Common use of Claims Released Clause in Contracts

Claims Released. Subject only to the specific exceptions noted in Section 5.1 above, the Executive hereby releases and waives all known and unknown claims, promises, causes of action, or similar rights of any type that the Executive may have up through the Effective Date (“Claims”) with respect to any and all of the Released Parties listed in Section 5.4. These include, but are not limited to, any and all Claims that in any way relate to, arise out of or result from: (i) the Executive’s employment with Parent and/or the Company, such as Claims for compensation, salary, bonuses, commissions, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time off; (ii) the Original Agreement; (iii) any rights Employee may have to severance or other benefits except for such severance or benefits to be paid pursuant to this Agreement; or (iv) any Claims to attorneys’ fees, costs, disbursements, or other indemnities other than those provided for in: (a) this Agreement; (b) under the Director and Officer Liability Insurance of the Company or any Company Affiliate; or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directors. The Executive understands and agrees that the Claims he is releasing might arise under many different laws, including but not limited to the following: Antidiscrimination statutes, as enacted and amended such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. 1981), Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against the disabled, the federal Equal Pay Act, the Genetic Information Nondiscrimination Act, Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City Human Rights Law, New York City Administrative Code, the Pennsylvania Equal Pay Law and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting employment discrimination, harassment and/or retaliation. Employment statutes, as enacted and amended, such as the WARN Act and the New York State Workers Adjustment and Retraining Notification Act, which require that advance notice be given of certain workforce reductions; the Employee Retirement Income Security Act of 1974 (ERISA) which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; the Pennsylvania Wage Payment and Collection Law, the New York Labor Law, the New York City Administrative Code, the Pennsylvania Minimum Wage Act of 1968, any other Pennsylvania and New York wage and hour laws, and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, relating to employment laws. Other laws, as enacted and amended, such as federal, state, or local laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentation, defamation, and similar or related claims. The laws referred to in this subsection include statutes, regulations, other administrative guidance, and common law doctrines.

Appears in 2 contracts

Samples: Employment Agreement (Institutional Financial Markets, Inc.), Employment Agreement (Institutional Financial Markets, Inc.)

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Claims Released. Subject only to the specific exceptions noted in Section 5.1 above, the Executive hereby releases Employee understands and waives agrees that he shall be releasing all known and unknown claims, promises, causes of action, or similar rights of any type that the Executive he may have up (the “Claims”) against any Released Party, through the Effective Date (“Claims”) with respect to any and all of the Released Parties listed in Section 5.4. These includethis Agreement, but are not excluding those Claims set forth in (d) below. Employee further understands that the Claims he shall release may arise under many different laws (including statutes, regulations, or other administrative guidance, and common law doctrines), including, but by no means limited to, any and all Claims that in any way relate to, arise out of or result from: (i) any claim under the Executive’s employment with Parent Age Discrimination in Employment Act, as amended, and/or the Company, such as Claims for compensation, salary, bonuses, commissions, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time offOlder Workers Benefit Protection Act which laws prohibit discrimination on account of age; (ii) the Original Agreement; (iii) any rights Employee may have to severance or other benefits except for such severance or benefits to be paid pursuant to this Agreement; or (iv) any Claims to attorneys’ fees, costs, disbursements, or other indemnities other than those provided for in: (a) this Agreement; (b) claim under the Director and Officer Liability Insurance of the Company or any Company Affiliate; or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directors. The Executive understands and agrees that the Claims he is releasing might arise under many different laws, including but not limited to the following: Antidiscrimination statutes, as enacted and amended such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act as amended, which, among other things, prohibits discrimination/retaliation on account of 1866 (42 U.S.C. 1981), Executive Order 11246, which prohibit discrimination based on race, color, religion, sex, and national origin, religion, or sex; (iii) any claim under the Americans with Disabilities Act and (“ADA”) or Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against each as amended; (iv) any claim under the disabledEmployee Retirement Income Security Act of 1974, as amended (excluding claims for accrued, vested benefits under any employee pension benefit plan of the federal Equal Pay Company or the Released Parties in accordance with the terms of such plan and applicable law); (v) any claim under the Family and Medical Leave Act; (vi) any claim or other action under the National Labor Relations Act, the Genetic Information Nondiscrimination Act, as amended; (vii) any claim under Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City Human Rights Law, New York City Administrative Code, the Pennsylvania Equal Pay Law and ; (viii) any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting employment discrimination, harassment and/or retaliation. Employment statutes, as enacted and amended, such as the WARN Act and claim under the New York State Workers Adjustment and Retraining Notification Act, which require that advance notice be given of certain workforce reductions; the Employee Retirement Income Security Act of 1974 (ERISA) which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; the Pennsylvania Wage Payment and Collection Human Rights Law, the New York State Executive Law, the New York State Labor Law, the New York City Administrative Code, the Pennsylvania Minimum Wage Act of 1968, ; (ix) any other Pennsylvania and New York wage and hour lawsclaim of discrimination, and any and all other harassment, and/or retaliation in employment (whether based on federal, state or local lawslaw, rulesregulation, regulationsor decision); (x) any other claim (whether based on federal, constitutionsstate or local law, ordinances statutory or public policiesdecisional, whether known and/or federal or unknownstate common law) arising out of the terms and conditions of your employment with and termination from the Company and/or the Released Parties; (xi) any claims for wrongful discharge, relating to employment laws. Other lawswhistle blowing, as enacted and amendedconstructive discharge, such as breach of contract (express or implied), detrimental reliance, defamation, fraud, emotional distress, compensatory or punitive damages, and/or equitable relief; (xii) any claims under federal, state, or local occupational safety and health laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentation, defamation, and similar or related claims. The laws referred to in this subsection include statutes, regulations, other administrative guidanceall as amended; and (xiii) any claim for attorneys’ fees, and common law doctrines.costs, disbursements and/or the like;

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Claims Released. Subject only to the specific exceptions noted Except as otherwise set forth in Section 5.1 abovethis Agreement, the Executive hereby releases and waives I am releasing all known and unknown claims, promises, causes of action, or similar rights of any type that the Executive I may have up through attributable to events or circumstances occurring prior to the Effective Termination Date that relate to my employment or termination of employment with the Company or its affiliates ("Claims") with respect to any and all of the Released Parties listed in Section 5.43(d). These Except as otherwise set forth in this Agreement, these include, but are not limited to, any and all Claims that in any way relate to, arise out of or result from: (i) the Executive’s employment with Parent and/or the Company, such as Claims for compensation, salary, bonuses, commissions, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time offsick pay; (ii) the Original Agreementdesign or administration of any employee benefit program; (iii) any rights Employee I may have to severance or other similar benefits except for such severance or benefits to be paid pursuant to this Agreementpost-employment health or group insurance benefits; or (iv) any Claims to attorneys’ fees, costs, disbursements, ' fees or other indemnities other than those provided for in: (a) this Agreement; (b) under relating to the Director and Officer Liability Insurance of the Company or any Company Affiliate; or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directorsforegoing. The Executive understands and agrees I understand that the Claims he is I am releasing might arise under many different laws, including but not limited to the following: Antidiscrimination Anti-discrimination statutes, as enacted and amended such as the Age Discrimination in ---------------------------- Employment Act and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866 (42 U.S.C. 1981)1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Americans with With Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against the disabled; and any other federal, state, or local laws prohibiting employment discrimination such as the federal Equal Pay Act, the Genetic Information Nondiscrimination Act, Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City and New York State Human Rights Law, New York City Administrative Code, the Pennsylvania Equal Pay Law and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting Laws. Federal employment discrimination, harassment and/or retaliation. Employment statutes, as enacted and amended, such as the WARN Act and the New York State Workers Adjustment and Retraining Notification Act, which require requires that --------------------------- advance notice be given of certain workforce work force reductions; the Employee Retirement Income Security Act of 1974 (ERISA) 1974, which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; the Pennsylvania Wage Payment and Collection Law, the New York Labor Law, the New York City Administrative Code, the Pennsylvania Minimum Wage Act of 1968, any other Pennsylvania and New York wage and hour laws, and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, federal laws relating to employment employment, such as veterans' reemployment rights laws. Other laws, as enacted and amended, such as any federal, state, or local laws laws, restricting an ---------- employer’s 's right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentationmisrepresentations, defamation, and similar or related claims. The laws law referred to in this subsection include includes statutes, regulations, other administrative guidance, guidance and common law doctrines.

Appears in 1 contract

Samples: Status Agreement (Morgan Stanley Dean Witter & Co)

Claims Released. Subject only to the specific exceptions noted in Section 5.1 2(a) above, the Executive EMPLOYEE hereby releases and waives all known and unknown claims, promises, causes of action, or similar rights of any type that the Executive EMPLOYEE may have up through the Effective Date date of this Agreement (“Claims”) with respect to any and all of the Released Parties listed in Section 5.42(d). These include, but are not limited to, any and all Claims that in any way relate to, arise out of or result from: (i) the Executive’s EMPLOYEE’S employment with Parent and/or the CompanyPARENT and the COMPANY, or the termination of that employment, such as Claims for compensation, salary, bonuses, commissions, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time off; (ii) the Original Employment Agreement; (iii) any rights Employee EMPLOYEE may have to severance or other benefits except for such severance or benefits to be paid pursuant to this Agreement; or (iv) any Claims to attorneys’ fees, costs, disbursements, or other indemnities indemnities, other than those provided for in: (a) in this Agreement; (b) , under the Director and Officer Liability Insurance of the Company or any Company Affiliate; Affiliate or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directors. The Executive EMPLOYEE understands and agrees that the Claims he is releasing might arise under many different laws, including but not limited to the following: Antidiscrimination statutes, as enacted and amended such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. 1981), Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against the disabled, the federal Equal Pay Act, the Genetic Information Nondiscrimination Act, Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City Human Rights Law, New York City Administrative Code, the Pennsylvania Equal Pay Law and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting employment discrimination, harassment and/or retaliation. Employment statutes, as enacted and amended, such as the WARN Act and the New York State Workers Adjustment and Retraining Notification Act, which require that advance notice be given of certain workforce reductions; the Employee Retirement Income Security Act of 1974 (ERISA) which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; the Pennsylvania Wage Payment and Collection Law, the New York Labor Law, the New York City Administrative Code, the Pennsylvania Minimum Wage Act of 1968, any other Pennsylvania and New York wage and hour laws, and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, relating to employment laws. Other laws, as enacted and amended, such as federal, state, or local laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentation, defamation, and similar or related claims. The laws referred to in this subsection include statutes, regulations, other administrative guidance, and common law doctrines.

Appears in 1 contract

Samples: Employment Agreement (Institutional Financial Markets, Inc.)

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Claims Released. Subject only to the specific exceptions noted in Section 5.1 2(a) above, the Executive EMPLOYEE hereby releases and waives all known and unknown claims, promises, causes of action, or similar rights of any type that the Executive EMPLOYEE may have up through the Effective Date ("Claims") with respect to any and all of the Released Parties Party listed in Section 5.42(d). These include, but are not limited to, any and all Claims that in any way relate to, arise out of or result from: (i) the Executive’s EMPLOYEE'S employment with Parent and/or the CompanyCOMPANY, or EMPLOYEE's separation from that employment, such as Claims for compensation, salary, bonuses, commissions, incentive payments, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time offsick pay; (ii) the Original Agreement; (iii) any Claims or rights Employee EMPLOYEE may have to severance or other benefits except for such severance or benefits to be paid pursuant to this Agreementsimilar benefits; or and/or (iviii) any Claims to attorneys' fees, costs, disbursements, or other indemnities other than those provided for in: (a) this Agreement; (b) under the Director and Officer Liability Insurance of the Company or any Company Affiliate; or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directorsindemnities. The Executive EMPLOYEE understands and agrees that the Claims he EMPLOYEE is releasing might arise under many different laws, including but not limited to the following: Antidiscrimination statutes, as enacted and amended such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. 1981), and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against individuals with disabilities; the disabledAge Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., which prohibits discrimination based on age; the federal Genetic Information Non-Discrimination Act, which prohibits discrimination based on genetic information; the National Labor Relations Act; the Equal Pay Act, ; the Genetic Information Nondiscrimination Act, Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City Human Rights Law, New York City Administrative Code, ; the Pennsylvania Equal Pay Law Law; and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting employment discrimination, harassment and/or retaliation. Employment statutes, as enacted and amended, such as the WARN Act Worker Adjustment Retraining and the New York State Workers Adjustment and Retraining Notification (WARN) Act, which require that advance notice be given of certain workforce reductions; the Employee Retirement Income Security Act of 1974 (ERISA) which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; the Pennsylvania Wage Payment and Collection Law, the New York Labor Law, the New York City Administrative Code, ; the Pennsylvania Minimum Wage Act of 1968, any other Pennsylvania and New York wage and hour laws, as amended; and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, unknown relating to employment laws, such as veterans' reemployment rights laws. Other laws, as enacted and amended, such as federal, state, or local laws restricting an employer’s 's right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentation, defamation, and similar or related claims. The laws referred to in this subsection include statutes, regulations, other administrative guidance, and common law doctrines.

Appears in 1 contract

Samples: Transition Agreement and Release (Mela Sciences, Inc. /Ny)

Claims Released. Subject only Executive, on Executive’s own behalf and on behalf of Executive’s family, heirs, executors, administrators, and assigns, and all other persons claiming by or through Executive, each in their capacity as such, does release Hertz, its current and former divisions, parent companies, subsidiaries, and affiliated companies, including but in no way limited to Hertz Europe Limited, and their successors and assigns; their current and former officers, directors, shareholders, agents and employees; the specific exceptions noted current and former employee benefit and retirement plans sponsored or maintained by Hertz, as well as any fiduciary, trustee, and administrator of such plans each in Section 5.1 abovetheir capacity as such, (collectively the Executive hereby releases “Released Parties”), from any and waives all known and unknown claims, promisesdemands, judgments, causes of action, or similar rights of any type that the Executive may have up through the Effective Date (“Claims”) with respect to any and all of the Released Parties listed in Section 5.4. These includedamages, but are not limited toexpenses, any and all Claims that in any way relate tocosts, arise out of or result from: (i) the Executive’s employment with Parent and/or the Company, such as Claims for compensation, salary, bonuses, commissions, lost wages, unvested equity awards, stock options, restricted stock, or unused accrued vacation or paid time off; (ii) the Original Agreement; (iii) any rights Employee may have to severance or other benefits except for such severance or benefits to be paid pursuant to this Agreement; or (iv) any Claims to attorneys’ fees, costs, disbursements, or other indemnities other than those provided for in: (a) this Agreement; (b) under the Director and Officer Liability Insurance of the Company or any Company Affiliate; or (c) under the by-laws or other governing documents of the Company or any Company Affiliate which apply to officers or directors. The Executive understands liabilities that can be lawfully released and agrees that the Claims he is releasing might arise under many different lawsdischarged, including but not limited to claims for severance pay or other benefits arising under the following: Antidiscrimination statutes2021 Hertz Global Holdings, Inc. Severance Plan for Senior Executives (the “2021 Severance Plan”, a predecessor plan (including the Amended and Restated Hertz Global Holdings, Inc. Severance Plan for Senior Executives dated as enacted of May 22, 2020) or any other severance policy or plan sponsored by Hertz (collectively, the “Severance Plans”). Executive understands that the claims released herein include but are not limited to all employment-related rights and amended such as claims and those relating to Executive’s separation from employment, known or unknown, at common law or under any statute, rule, regulation, order, or law, whether federal, state, or local, or on any grounds whatsoever, including without limitation, any and all claims for additional severance pay, vacation pay, bonus or other compensation; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, veteran status, sex, sexual orientation, gender, gender identity, disability, handicap, age, or other unlawful discrimination; any claims arising under Title VII of the Civil Rights Act of 1964, as amended; the Federal Civil Rights Act; the Rehabilitation Act of 1866 (42 U.S.C. 1981)1973; the Age Discrimination in Employment Act of 1967, Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sexas amended; the Older Worker’s Benefit Protection Act; the Employee Retirement and Income Security Act of 1974; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination against the disabled, the federal Equal Pay Act, the Genetic Information Nondiscrimination Act, Sections 1981 through 1988 of Title 42 of the United States Code, Pennsylvania Human Relations Act, Philadelphia Fair Practices Ordinance, New York Executive Law, New York Labor Law, New York City Human Rights Law, New York City Administrative Code, the Pennsylvania Equal Pay Law and any and all other federal, state or local laws, rules, regulations, constitutions, ordinances or public policies, whether known or unknown, prohibiting employment discrimination, harassment and/or retaliation. Employment statutes1990, as enacted and amended, such as the WARN Act and the New York State Workers Adjustment and Retraining Notification Act, which require that advance notice be given of certain workforce reductions; the Employee Retirement Income Security Act of 1974 (ERISA) which, among other things, protects employee benefits; the Fair Labor Standards Act of 1938, which regulates wage and hour matters; the National Labor Relations Act, which protects forms of concerted activity; the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstancesas amended; the Pennsylvania Wage Payment and Collection Law, the New York Labor Law, the New York City Administrative Code, the Pennsylvania Minimum Wage Genetic Information Nondiscrimination Act of 19682008; the Civil Rights Act of 1866 and 1991, as amended; the National Labor Relations Act, as amended; the Equal Pay Act of 1963; the California Fair Employment and Housing Act; the California Xxxxx Civil Rights Act; and the Florida Civil Rights Act; or arising under any other Pennsylvania and New York wage and hour lawsstate, and any and all other federal, state local, or local lawscommon law, ruleswith respect to any event, regulationsmatter, constitutionsclaim, ordinances damage, or public policiesinjury arising out of Executive’s employment relationship with Hertz, and/or the termination of such employment relationship, and/or with respect to any other claim, matter, or event arising at any time prior to the execution of this Agreement. Executive covenants and agrees not to at any time file a suit or claim of any kind against any of the Released Parties concerning any of the claims released herein. Executive acknowledges that this release of claims extends to all claims of every nature and kind that may be lawfully released, whether known or unknown, suspected, or unsuspected, presently existing or resulting from or attributable to any act or omission of a Released Party occurring before Executive signed this Agreement. Likewise, and in consideration of Executive’s execution of this Agreement, which Hertz acknowledges is adequate consideration, Hertz hereby irrevocably and unconditionally waives, releases, and forever discharges and covenants not to xxx Executive, from any and all claims, liabilities and causes of action of any kind which Hertz ever had, now has or hereafter may have against Executive by reason of any matter, cause or thing whatsoever occurring on or at any time prior to the date hereof of which Hertz had knowledge as of the date hereof, including, but not limited to, all claims arising out of or from or regarding or pertaining to any transaction, dealing, conduct, act or omission, or any other matters or things relating to the employment laws. Other laws, as enacted and amended, such as federal, state, or local laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied relationship and/or the termination of the employment contracts or requiring an employer to deal with employees fairly or in good faith; any other federal, state, or local laws providing recourse for alleged wrongful discharge, physical or personal injury, negligence, emotional distress, pain and suffering, assault, battery, false imprisonment, fraud, negligent misrepresentation, defamation, and similar or related claims. The laws referred to in this subsection include statutes, regulations, other administrative guidance, and common law doctrinesrelationship.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Hertz Corp)

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