Mutual Release and Waiver of Claims. (a) Except for the obligations undertaken by the Company and SuperStock under this Agreement, the Employment Agreement (to the extent provided for or incorporated in this Agreement), the Executive’s entitlement, if any, to indemnification pursuant to the terms and conditions of the Company’s Directors’ and Officers liability policy and the Executive’s rights pursuant to the terms and conditions of various Common Stock Purchase Warrants held by the Executive, Executive hereby covenants and agrees and releases the Company and SuperStock, and all of their respective Affiliates (as defined below), and their respective employees, officers, directors and agents, from all debts, demands, actions, causes of action, suits, dues, sum and sums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, extents, executions and liabilities and any and all other claims of every kind, nature and description whatsoever (upon any legal or equitable theory, whether contractual, common-law, statutory, federal, state local or otherwise) the Executive (or Executive’s respective successors and assigns) has or hereafter can, shall or may have based on the Executive’s employment by the Company and SuperStock, any events that may have occurred during the course of his employment or the termination of that employment, or any other matters or claims of any kind or nature from the beginning of the world to the Effective Date (including without limitation, those arising out of or which may hereafter be claimed to arise out of the Employment Agreement or Executive’s status as a shareholder of the Company; provided, however, that the foregoing release of the Executive’s shareholder claims shall be effective only through the Termination Date). Without limiting the generality of the foregoing, the scope of this release includes (but is not limited to) a release of any and all claims for unpaid wages or other compensation, breach of contract, wrongful discharge, disability benefits, health and medical insurance, sick leave and employment discrimination. Executive acknowledges and agrees that he is specifically releasing any rights or claims he may have under: the Age Discrimination in Employment Act, which prohibits discrimination in employment based on age; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; t...
Mutual Release and Waiver of Claims. (a) Except as provided in Section 1(b), Xxxxxxxxxxx, for himself and on behalf of his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and assigns (collectively referred to in this Release as “Xxxxxxxxxxx”), hereby unconditionally and forever releases, discharges, and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Xxxxxxxxxxx may have against the Company, its subsidiaries and affiliates, and their employees, officers, directors, shareholders, insurers, representatives, agents, successors, assigns, and third party administrators, including but not limited to TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments, or termination, or arising under any state or federal equal employment law such as Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (as further described in Section 2 below); the Older Workers Benefit Protection Act, the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended; the California Fair Employment and Housing Act; or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment. This Release also includes claims for wrongful discharge; fraud or fraudulent inducement; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; and defamation under any statute, rule, regulation or under the common law.
Mutual Release and Waiver of Claims. Each party, on behalf of itself, and its affiliates and subsidiaries, hereby releases and discharges the other party, together with its affiliates and subsidiaries, from all disputes, complaints, claims, controversies, damages, actions, and causes of action, of any nature whatsoever, known or unknown, relating to alleged breaches under the Separation Agreement, the Master Patent Agreement, the Tassimo Agreement, and any other Spin-Off Agreement, which either party has, or may have had, against the other party, for any acts or omissions related to or arising from: (a) the announced KFG/Heinz Merger and/or (b) the announced MDLZ Coffee Transaction. This Agreement resolves any such claim for relief that has been, or could have been alleged, no matter how characterized, including, without limitation, any claim for any kind of relief, including and kind of injunctive relief, damages, costs and/or attorney’s fees related thereto.
Mutual Release and Waiver of Claims. NRG and Seller shall execute and deliver to Dynegy the Mutual Release and Waiver of Claims, in substantially the form attached hereto as Exhibit C.
Mutual Release and Waiver of Claims. Dynegy shall, and shall cause Buyer, RRP and Termo Alpha to, execute and deliver to NRG and Seller the Mutual Release and Waiver of Claims, in substantially the form attached hereto as Exhibit C.
Mutual Release and Waiver of Claims. Notwithstanding any provision of this instrument to the contrary, Landlord and Tenant hereby each waive all rights of recovery and causes of action which either party has or may have, or which may arise hereafter, against the other, whether caused by negligence or otherwise, for any loss or damage to property or business arising out of or incident to the perils required to be insured against under this Lease; provided, however, that the foregoing waivers apply only to the extent of such insurance coverage and to the extent such waivers do not invalidate any policy of insurance of the parties hereto, now or hereafter issued, it being stipulated that the waiver shall not apply if the application thereof would result in the invalidation of such policy of insurance.
Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated December 12, 2005 (the “Agreement”), as amended by Amendment No. 1 to Employment Agreement dated February __, 2006 (the “Amendment,” and together with the Agreement, the “Amended Agreement”), to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company” ) and Xxxxxxx X. Xxxxxxxx (“Executive”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver” ). In exchange for the consideration provided to Executive by the Amended Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Title VII of the 1964 Civil Rights Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Xxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims ...
Mutual Release and Waiver of Claims a. Except as other expressly provided below in this Paragraph 8(a), Katz, on behalf of herself, her family members, heirs, sucxxxxors and assigns hereby fully waives, releases, and forever discharges the Company, its subsidiary and affiliated entities and anyone connected with them, including but not limited to their past and present officers, directors, attorneys, management staff, employees, and agents, and the parent(s), affiliates, subsidiaries, predecessors, successors, and assigns of each of the foregoing (collectively, the "Releasees") from any and all claims, past, present or future (including claims for costs and attorneys' fees), damages, penalties, demands, actions, liabilities, judgments, liens, losses, indebtedness or causes of action of any kind, known or unknown, suspected or unsuspected, which she ever had or now has against one or more of the Releasees up to and including the date she executes this Agreement. Notwithstanding the foregoing, Katz does not release any rights or claims she may have to indemnxxx and/or defense as more fully described in Paragraph 5, above, or otherwise as a matter of contract, law or equity arising out of or relating to her employment with, or service as a Board Member to, the Company.
Mutual Release and Waiver of Claims. (a) The Consultant and O'Donovan, on behalf of themselves, their families, heirs, executors, xxxxxxxxrators, legal representatives and assigns (collectively referred to in this Section 5 of this Agreement as the "Consultant"), hereby unconditionally and forever releases, discharges and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise which the Consultant may have against the Company, its employees, officers, directors, predecessors, subsidiaries, representatives and agents, and any person or entity which may succeed to the rights and liabilities of any such entities or persons by assignment or otherwise (collectively referred to in this Release as the "Company"), arising at any time on or before the Termination Date, in each case relating to or in connection with the Consultant's engagement by the Company or the termination of the Consulting Agreement, other than with respect to the obligations of the Company to the Consultant under this Agreement. This Section 5 is a release of all claims of any nature whatsoever by the Consultant against the Company, other than with respect to the obligations of the Company to the Consultant under this Agreement, and includes, other than as herein provided, any and all claims, demands, causes of action, liabilities whether known or unknown including those caused by, arising from or related to the Consultant's engagement by the Company including, but without limitation, any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the Termination Date based upon race, color, sex, creed, national origin, age, disability or any other violation of any Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended; or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment. This release also includes claims for wrongful discharge, fraud, or misrepresentation under any statute, rule, regulation or under the common law.
Mutual Release and Waiver of Claims. Each Party, on behalf of itself, and its affiliates and subsidiaries, hereby fully waives, releases and forever discharges the other Party, together with its affiliates and subsidiaries, from all disputes, complaints, claims, controversies, damages, actions, and causes of action, of any nature whatsoever, known or unknown, relating to the Collaboration Agreement.
