Common use of Claims Released Clause in Contracts

Claims Released. I release the Company and each of its current or former parents, subsidiaries, related entities, successors and affiliates, and all of their employees, directors, officers, agents, and related parties, from all known or unknown claims that I presently may have arising out of my employment with, termination by, or separation from, the Company. The claims I am releasing include, for example, claims under the WARN Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Americans With Disabilities Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Rehabilitation Act, the Services Employment and Reemployment Rights Act, or any other federal, state, or local common law, statute, regulation, or law of any other type. I will never file any lawsuit or complaint based on any such claim, and I will withdraw with prejudice any such lawsuit, etc., that may already be pending. I promise never to seek any damages, remedies, or other relief for myself personally (any right to which I hereby waive) by filing or prosecuting a charge with any administrative agency with respect to any claim purportedly released by this Release. This Release does not prevent me from seeking any payment to which I am entitled in exchange for signing this Release or any welfare or retirement benefits to which I am entitled under any written Company benefit plan under the Employment Retirement Income Security Act. Nothing in this agreement and release of claims shall be construed to affect the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claims.

Claims Released. I release Except as provided in Subparagraph 1.4 of this --------------- General Release, the Company claims released include all claims of whatever nature, whether known or unknown, suspected or unsuspected, by either you or Amgen which you or Amgen now owns or holds or has at any time previously held, or (with the sole exception of claims covered by Subparagraph 1.4 of this General Release) ever in the future may hold including statutory claims arising under the employment discrimination laws. In particular, you acknowledge and each of its current or former parentsagree that by signing the Agreement and this General Release, subsidiariesin addition to the matters discussed above, related entities, successors you are waiving and affiliates, releasing any and all of their employeesclaims, directorscharges, officers, agents, and related parties, from all known or unknown claims that I presently rights you may have arising out of my employment with, termination by, or separation from, the Company. The claims I am releasing include, for example, claims under the WARN Act, the Age Discrimination In Employment Act of 1967, as amended (the "ADEA"), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in Employment Actaddition to anything of value to which you were already entitled as an employee of Amgen. You further acknowledge that you have been advised that: (a) you should consult with an attorney (at your own expense, Title VII subject to your right to reimbursement as set forth in Paragraph 5 of the Civil Rights Act Agreement) prior to executing the Agreement and this General Release; (b) you have at least twenty-one (21) days in which to consider the Agreement and this General Release (although you may choose to execute the Agreement and this General Release earlier and waive all of 1964, Sections 1981 and 1983 or part of the Civil Rights Act 21-day period); (c) the Agreement and this General Release do not waive or release any rights or claims you may have under the ADEA which may arise after you execute the Agreement and this General Release; (d) you have seven (7) days following execution of 1866the Agreement and this General Release to revoke your consent to the Agreement and this General Release (to be effective, any revocation must be actually received in writing by me by 5:30 p.m. on the Americans With Disabilities Actseventh day); and (e) the Agreement and this General Release shall not be effective until the seven (7) day revocation period has expired. In the event that you exercise this right to revoke this General Release, you and Amgen agree that the Employee Retirement Income Security ActAgreement (including without limitation the Resignation Letter attached to the Agreement as Appendix A) will be simultaneously revoked. You also acknowledge and agree that you were given a copy of the Agreement and this General Release on September 21, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Rehabilitation Act, the Services Employment and Reemployment Rights Act, or any other federal, state, or local common law, statute, regulation, or law of any other type. I will never file any lawsuit or complaint based on any such claim, and I will withdraw with prejudice any such lawsuit, etc.1999, that may already be pending. I promise never you have been given the opportunity to seek any damages, remedies, or other relief for myself personally (any right to which I hereby waive) by filing or prosecuting a charge consult with any administrative agency whomever you wish regarding the Agreement and this General Release and that you have entered into the Agreement and this General Release voluntarily and with respect to any claim purportedly released by this Release. This Release does not prevent me from seeking any payment to which I am entitled in exchange for signing this Release or any welfare or retirement benefits to which I am entitled under any written Company benefit plan under the Employment Retirement Income Security Act. Nothing in this agreement full knowledge of its final and release of claims shall be construed to affect the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claimsbinding effect.

Claims Released. Subject only to the exceptions noted in the previous paragraph, I agree to waive and fully release the Company and each of its current or former parents, subsidiaries, related entities, successors and affiliates, any and all claims of their employeesany nature whatsoever (known and unknown), directorspromises, officerscauses of action or similar rights of any type (“Claims”) that I may now have or have had with respect to any of the Released Parties listed below. These Claims released include, agentsbut are not limited to, and related parties, from all known or unknown claims that I presently may have arising out of in any way relate to my employment withwith the Corporation or the termination of that employment; any claims for monetary damages, termination bywages, bonuses, commissions, unused sick pay; any claims to severance or separation fromsimilar benefits; any claims to expenses, attorneys’ fees or other indemnities; or claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court, federal, state or local agency either by me or by a person claiming to act on my behalf or in my interest. ADDENDUM A I understand that the Company. The claims Claims I am releasing includemight have arisen under many different local, for examplestate and federal statutes, claims regulations, case law and/or common law doctrines. By this Release, I specifically, but without limitation, agree to release all of the Released Parties from Claims under the WARN Actfollowing: Antidiscrimination laws, the Age Discrimination in Employment Act, such as Title VII of the Civil Rights Act of 1964, Sections as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 and 1983 of the Civil Rights Act of 18661866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act, including the Older Worker Benefit Protection Act, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans With with Disabilities ActAct and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); or any other local, state or federal statutes prohibiting discrimination or retaliation on these or any other grounds or otherwise governing the employment relationship. Federal Employment laws, such as the WARN Act (which requires that advance notice be given of certain workforce reductions); the Employee Retirement Income Security ActAct of 1974 (which, among other things, protects employee benefits); Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Rehabilitation Act, the Services Employment Act of 1993 (which requires employers to provide leave of absence under certain circumstances); and Reemployment Rights Act, or any other federal laws relating to employment, such as veterans’ reemployment rights laws. Other laws, such as federal, state, or local common law, statute, regulationlaws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law of enforcing express or implied employment contracts or covenants; any other typefederal, state or local laws providing relief for alleged wrongful discharge, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, invasion of privacy, violation of public policy and similar or related claims. I will never file warrant that I have not assigned or transferred any lawsuit or complaint based on any such claim, and I will withdraw with prejudice any such lawsuit, etc., that may already be pending. I promise never to seek any damages, remedies, or other relief for myself personally (any right to which I hereby waive) by filing or prosecuting a charge with any administrative agency with respect Claims described in this Release to any claim purportedly released by this Release. This Release does not prevent me from seeking any payment to which I am entitled in exchange for signing this Release or any welfare or retirement benefits to which I am entitled under any written Company benefit plan under the Employment Retirement Income Security Act. Nothing in this agreement and release of claims shall be construed to affect the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claimsthird parties.

Claims Released. In return for the severance and/or other benefits that I will receive pursuant to my Amended and Restated Employment Agreement, by and between me and the Xxxxx Xxxxxx, Inc. (“HSI” or the “Company”), dated effective as of November 28, 2022 (the “Employment Agreement”), I agree to completely and irrevocably release all claims, obligations, causes of action and demands which I have or ever had, from the Company and each beginning of time to the date I sign this release of claims (the “Release”, “General Release”, or “Agreement”) against the Company, its current or former parents, subsidiaries, related divisions, joint ventures, partnerships and/or affiliated entities, their predecessors, successors and affiliatesassigns, and all of their employeespresent and/or former officers, directors, officersmanagers, supervisors, employees, shareholders, agents, representatives, and related partiesemployee benefit or pension plans or funds (and the trustees, from all known or unknown claims that I presently may have arising out administrators, fiduciaries and insurers of such programs) (collectively, the “Released Parties”) relating to my employment with, or termination by, or separation of employment from, the CompanyCompany and its subsidiaries. The claims I agree that any person acting by, through or under me, such as my spouse, heirs, executors, representatives and assigns, are also bound by my release of claims. I understand that I am releasing includethe Released Parties from any and all claims and potential claims to the extent they may be legally waived by private agreement, for example, including but not limited to: (i) any claims under the WARN Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Age Discrimination in Employment Act of 1967, the Equal Pay Act, the Family Medical Leave Act, the National Labor Relations Act, the Pregnancy Discrimination Act, the Employee Retirement Income Security Act of 1974, Sections 503 and 504 of the Rehabilitation Act of 1973, the Worker Adjustment Retraining and Notification Act, the Family Immigration Reform and Medical Leave Control Act, the Genetic Information Non-Discrimination Act, the Sarbanes Oxley Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, all as amended; (ii) any claims under any State or Municipal Human Rights Laws, labor laws and/or discrimination laws, and all other federal, state and local discrimination, labor or employment laws, regulations or orders; (iii) any other claims relating to or arising out of my employment, the terms and conditions of my employment and/or the termination of my employment, including but not limited to statutory claims and claims in common law or in equity, including, without limitation, claims for discrimination, retaliation, harassment, whistle-blowing, 1 Release should be revised to reflect (i) changes in law or interpretations or as otherwise necessary to assure enforceability or tax effectiveness, and/or (ii) 45 day period in lieu of 21 day period and OWBPA disclosure (i.e., in the event Xxxxxxx’x termination occurs at the same time as other terminations), if applicable. Xxxxxxx Xxxxxxx EXHIBIT A breach of contract or of policy or practice, constructive discharge, wrongful discharge, detrimental reliance, negligence, emotional distress, and all torts, including any intentional torts, such as defamation; (iv) any claims subject to federal, state and local occupational safety and health laws and regulations; (v) any claims under any other federal, state or local Constitution, statute, regulation, or agreement or duty; (vi) any claims concerning or based on the adequacy of my compensation or remuneration, including incentive payments, or claims for benefits, including but not limited to claims under the Fair Labor Standards Act, to the Equal Pay Actextent such claims are waivable; and (vii) any claims for damages or relief of any kind, including but not limited to front pay, back pay, damages for pain and suffering, compensatory or punitive damages, injunctive or declaratory relief, any claims for attorneys’ fees, costs, disbursements and/or the Rehabilitation Act, the Services Employment and Reemployment Rights Actlike, or any other federal, state, or local common law, statute, regulation, or law of any other typefor equitable relief and reinstatement. I will never file any lawsuit or complaint based on any such claim, also waive and I will withdraw with prejudice any such lawsuit, etc., that may already be pending. I promise never to seek any damages, remedies, or other relief for myself personally (release any right to become, and promise not to consent to become, a member of any class or collective action in a case in which I hereby waive) by filing claims are asserted against the Released Parties that are related in any way to my employment or prosecuting a charge the termination of my employment with any administrative agency with respect to any claim purportedly released by this Releasethe Company. This Release does not prevent me from seeking any payment to which If, without my prior knowledge and consent, I am entitled made a member of a class in exchange for signing this Release any such legal proceeding or any welfare or retirement benefits arbitration, I agree to which I am entitled under any written Company benefit plan under opt out of the Employment Retirement Income Security Act. Nothing in this agreement and release of claims shall be construed to affect class at the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claimsfirst opportunity.

Claims Released. I release Except as provided in Subparagraph 1.4 of this --------------- General Release, the Company claims released include all claims of whatever nature, whether known or unknown, suspected or unsuspected, by either you or Amgen which you or Amgen now owns or holds or has at any time previously held, or (with the sole exception of claims covered by Subparagraph 1.4 of this General Release) ever in the future may hold including statutory claims arising under the employment discrimination laws. In particular, you acknowledge and each of its current or former parentsagree that by signing the Agreement and this General Release, subsidiariesin addition to the matters discussed above, related entities, successors you are waiving and affiliates, releasing any and all of their employeesclaims, directorscharges, officers, agents, and related parties, from all known or unknown claims that I presently rights you may have arising out of my employment with, termination by, or separation from, the Company. The claims I am releasing include, for example, claims under the WARN Act, the Age Discrimination In Employment Act of 1967, as amended (the "ADEA"), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in Employment Actaddition to anything of value to which you were already entitled as an employee of Amgen. You further acknowledge that you have been advised that: (a) you should consult with an attorney (at your own expense, Title VII subject to your right to reimbursement as set forth in Paragraph 5 of the Civil Rights Act Agreement) prior to executing the Agreement and this General Release; (b) you have at least twenty-one (21) days in which to consider the Agreement and this General Release (although you may choose to execute the Agreement and this General Release earlier and waive all of 1964, Sections 1981 and 1983 or part of the Civil Rights Act 21-day period); (c) the Agreement and this General Release do not waive or release any rights or claims you may have under the ADEA which may arise after you execute the Agreement and this General Release; (d) you have seven (7) days following execution of 1866the Agreement and this General Release to revoke your consent to the Agreement and this General Release (to be effective, any revocation must be actually received in writing by me by 5:30 p.m. on the Americans With Disabilities Actseventh day); and (e) the Agreement and this General Release shall not be effective until the seven (7) day revocation period has expired. In the event that you exercise this right to revoke this General Release, you and Amgen agree that the Employee Retirement Income Security ActAgreement (including without limitation the Resignation Letter attached to the Agreement as Appendix A) will be simultaneously revoked. You also acknowledge and agree that you were first given a copy of the Agreement and this General Release on January 26, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Rehabilitation Act, the Services Employment and Reemployment Rights Act, or any other federal, state, or local common law, statute, regulation, or law of any other type. I will never file any lawsuit or complaint based on any such claim, and I will withdraw with prejudice any such lawsuit, etc.2000, that may already be pending. I promise never you have been given the opportunity to seek any damages, remedies, or other relief for myself personally (any right to which I hereby waive) by filing or prosecuting a charge consult with any administrative agency whomever you wish regarding the Agreement and this General Release and that you have entered into the Agreement and this General Release voluntarily and with respect to any claim purportedly released by this Release. This Release does not prevent me from seeking any payment to which I am entitled in exchange for signing this Release or any welfare or retirement benefits to which I am entitled under any written Company benefit plan under the Employment Retirement Income Security Act. Nothing in this agreement full knowledge of its final and release of claims shall be construed to affect the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claimsbinding effect.

Claims Released. In return for the severance and/or other benefits that I will receive pursuant to my Amended and Restated Employment Agreement, by and between me and the Xxxxx Xxxxxx, Inc. (“HSI” or the “Company”), dated effective as of August 8, 2019 (the “Employment Agreement”), I agree to completely and irrevocably release all claims, obligations, causes of action and demands which I have or ever had, from the Company and each beginning of time to the date I sign this release of claims (the “Release”, “General Release”, or “Agreement”) against the Company, its current or former parents, subsidiaries, related divisions, joint ventures, partnerships and/or affiliated entities, their predecessors, successors and affiliatesassigns, and all of their employeespresent and/or former officers, directors, officersmanagers, supervisors, employees, shareholders, agents, representatives, and related partiesemployee benefit or pension plans or funds (and the trustees, from all known or unknown claims that I presently may have arising out administrators, fiduciaries and insurers of such programs) (collectively, the “Released Parties”) relating to my employment with, or termination by, or separation of employment from, the CompanyCompany and its subsidiaries. The claims I agree that any person acting by, through or under me, such as my spouse, heirs, executors, representatives and assigns, are also bound by my release of claims. I understand that I am releasing includethe Released Parties from any and all claims and potential claims to the extent they may be legally waived by private agreement, for example, including but not limited to: (i) any claims under the WARN Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Age Discrimination in Employment Act of 1967, the Equal Pay Act, the Family Medical Leave Act, the National Labor Relations Act, the Pregnancy Discrimination Act, the Employee Retirement Income Security Act of 1974, Sections 503 and 504 of the Rehabilitation Act of 1973, the Worker Adjustment Retraining and Notification Act, the Family Immigration Reform and Medical Leave Control Act, the Genetic Information Non-Discrimination Act, the Sarbanes Oxley Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, all as amended; (ii) any claims under any State or Municipal Human Rights Laws, labor laws and/or discrimination laws, and all other federal, state and local discrimination, labor or employment laws, regulations or orders; (iii) any other claims relating to or arising out of my employment, the terms and conditions of my employment and/or the termination of my employment, including but not limited to statutory claims and claims in common law or in equity, including, without limitation, claims for discrimination, retaliation, harassment, whistle-blowing, breach of contract or of policy or practice, constructive discharge, wrongful discharge, detrimental reliance, negligence, emotional distress, and all torts, 1 Release should be revised to reflect (i) changes in law or interpretations or as otherwise necessary to assure enforceability or tax effectiveness, and/or (ii) 45 day period in lieu of 21 day period and OWBPA disclosure (i.e., in the event Xxxxxxx’x termination occurs at the same time as other terminations), if applicable. including any intentional torts, such as defamation; (iv) any claims subject to federal, state and local occupational safety and health laws and regulations; (v) any claims under any other federal, state or local Constitution, statute, regulation, or agreement or duty; (vi) any claims concerning or based on the adequacy of my compensation or remuneration, including incentive payments, or claims for benefits, including but not limited to claims under the Fair Labor Standards Act, to the Equal Pay Actextent such claims are waivable; and (vii) any claims for damages or relief of any kind, including but not limited to front pay, back pay, damages for pain and suffering, compensatory or punitive damages, injunctive or declaratory relief, any claims for attorneys’ fees, costs, disbursements and/or the Rehabilitation Act, the Services Employment and Reemployment Rights Actlike, or any other federal, state, or local common law, statute, regulation, or law of any other typefor equitable relief and reinstatement. I will never file any lawsuit or complaint based on any such claim, also waive and I will withdraw with prejudice any such lawsuit, etc., that may already be pending. I promise never to seek any damages, remedies, or other relief for myself personally (release any right to become, and promise not to consent to become, a member of any class or collective action in a case in which I hereby waive) by filing claims are asserted against the Released Parties that are related in any way to my employment or prosecuting a charge the termination of my employment with any administrative agency with respect to any claim purportedly released by this Releasethe Company. This Release does not prevent me from seeking any payment to which If, without my prior knowledge and consent, I am entitled made a member of a class in exchange for signing this Release any such legal proceeding or any welfare or retirement benefits arbitration, I agree to which I am entitled under any written Company benefit plan under opt out of the Employment Retirement Income Security Act. Nothing in this agreement and release of claims shall be construed to affect class at the Equal Employment Opportunity Commission’s (the “Commission”) or any similar state commission’s or agency’s independent right and responsibility to enforce the law. I understand, however, that, while this Release does not affect my right to file a charge or participate in an investigation or proceeding conducted by the Commission or any similar state commission or agency, it does bar any claim you might have to receive monetary damages in connection with any Commission or similar state commission or agency proceeding concerning matters covered by this agreement and release of claimsfirst opportunity.