Common use of Total Benefits Clause in Contracts

Total Benefits. After the Retirement Date, Employee will not be eligible to receive any other salary, bonus, or benefits from the Company other than as provided elsewhere in paragraph I. 2. Release and Waiver. (a) Employee, on his own behalf, and on behalf of his heirs, executors, and administrators, does hereby release and forever discharge the Company, its parent, affiliates, officers, directors, employees, agents, successors and assigns, attorneys, and administrators (collectively, "Releasees") from all causes of action, suits, claims, and demands of any kind, in law or in equity, which Employee ever had, now has, or hereafter may have, whether known or unknown, from the beginning of Employee's employment to the date of the execution of this Agreement arising from or relating in any way to Employee's employment relationship with Company, the terms and conditions of that employment relationship, and the tennination of that employment relationship, including, but not limited to, any claims arising under any applicable Company severance plan(s), the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, Title Vll of The Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the ▇▇▇▇ County Human Rights Ordinance, Washington State Human Rights Commission regulations and enforcement authorities as each may have been amended, and any other claims under any federal, state, or local common law, statutory law, or regulatory provision, now or hereafter recognized, and any claims for attorneys' fees and costs. This Agreement is effective without regard to the legal nature of the claims raised and without regard to whether any such claims are based upon tort, equity, implied or express contract, or discrimination of any sort. (b) To the fullest extent permitted by law, and subject to the provisions of paragraph 2(d) below, Employee represents and affirms that (i) Employee has not filed or caused to be filed on Employee's behalf any claim for relief against the Company or any Releasee; and (ii) as of the Retirement Date, Employee has no knowledge of any improper, unethical, or illegal conduct or activities by the Company or any Releasee that Employee has not already reported to a supervisor, manager, department head, human resources representative, in-house counsel, or to the Company's ethics hotline. (c) The release of claims described in paragraphs 2(a) and 2(b) of this Agreement does not preclude Employee from filing a charge with the U.S. Equal Employment Opportunity Commission or the relevant state fair employment agency. This Agreement will, however, constitute an absolute bar to Employee's recovery of any damages or additional compensation, including attorneys fees, from the Company arising out of or in cormection with any such claim. Employee will not be entitled to recover and agrees to waive any monetary benefits or recovery against the Company in connection with any such claim, charge or proceeding without regard to who has brought such Complaint or charge. Employee further agrees that if any agency or court assumes jurisdiction over any claim against the Company or any of the Releasees on behalf of or otherwise for the benefit of Employee, Employee will direct that agency or court to withdraw from or dismiss with prejudice the claim. Additionally, this release of claims does not preclude Employee from filing claims based on (i) events that arise after the date of the execution of this Agreement; (ii) any rights to indemnification that Employee may have pursuant to the Company's bylaws, statutory, or common law; or (iii) any claims which cannot be waived as a matter oflaw. (d) Subject to the provisions of paragraph 2(c) of this Agreement, Employee agrees that Employee will not file, claim, ▇▇▇, or cause or permit to be filed, any civil action, suit, or legal proceeding seeking equitable or monetary relief (including damages, injunctive, declaratory, monetary or 3

Total Benefits. After the Retirement Date, Employee will not be eligible to receive any other salary, bonus, or benefits from the Company other than as provided elsewhere in paragraph I. 2. Release and Waiver. (a) Employee, on his own behalf, and on behalf of his heirs, executors, and administrators, does hereby release and forever discharge the Company, its parent, affiliates, officers, directors, employees, agents, successors and assigns, attorneys, and administrators (collectively, "Releasees") from all causes of action, suits, claims, and demands of any kind, in law or in equity, which Employee ever had, now has, or hereafter may have, whether known or unknown, from the beginning of Employee's employment to the date of the execution of this Agreement arising from or relating in any way to Employee's employment relationship with Company, the terms and conditions of that employment relationship, and the tennination of that employment relationship, including, but not limited to, any claims arising under any applicable Company severance plan(s), the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, Title Vll VII of The Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the ▇▇▇▇ County Human Rights Ordinance, Washington State Human Rights Commission regulations and enforcement authorities as each may have been amended, and any other claims under any federal, state, or local common law, statutory law, or regulatory provision, now or hereafter recognized, and any claims for attorneys' fees and costs. This Agreement is effective without regard to the legal nature of the claims raised and without regard to whether any such claims are based upon torttmt, equity, implied or express contract, or discrimination of any sort. (b) To the fullest extent permitted by law, and subject to the provisions of paragraph 2(d) below, Employee represents and affirms that (i) Employee has not filed or caused to be filed on Employee's behalf any claim for relief against the Company or any Releasee; and (ii) as of the Retirement Date, Employee has no knowledge of any improper, unethical, or illegal conduct or activities by the Company or any Releasee that Employee has not already reported to a supervisor, manager, department head, human resources representative, in-house counsel, or to the Company's ethics hotline. (c) The release of claims described in paragraphs 2(a) and 2(b) of this Agreement does not preclude Employee from filing a charge with the U.S. Equal Employment Opportunity Oppmtunity Commission or the relevant state fair employment agency. This Agreement will, however, constitute an absolute bar to Employee's recovery of any damages or additional compensation, including attorneys fees, from the Company arising out of or in cormection connection with any such claim. Employee will not be entitled to recover and agrees to waive any monetary benefits or recovery against the Company in connection with any such claim, charge or proceeding without regard to who has brought such Complaint or charge. Employee further agrees that if any agency or court assumes jurisdiction over any claim against the Company or any of the Releasees on behalf of or otherwise for the benefit of Employee, Employee will direct that agency or court to withdraw from or dismiss with prejudice the claim. Additionally, this release of claims does not preclude Employee from filing claims based on (i) events that arise after the date of the execution of this Agreement; (ii) any rights to indemnification that Employee may have pursuant to the Company's bylaws, statutory, or common law; or (iii) any claims which cannot be waived as a matter oflaw. (d) Subject to the provisions of paragraph 2(c) of this Agreement, Employee agrees that Employee will not file, claim, ▇▇▇, or cause or permit to be filed, any civil action, suit, or legal proceeding seeking equitable or monetary relief (including damages, injunctive, declaratorydeclaratmy, monetary or 3