Xxxxxxx Release. (a) In consideration of the covenants set forth in this Agreement, and except as expressly set forth herein, Xx. XxXxxxx for himself, his heirs, executors, successors and assigns (collectively the “XxXxxxx Releasors”) hereby knowingly and voluntarily releases, absolves and discharges GCAC and each of its past, present and future officers, partners, attorneys, agents, administrators, employee benefits plans or funds and the fiduciaries thereof, directors, employees, shareholders, affiliates, representatives, or assigns and successors, past and present, including but not limited to Xxxxx X. Xxxx, Xxxxxx Xxxxxx, Xxxxxx X. Xxxxxxxx, Xxxx X. Xxxx, Xxxxxx X. Xxxxxxxx, Xxxx Xxxxxxx and Xxxxxx Xxxxxx (collectively the “GCAC Releasees”) from all rights, claims, demands, obligations, damages, losses, causes of action and suits of all kinds and descriptions, legal and equitable, known and unknown (collectively, “Claims”), that any of the XxXxxxx Releasors may have or ever has had against the GCAC Releasees from the beginning of time to the date of this Agreement, including, but not limited to, any such Claims arising out of, but not limited to, any right of Xx. XxXxxxx or of any person arising under any law, statute, constitution, regulation, ordinance, duty, contract, covenant, or order, or any liability in connection with his employment with GCAC, arising under or in connection with the GCAC Employment Agreement or the XxXxxxx Letters, or for any act of age discrimination or other impermissible form of harassment, retaliation or discrimination by the GCAC Releasees against Xx. XxXxxxx or any other person, as prohibited by any state or federal statute or common law, including, but not limited to, the Age Discrimination in Employment Act of 1967, the whistleblower provision of the Xxxxxxxx-Xxxxx Act of 2002, the Foreign Corrupt Practices Act of 1977, the Employee Retirement Income Act of 1974, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, the Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq., the California Fair Employment and Housing Act, Cal. Gov’t Code §§ 12940 et seq., the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the California Labor Code, and the California Constitution, each as amended (the “XxXxxxx Released Matters”). In addition to the above, the XxXxxxx Released Matters include, but are not limited to, Claims for employment discrimination, wrongful termination, retaliation, constructive termination, violation of public po...
Xxxxxxx Release. In consideration for the payments and benefits described above and for other good and valuable consideration, Xxxxxx hereby releases and forever discharges the Company, as well as its affiliates and all of their respective directors, officers, employees, members, agents, and attorneys, of and from any and all manner of actions and causes of action, suits, debts, claims, and demands whatsoever, in law or equity, known or unknown, asserted or unasserted, which he ever had, now has, or hereafter may have on account of his service with the Company, the termination of his service with the Company, and/or any other fact, matter, incident, claim, injury, event, circumstance, happening, occurrence, and/or thing of any kind or nature which arose or occurred prior to the date when he executes this Agreement, including, but not limited to, any and all claims for wrongful termination; breach of any implied or express employment contract; unpaid compensation of any kind; breach of any fiduciary duty and/or duty of loyalty; breach of any implied covenant of good faith and fair dealing; negligent or intentional infliction of emotional distress; defamation; fraud; unlawful discrimination, harassment; or retaliation based upon age, race, sex, gender, sexual orientation, marital status, religion, national origin, medical condition, disability, handicap, or otherwise; any and all claims arising under arising under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”); the Equal Pay Act of 1963, as amended (“EPA”); the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act of 1990, as amended (“ADA”); the Family and Medical Leave Act, as amended (“FMLA”); the Employee Retirement Income Security Act of 1974, as amended ("ERISA"); the Xxxxxxxx-Xxxxx Act of 2002, as amended (“SOX”); the Worker Adjustment and Retraining Notification Act of 1988, as amended (“WARN”); and/or any other federal, state, or local law(s) or regulation(s); any and all claims for damages of any nature, including compensatory, general, special, or punitive; and any and all claims for costs, fees, or other expenses, including attorneys' fees, incurred in any of these matters (the “Release”). Nothing contained herein shall release the Company from its obligations set forth in this Agreement.
Xxxxxxx Release. The Stewards shall be permitted to leave their work station, after the expiration of the first hour of their shift, to investigate and present grievances to the Employer, without loss of pay; after notifying their Supervisor of the purpose of their activity and recording their time according to Departmental practice. The Supervisor shall grant permission forthwith, for the Stewards to leave their work station, subject to emergency exceptions. The privilege of the Stewards leaving their work station during working hours without loss of pay is subject to the understanding that their time will be devoted to the proper processing of grievances and will not be abused. Upon entering any County Department in the fulfillment of their duties, the Stewards shall notify the Department Head or Departmental Supervisor of their presence and purpose.
Xxxxxxx Release. The Housing Department shall grant necessary and reasonable amount of time off during straight time working hours to the Xxxxxxx who must necessarily be present for direct participation in grievance adjustments with management. Such Xxxxxxx shall first receive permission from such Xxxxxxx’x supervisor to leave the Xxxxxxx’x work station, and shall report back promptly when such Xxxxxxx’x part in the grievance adjustment has been completed.
Xxxxxxx Release. The Union shall not transact Union business on the Employer’s time except as provided in this Agreement. A Xxxxxxx shall request and receive permission from their immediate supervisor to leave his/her job to investigate and adjust grievances and such permission shall, except in emergency situations, be granted without unreasonable delay. The parties recognize that a xxxxxxx may need a reasonable time within which to consult with a grievant. To that end the xxxxxxx and the grievant shall be entitled to a reasonable period of time for the purpose of determining the subject matter and circumstances of the particular matter then in dispute. The xxxxxxx and the grievant may discuss the matter in a private place, the location of which shall be determined at the time considering the circumstances. When a xxxxxxx is requested, one will be provided if available, without unreasonable delay.
Xxxxxxx Release. X. Xxxxxxx shall have executed the Xxxxxxx Release. ---------------
Xxxxxxx Release. In consideration of the promises, covenants and other valuable consideration provided by Radiologix in this Agreement, and to fully compromise and settle any and all claims and causes of action of any kind whatsoever except as provided in this Agreement, Xxxxxx hereby unconditionally releases and discharges Radiologix and its current and former employees, officers, agents, directors, shareholders and affiliates and Radiologix's contracted radiology practices and their respective current and former employees, officers, agents, directors, shareholders and affiliates (collectively referred to as "Released Parties") from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorneys' fees) of any nature whatsoever, known or unknown, contingent or non-contingent (collectively, "Claims"), that Xxxxxx has as of the date of this Agreement, including, but not limited to, those arising (i) out of Xxxxxx'x hiring, employment, termination of employment with Radiologix and (ii) under federal or state law, including, but not limited to, the Age Discrimination in Employment Act of 1967, 42 U.S.C. Sections 1981-1988, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the Workers Adjustment and Retraining Act, the Americans with Disabilities Act of 1990, the Texas Labor Code, the Texas Commission on Human Rights Act, the Texas Payday Act, Chapter 38 of the Texas Civil Practices and Remedies Code, and any provision of the state or federal Constitutions or Texas common law. This release includes, but is not limited to, any claims Xxxxxx may have for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, overtime, and any other compensation or benefit of any nature. This Release also includes, but is not limited to, all common law claims such as claims for wrongful discharge, breach of express or implied contract, implied covenant of good faith and fair dealing, intentional infliction of emotional distress, defamation, conspiracy, invasion of privacy, or tortious interference with current or prospective business relationships. Furthermore, Xxxxxx agrees and relinquishes any right to re-employment with Radiologix ...
Xxxxxxx Release. Upon execution of this Agreement and subject to the complete fulfillment and performance of all conditions set forth herein, Xxxxxx together with its respective predecessors, affiliates, assigns, representatives, agents, attorneys, partners, employees and insurers hereby fully releases, remises, forgives and discharges (collectively “Releases”) Cerus, together with its respective predecessors, affiliates, assigns, representatives, agents, attorneys, partners, employees and insurers from all claims, actions and causes for action (whether at law, in equity, or otherwise), disputes, demands, counterclaims, arbitrations, duties, debts, suits, damages, obligations, costs, expenses, liens, liabilities, accounts, reckonings, rights, rights of action, rights of indemnity (whether legal or equitable), rights of subrogation, rights to contribution, defenses, setoffs and remedies of any nature whatsoever, (collectively “Claims”) whether known or unknown, which Xxxxxx has, or ever had, or, may hereafter have, for, upon, or by reason of any matter, cause, or thing, of any nature whatsoever, except as set forth in Section 10.3 of the Restructuring Agreement, occurring at any time or times up to the date of this Agreement (but not including obligations under this Agreement); in each case solely to the extent arising out of any failures of Cerus to have performed any of its obligations under the Platelet Agreement, the RBC/FFP Agreement, and the February 2005 Agreements. Xxxxxx acknowledges and affirms that it is not relying on, and has not relied on, any representation or statement made by Cerus with respect to the facts involved in this release or with regard to the rights or asserted rights of Xxxxxx. Xxxxxx hereby assumes all risk with respect to any mistakes of fact with regard to this release and with regard to all facts which are now unknown to Xxxxxx relating thereto.
Xxxxxxx Release. Of APS&EE Xxxxxx, and on behalf of the released parties, by this Agreement, waive all rights to institute any form of legal action against APS&EE, its shareholders, directors, members, officers, employees, attorneys, experts, successors and assignees for actions or statements made or undertaken, whether in the course of investigating claims or seeking enforcement of Proposition 65 against Xxxxxx in this matter. If any Releasee or Downstream Releasee should institute any such action, then APS&EE’s release of said Releasee or Downstream Releasee in this Agreement shall be rendered void and unenforceable.
Xxxxxxx Release. Xxxxxxx hereby irrevocably releases TOUR from any and all claims, actions, causes of action, suits, rights, claims, demands, defenses, counterclaims of any kind or nature whatsoever, in law or in equity, whether known or unknown, contingent or accrued, liquidated or unliquidated, that were, or could have been, brought in, related to and/or in connection with the Legacy Agreement, including, without limitation, in the Bankruptcy Case, and/or otherwise pertaining to Xxxxxxx or Xxxxxxx’x bankruptcy estate, whether arising before, upon, or after the commencement of the Xxxxxxx’x bankruptcy case (collectively, “Xxxxxxx Released Claims”). Notwithstanding the foregoing, nothing herein shall release TOUR from any claims arising under Section 9 of the Legacy Agreement.
