Second Release. In consideration for the Severance Benefits described in the attached agreement, I, Executive hereby fully, forever, irrevocably and unconditionally release, remise and discharge Playa Management USA, LLC, Playa Hotel & Resorts, N.V., Playa Resorts Management, LLC,, and their related affiliates, subsidiaries, parents, predecessors, and successors, and all of their respective past and present officers, directors, stockholders, partners, members, executives, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the “Released Parties”) from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, and expenses (including attorneys’ fees and costs), of every kind and nature that Executive ever had or now has against any or all of the Released Parties, including, but not limited to, any and all claims arising out of or relating to Executive’s employment with and/or separation from the Company, including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Age Discrimination in Employment Act, the Genetic Information Nondiscrimination Act of 2008, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, the Rehabilitation Act of 1973, Executive Order 11246, Executive Order 11141, the Fair Credit Reporting Act, Sections 1981 and 1983 of the Civil Rights Act of 1866, Sections 1981 through 1988 of Title 42 of the United States Code, as amended, the Immigration Reform and Control Act, the Equal Pay Act, any local, state, federal or foreign whistleblower statute, regulation, ordinance or law, including the Florida Whistleblower Act of 1986 and 1991, the Fair Labor Standards Act, the Consolidated Omnibus Reconciliation Act, the Occupational Safety and Health Act, the Fair Credit Reporting Act, the Older Workers’ Benefits Protection Act, and the Executive Retirement Income Security Act of 1974, the Florida Civil Rights Act, the Virginia Human Rights Act, the Virginians with Disabilities Act, the Virginia Equal Pay Act, the Virginia Genetic Testing Law, the Virginia Occupational Safety and Health Act, th...
Second Release. Largo Vista will release the second (2nd) batch of 33,333,333 shares of its common stock to Shanghai Oil and/or its designated beneficiaries one (1) year after the First Release.
Second Release. Xx. Xxxxxxxxx also agrees to execute a second release of claims acceptable to CH2M upon the end of the Retirement Transition Period containing substantially identical language to Sections 4, 5 and 7 through 9 hereof. (See Attachment A, hereto.)
Second Release. In consideration of the payments specified in Option 1 of Paragraph 1 of my Transition Employment Agreement of , 2008 with the Company (the “Agreement”), upon the Effective Date as defined below, I, on behalf of myself and my heirs, executors, administrators, assigns, successors and legal representatives, release and forever discharge the Company, its affiliates, parent or subsidiary entities or corporations, and its and their officers, directors, shareholders, employees, agents, representatives, insurers, successors and assigns (“Company Affiliates”), from any and all claims, liabilities, demands, sums of money, agreements, promises, damages, sums of money, costs or expenses, attorneys fees, causes of action and liabilities of any kind or character whatsoever, including all known and unknown claims, arising after the date of the Agreement and before the Effective Date (as hereafter defined), which I now have or may hereafter have against the Company or any Company Affiliate (other than the obligations described in the Agreement). My release includes any claims or causes of action I might have under any local, federal or state law, including the Illinois Human Rights Act; the Federal Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1964, as amended; the Americans [Employee] Date Page 7 with Disabilities Act; the Equal Pay Act; the Employee Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993; the Civil Rights Act of April 9, 1866; the Federal Occupation Safety and Health Act; and the Chicago Human Rights Ordinance. This Second Release will become effective on the date that I sign and return copies of the Second Release to the Company (the “Effective Date”). Approved and Accepted this day of , 2008. _______________________________ Employee
Second Release. In exchange for signing the Release a second time and subject to compliance with the restrictive covenants in the Employment Agreement, including but not limited to, the non-disparagement provisions, Employee will be eligible to receive the severance payments and benefits set forth in Sections 6.1(b), (d), (e), and (f) of the Employment Agreement (the “Severance Benefits”). For the avoidance of doubt, after the Termination Date, Employee will be eligible to performance-vest only in (i) the portion of the Employee’s 2021-2025 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2025, (ii) the portion of the Employee’s 2022-2024 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2024, and (iii) the portion of the Employee’s 2023-2025 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2025, in each case subject to actual Company performance. Following the Termination Date, Employee will be eligible for outplacement services available to all senior executives of the Company.
Second Release. In exchange for signing the Release a second time, Employee will be eligible to receive the severance payments and benefits set forth in Sections 6.1(b), (d), (e), and (f) of the Employment Agreement (the “Severance Benefits”). Following the Termination Date, and provided Employee fully cooperates and timely provides the requested services through February 24, 2022 and otherwise complies with the restricted covenants in the Employment Agreement, including, but not limited to, the non-disparagement provisions, then Employee’s 2020 back half bonus units will fully vest on February 24, 2022 pursuant to his 2020 Back-Half Incentive Unit Award under the 2016 Omnibus Incentive Plan (the “2020 Back-Half Units”) as if he were employed on February 24, 2022. Following the Termination Date, Employee will be eligible for outplacement services available to all senior executives of the Company.
Second Release. In exchange for the Severance Payment specified in Section 2 and other good and valuable consideration, you agree that you will sign the Release of Claims, in the form attached hereto as Exhibit A, on December 31, 2012.
Second Release. No sooner than the Employment Resignation Date, and no later than March 23, 2012, Employee will sign the Second Release of All Claims (“Second Release”), attached as Exhibit A to this Agreement. Employee acknowledges that he will have received a period of 21 days after the date he received it and after the Employment Resignation Date to consider the Second Release before he is required to sign it. In addition, after Employee signs the Second Release, Employee will have seven days in which he may revoke the Second Release. If Employee does not revoke his acceptance of the Second Release before the 8th day after he actually signs the Second Release (the “Second Release Limitation Date”), Employee may not thereafter revoke the Second Release. If Employee fails to sign the Second Release by March 23, 2012, or timely signs the Second Release but revokes it prior to the Second Release Limitation Date, then Employee shall not be entitled to receive any additional Payments that would otherwise be made after the Employment Resignation Date. Under such circumstances, the remaining terms of this Agreement (excluding only the terms of Exhibit A and Employer’s obligations to make such additional Payments) shall continue in full force and effect.
Second Release. Upon a Successful Transition, as a condition of, and prerequisite to, receiving the Contractual Severance Benefits and Transaction Payment, Employee shall execute and return to the Company a further waiver and release (the “Second Release”) covering any rights or claims that may have arisen during the Transition Period, up to and including the date of the execution of the Second Release.
Second Release. Within two (2) Business Days following satisfaction of or ATSI's waiver of all of ATSI's conditions precedent described in Section 6 below, Xxxxxx and ATSI will provide the other with a certificate in the form attached as Exhibit 2(b) to this Agreement updating their respective representations and warranties described in Sections 3 and 4 below, or stating any exceptions. Provided there has been no material change in the matters covered by the parties' respective representations and warranties, on the first Business Day following receipt of the officer's certificates (the "Second Release Date") each of Xxxxxx and ATSI will execute and transmit to the Escrow Agent the Second Release of Escrow in the form attached as Exhibit B to the Escrow Agreement (providing for the release to the Xxxxxx Designee of the Second ATSI Shares, the Warrant, the Note, the release to ATSI of the RTorresStock, and the Telemarketing Waiver, the release to Xxxxxx of the 48%Stock and the Telemarketing Stock, and if ATSI had not previously elected to complete the First Release defined in Section 2(b) above, the release to the Xxxxxx Designee of the First ATSI Shares and the release to ATSI of the 3%Stock) (the "Second Release").
