Specific Release. Without limiting the foregoing general release, Consultant, for Consultant and Consultant’s past, present and future spouse, heirs, descendants, executors, attorneys, administrators, employees, agents, successors, assigns, representatives and each person or professional corporation, partnership, joint venture, or other entity acting in the name of Consultant or on Consultant’s behalf, forever and irrevocably specifically releases and discharges each member of the Delta Group from any and all claims arising under or in connection with the following federal and state laws, as amended, and all related regulations: Age Discrimination in Employment Act of 1967; Americans with Disabilities Act of 1990; Title VII of the Civil Rights Act of 1964; Civil Rights Act of 1991; Civil Rights Acts of 1866 and 1871; Equal Pay Act of 1963; Family and Medical Leave Act of 1993; National Labor Relations Act; Occupational Safety and Health Act of 1970; Older Workers Benefit Protection Act of 1990; Pregnancy Disability Act of 1978; the Rehabilitation Act of 1973; Executive Order 11246; Colorado Anti-Discrimination Act of 1957; Colorado’s Minimum Wages of Workers Act; Colorado Wage Equality Regardless of Sex Act; Colorado Labor Peace Act; and the common law of the State of Colorado, for compensation, damages, tort, breach of express or implied employment contract, breach of duty of good faith, discrimination, harassment, sexual harassment, wrongful discharge, infliction of emotional distress, defamation, taxes or penalties under the Internal Revenue Code of 1986, as amended, and for any other damages or injuries incurred on the job, in relation to Consultant’s consulting employment or service or the termination thereof, whether with Delta Petroleum Corporation or any of its affiliates, subsidiaries or successors. To the fullest extent permitted by law, Consultant expressly divests standing to bring a claim based upon any item released in this Section 8 or otherwise in this Agreement.
Specific Release a. In consideration of the terms and provisions of this AGREEMENT, the sufficiency of which is acknowledged by the execution of this AGREEMENT, and except as provided in this AGREEMENT, XXXXXXXX shall, and by this AGREEMENT does, fully and forever relieve, release, and discharge TRESTLE and any of their respective parents, subsidiary and affiliated companies, successors, assigns, owners, directors, officers, partners, employees, employee benefit plans or fiduciaries, agents, and stockholders, and each of them, and any and all related individuals and entities, if any, in any and all capacities, of any and all debts, liabilities, demands, obligations, promises, acts, contracts, costs, expenses, attorneys’ fees, damages, actions, and causes of action of every nature, character, and description arising out of, in connection with, or relating to BORSANYI’s RELEASED CLAIMS, including but not limited to any claim under federal, state, or local law of discrimination on the ground of race, age, national origin, gender, disability, sexual orientation, ancestry, handicap, union membership, or marital or veteran status, or of any common law or statutory claim of unpaid wages, benefits, or vacation pay, or of wrongful termination, or constructive wrongful termination, or any other adverse action arising from employment (including but not limited to any claim for emotional distress, wages, bonus pay, severance pay, vacation pay, holiday pay, stock options, stock purchase or sale, or other fringe benefit).
Specific Release. By way of example only and without in any way limiting the generality of the foregoing release language set forth in Section 7A above, Xxxxx’ release includes a complete release of any and all Claims under or based on (i) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.; (ii) the Americans with Disabilities Act of 1991, 42 U.S.C. §1211-1217; (iii) the Rehabilitation Act of 1973, as amended, through 1988; (iv) the Employment Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq.; (v) the Fair Labor Standards Act of 1938, 29 U.S.C. §201 et seq.; (vi) the National Labor Relations Act, 29 U.S.C. §151 et seq.; (vii) the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; (viii) the Wisconsin Fair Employment Law, § 111.33, et seq., Wis. Stats.; (ix) the Wisconsin Family and Medical Leave Act, § 103.10, Wis. Stats.; (x) any other federal, state or local statute, ordinance or regulation dealing in any respect with employment, discrimination or retirement of employment; (xi) any alleged wrongful or retaliatory discharge, breach of an oral or written contract, misrepresentation, defamation, interference with contract or tortuous conduct; and (xii) any alleged breach of fiduciary duty or other claim relating to Xxxxx’ past, current and/or continuing ownership of stock.
Specific Release. The Ross Parties, on behalf of themselves and all of their affiliated, related, or parent companies or entities (the “Ross Releasors”), for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, including in consideration of this Settlement Agreement, hereby release and forever discharge the PubliCARD Parties and their employees, agents, principals, officers, directors, shareholders, investors, affiliated, related or parent companies or entities, their insurers and their attorneys (the “PubliCARD Releasees”) from any and all claims, demands, rights, actions, causes of action, suits, obligations, damages, judgments, contracts, decrees, controversies, liabilities, demands, rights of contribution and/or indemnification, costs, expenses, or attorneys’ fees, of whatever kind or nature, fixed or contingent, liquidated or unliquidated, foreseen or unforeseen, accrued or not accrued, at law or equity, whether individual, class, or derivative in nature, under any statutory, contract, tort or other theory, for intentional or negligent or other wrongdoing, for compensatory, consequential, punitive or exemplary damages or any damages or relief whatsoever, from the beginning of the world to the date present, which the Ross Releasors have, had, or can, shall, or may hereafter have against the PubliCARD Releasees by reason of any matter, cause or thing whatsoever arising out of or related to the complaint in the Lawsuit, the answer and the allegations and defenses contained therein, or arising out of or related to the investments that the Ross Parties made which are the subject of the complaint (the “Specific Released Matters”). The Ross Releasors may, after executing this Agreement, discover facts other than or different from those which they know or believe to be true with respect to the PubliCARD Releasees relating to the Specific Released Matters. Notwithstanding any such discovery of facts, the Ross Releasors waive and fully, finally and forever settle and release any known or unknown, suspected or unsuspected, contingent or noncontingent claim that accrued prior to the entry of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such other or different facts.
Specific Release. Xx agrees not only to release and discharge the Released Parties from any and all claims against the Released Parties that Xx could make on Xx’x own behalf, but also those which may have been or may be made by any other person or organization on Vu’s behalf. Xx specifically waives any right to become, and promises not to become, a member of any class in a case in which any claim or claims are asserted against any of the Released Parties based on any acts or omissions occurring on or before the date of Vu’s signing of this Agreement and Release. If Xx is asserted to be a member of a class in a case against any of the Released Parties based on any acts or omissions occurring on or before the date of Vu’s signing of this Agreement and Release, Vu shall immediately withdraw with prejudice in writing from said class, if permitted by law to do so. Xx agrees that Xx will not encourage or assist any person in filing or pursuing any proceeding, action, charge, complaint, or claim against the Released Parties, except as required by law.
Specific Release. Each of LCI and CCS for itself, and for its respective successors and assigns, shareholders, directors, officers and agents, hereby releases and forever discharges the other and its respective successors and assigns, shareholders, directors, officers and agents, of and from any further obligation, liability, claim, demand and cause of action of every kind and nature arising out of the Founders' Agreement, which it has, had or may have against the other, whether based on statute, common law, rule or regulation, whether in law or in equity, whether liquidated or unliquidated, whether known or unknown, for, upon, or by reason of any matter, cause or thing, whatsoever, on or at any time before the date of this Agreement.
Specific Release. Executive agrees not only to release and discharge the Released Parties from any and all claims against the Released Parties that Executive could make on Executive’s own behalf, but also those which may have been or may be made by any other person or organization on Executive’s behalf. Executive specifically waives any right to become, and promises not to become, a member of any class in a case in which any claim or claims are asserted against any of the Released Parties based on any acts or omissions occurring on or before the date of Executive’s signing of this Agreement and Release. If Executive is asserted to be a member of a class in a case against any of the Released Parties based on any acts or omissions occurring on or before the date of Executive’s signing of this Agreement and Release, Executive shall immediately withdraw with prejudice in writing from said class, if permitted by law to do so. Executive agrees that Executive will not encourage or assist any person in filing or pursuing any proceeding, action, charge, complaint, or claim against the Released Parties, except as required by law.
Specific Release. Without limiting in any way the General Release provided in Paragraph 5 of this Agreement, and notwithstanding any provision anywhere to the contrary, Associate specifically releases and forever discharges PPM, its directors, officers, employees and agents, from all claims, known and unknown, that Associate might now have:
Specific Release. Kxxxxx agrees not only to release and discharge the Released Parties from any and all claims against the Released Parties that Kxxxxx could make on Kxxxxx’x own behalf, but also those which may have been or may be made by any other person or organization on Kxxxxx’x behalf. Kxxxxx specifically waives any right to become, and promises not to become, a member of any class in a case in which any claim or claims are asserted against any of the Released Parties based on any acts or omissions occurring on or before the date of Kxxxxx’x signing of this Agreement and Release. If Kxxxxx is asserted to be a member of a class in a case against any of the Released Parties based on any acts or omissions occurring on or before the date of Kxxxxx’x signing of this Agreement and Release, Kxxxxx shall immediately withdraw with prejudice in writing from said class, if permitted by law to do so. Kxxxxx agrees that Kxxxxx will not encourage or assist any person in filing or pursuing any proceeding, action, charge, complaint, or claim against the Released Parties, except as required by law.
Specific Release. XXXXX and CITY specifically agree they shall not in the future file, participate in, instigate or encourage the filing of any lawsuits, complaints, charges or any other proceedings (including, but not limited to, Workers’ Compensation claim(s)) in any state or federal court or before any local, state, or federal agency, administrative tribunal, quasi- administrative tribunal or person, claiming the other PARTY or RELEASED PARTIES have violated any local, state or federal laws, statutes, ordinances or regulations or claiming the RELEASED PARTIES have engaged in any tortious, other state, or other federal based misconduct of any kind, related to XXXXX’X purported employment with CITY and based upon any events occurring prior to the date of XXXXX’X execution of this AGREEMENT.
