emotional distress in the course of employment, claims for additional compensation or benefits arising out of Employee’s employment or separation of employment, claims for interest, penalties, and/or attorney’s fees arising out of Employee’s employment or separation of employment, claims under Title VII of the 1964 Civil Rights Act, as amended arising out of Employee’s employment or separation of employment, the California Fair Employment and Housing Act arising out of Employee’s employment or separation of employment, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act, and any other laws and/or regulations relating to employment or employment discrimination. Notwithstanding anything to the contrary in this Agreement, this release does not apply to any claims that may not be validly released or waived by law, and does not apply to (i) any claims that arise out of or are subject to (A) this Agreement, or (B) Employee’s Indemnification Agreement (which shall remain in full force and effect, including with respect to any claims arising on or prior to the Separation Date), (ii) any provision of the Employment Agreement other than sections 1 through 6 thereof, and (iii) any other agreement or relationship between Employee and Employer that is unrelated to the employment relati...
