Common use of Employee Release Clause in Contracts

Employee Release. Employee, on behalf of himself and his heirs, executors, administrators, agents, assigns, and other representatives, hereby fully and unconditionally releases and discharges, and promises not to file a lawsuit against, the Company from and for any and all claims, demands, actions, damages, liabilities, obligations, promises and agreements of any kind, whether in law or equity and whether known or unknown that Employee had at any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee Claims arising out of or related to any act or failure to act by the Company or Employee’s employment relationship or separation from employment with the Company. This release includes but is not limited to Employee Claims for attorney fees or punitive damages, as well as Employee Claims arising under any federal or state law, statute, or regulation, local ordinance, contract, tort, or any other statutory or common law claims recognized under federal, state, or local law. Except as provided in this Agreement, Employee acknowledges and agrees that the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full release of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after the Effective Date of this Agreement, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the law, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Date, including any 401(k) match required under the terms of Employer’s 401(k) plan.

Appears in 1 contract

Samples: Separation & Release Agreement (Navidea Biopharmaceuticals, Inc.)

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Employee Release. EmployeeIn consideration of the payment to the undersigned by Ramsay Youth Services, on behalf Inc. (the "Company") of himself the Retention Bonus (as such term is defined in the letter agreement (the "Agreement") dated February 24, 2003 between the undersigned and his heirsthe Company), executorswhich payment constitutes consideration being provided to the undersigned for the execution of this Release and to which the undersigned is not already entitled, administrators, agents, assignsthe undersigned hereby releases the Company and its subsidiary and other affiliated corporations, and other representativesits and their respective officers, hereby fully directors, employees and unconditionally releases and discharges, and promises not to file a lawsuit againststockholders (collectively, the Company "Releasees"), from and for any and all claims, demandsactions, actionscauses of action, suits, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, liabilitiesjudgments, obligationsexecutions and demands whatsoever, promises and agreements of any kind, whether in law or equity equity, including, without limitation, all claims and whether known rights arising under the Age Discrimination in Employment Act, 29 U.S.C. ss.621, ET SEQ., which the undersigned ever had, now has or unknown that Employee had at hereafter can, shall or may have against the Releasees or any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee Claims them arising out of or related relating to any act or failure to act by the Company or Employee’s employment relationship or separation from undersigned's employment with the CompanyCompany and the termination of such employment, except as set forth in the Agreement. This release includes but is not limited The undersigned agrees never directly or indirectly to Employee Claims for attorney fees commence or punitive damages, as well as Employee Claims arising under any federal or state law, statuteprosecute, or regulationassist in the filing, local ordinancecommencement or prosecution of any action, contract, tort, proceeding or charge against the Releasees or any other statutory of them arising out of or common law claims recognized under federal, state, or local law. Except as provided in this Agreement, Employee acknowledges and agrees that relating to the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his undersigned's employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, Company and any other incentive compensationthe termination of such employment. This release shall be interpreted broadly The undersigned represents that the undersigned has been advised to accomplish its purpose consult with an attorney prior to executing this Release. The undersigned acknowledges that the undersigned has been given a period of being at least twenty-one days to consider this Release. For a full release period of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after seven days following the Effective Date execution of this AgreementRelease by the undersigned, (ii) arises from the undersigned may revoke this Agreement itself, (iii) canRelease and this Release shall not be waived become effective or released under the law, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation enforceable until such seven-day period has expired. Date, including any 401(k) match required under the terms of Employer’s 401(k) plan.: ---------------------------------- [ ]

Appears in 1 contract

Samples: Ramsay Youth Services Inc

Employee Release. In consideration of and in return for the promises and covenants undertaken in this Agreement, and for other good and valuable consideration, receipt of which is hereby acknowledged, Xxxxx & Xxxxx does hereby unconditionally, irrevocably and absolutely release, absolve and discharge Employee, on behalf of himself and his heirs, executors, administrators, agents, assigns, and other representatives, hereby fully and unconditionally releases and discharges, and promises not to file a lawsuit against, the Company from and for any and all claims, demandslosses, actionsliabilities, charges, suits, damages, liabilities, obligationsdemands and causes of action, promises and agreements of any kind, whether in law or equity and whether known or unknown that Employee had unknown, suspected or unsuspected, which Xxxxx & Xxxxx now owns or holds or has at any time before owned or through held against Employee (collectively, the Separation Date (Xxxxx & Xxxxx Claims” and, together with the Employee Claims, the “Claims). This release includes without limitation a release and waiver of any Employee Claims ) arising directly or indirectly out of or related in any way connected with the transactions or occurrences between Company and Employee to any act date and all actions taken by Employee on behalf of or failure relating to act Company, to the fullest extent permitted by the Company or law, including, but not limited to, Employee’s employment relationship or separation from with Company, the termination of Employee’s employment with Company, Employee’s service as Executive Vice President, General Counsel and Corporate Secretary of the Company and Employee’s service as an officer and/or director of any direct and indirect subsidiaries of the Company. This release includes is intended to have the broadest possible application and includes, but is not limited to Employee Claims for attorney fees or punitive damagesto, as well as Employee Claims arising under any federal or state law, statute, or regulation, local ordinancetort, contract, tortcommon law, constitutional or any other statutory or common law claims, and all claims recognized under federalfor attorney’s fees, state, or local lawcosts and expenses. Except as provided in this Agreementdescribed below, Employee acknowledges Xxxxx & Xxxxx agrees and agrees that the Company does covenants not owe him to file any other compensation or benefits of any type whatsoever for his services rendered during his employment with the Companysuit, charge, or for complaint against Employee in any other reasoncourt or administrative agency, including commissionswith regard to any Xxxxx & Xxxxx Claim. Xxxxx & Xxxxx further represents that no claims, bonusescomplaints, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full release of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after the Effective Date of this Agreement, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the lawcharges, or (iv) relates other proceedings are pending in any court, administrative agency, commission or other forum relating directly or indirectly to Employee’s own vested your employment with, or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Dateseparation from, including any 401(k) match required under the terms of Employer’s 401(k) planXxxxx & Xxxxx.

Appears in 1 contract

Samples: Separation Agreement and General Release (Grubb & Ellis Co)

Employee Release. Employee, on behalf of himself for Employee and his heirs, for Employee’s executors, administrators, attorneys, personal representatives, successors, and assigns, for and in consideration of promises made herein, does hereby irrevocably and KNOWINGLY, VOLUNTARILY and unconditionally waive and release fully and forever any claim, cause of action, loss, expense, or damage, known or unknown, of any and every nature whatsoever against the Company and its past and present parents, subsidiaries, divisions, related or affiliated entities (including, but not limited to, Harsco Corporation, Enviri Corporation and Harsco Metals Group Limited), and all officers, directors, agents, assignsinsurers, and other representativesattorneys, hereby fully and unconditionally releases and dischargesemployees, and promises not to file a lawsuit against, the Company from and for any and all claims, demands, actions, damages, liabilities, obligations, promises and agreements or trustees of any kind, whether in law or equity and whether known or unknown that Employee had at any time before or through all of the Separation Date aforesaid entities (hereinafter collectively referred to as Employee ClaimsReleased Entities”). This release includes , of whatever nature arising from any occurrence or occurrences, from the beginning of time until the date of Employee’s execution of this Agreement, including without limitation a release and waiver of limitation, any Employee Claims claims arising out of or related in any way resulting from or relating to any act or failure to act by Employee’s employment with the Company or Employee’s employment relationship the separation therefrom. It is understood that this release does not serve to waive any claims that, pursuant to law, cannot be waived or separation from employment with the Companysubject to a release of this kind, including claims for unemployment or workers’ compensation benefits. This release includes but By signing this Agreement, Employee is not limited giving up: (i) any rights or claims that arise after Employee signs this Agreement; (ii) any rights to vested retirement benefits; (iii) rights to reimbursements and payments referenced in Section 3(e); (iv) rights to indemnification referenced in Section 3(f); and (v) any rights that cannot be waived by operation of law. Without limitation of the foregoing, Employee Claims for attorney fees or punitive damages, as well as Employee Claims specifically waives any claims against all Released Entities arising under any federal or state lawTitle VII of the Civil Rights Act of 1964, statutethe Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Equal Pay Act, the Genetic Information Nondiscrimination Act, the Fair Labor Standards Act, the Portal to Portal Act, the National Labor Relations Act, the Pennsylvania Human Relations Act, the Pennsylvania Minimum Wage Act, or regulationthe Pennsylvania Wage Payment and Collection Law, local ordinance, contract, tortall as amended, or any other statutory or common law claims recognized under federal, state, or local lawlaw or ordinance relating in any way to unlawful discharge, discrimination, retaliation, wage payment, or fair employment practices, or any claim under any statutory or common law theory (including, but not limited to, breach of contract). Except Should Employee institute any claim released by this Section 4, or should any other person institute such a claim on Employee’s behalf, Employee will reimburse the Company or third party, as provided applicable, for any legal fees and expenses incurred in defending such a claim. The intent of this Section 4 is to capture any and all claims that Employee has or may have against the Released Entities arising from events occurring prior to the execution of this Agreement and covered by the foregoing release of claims. Employee warrants and represents that Employee has not, prior to signing this Agreement, Employee acknowledges and agrees that the Company does not owe him filed any other compensation claim, charge, or benefits of complaint with any type whatsoever for his services rendered during his court or government agency in any way relating to Employee’s employment with the Company, or for nor has Employee filed any other reasonclaim, including commissions, bonuses, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full release of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after the Effective Date of this Agreement, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the lawcharge, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as complaint whatsoever against any of the Separation Date, including any 401(k) match required under the terms of Employer’s 401(k) planReleased Entities identified above.

Appears in 1 contract

Samples: Agreement and General Release (ENVIRI Corp)

Employee Release. Except for the Stock Option Agreement or as otherwise provided in this Agreement, as of the Separation Date, Employee, on behalf of himself Prinse and his heirsPraag’s Company hereby and forever release and discharge Collexis and each director, executorsofficer, administratorsemployee, agentsconsultant, assignsshareholder, parent, subsidiary, successor, assign and other representatives, hereby fully and unconditionally releases and discharges, and promises not to file a lawsuit againstaffiliate thereof (collectively, the Company “Collexis Released Parties”) from and for any and all claimsClaims, demandsincluding, actionswithout limitation, damages, liabilities, obligations, promises any and agreements of any kind, whether in law or equity and whether known or unknown that Employee had at any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee all such Claims arising out of or related to, Employee’s Employment Agreement and any and all rights thereunder or termination thereof; any rights or promises made or believed to have been made with respect to any act shares, options or failure to act other securities in or issued by the Company Collexis Released Parties; and any and all rights, claims or Employee’s employment relationship or separation from employment with the Company. This release includes but is not limited to Employee Claims for attorney fees or punitive damages, as well as Employee Claims arising under any federal or state law, statuteinterests in, or regulationin any way related to, local ordinance, contract, tort, any of the assets or properties of or used by all or any other statutory or common law claims recognized under federal, state, or local lawone of the Collexis Released Parties (the “Employee Release”). Except as provided in this Agreement, The foregoing Employee acknowledges Release shall constitute a complete and agrees that the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full general release of all Employee such Claims and Employee’s promise a covenant not to suexxx all or any one of the Collexis Released Parties relating to such Claims. However, nothing in this release prohibits Employee from pursuing Notwithstanding any Employee Claim that: (i) arises after the Effective Date provision of this AgreementAgreement to the contrary, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the law, or (iv) relates but subject to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as any other agreement that may exist between any one of the Separation DateEmployee Released Parties and any Collexis Released Party with respect to the Van Praag Stock Sale (as defined below), including in no event shall this Employee Release constitute a release by either Employee or Praag’s Company of Claims for monies (the “Purchase Price”) due from the private sale (the “Van Praag Stock Sale”) by either of Collexis B.V.’s shares (the “Van Praag Stock”)(which shares have since been exchanged for CHI’s common shares via a corporate reorganization (the “Exchange”)) to any 401(kCollexis Released Party (other than Collexis) match required under who is obligated to pay the terms of EmployerPurchase Price or such person’s 401(k) planobligation to pay the Purchase Price in connection with the Van Praag Stock Sale.

Appears in 1 contract

Samples: Separation and Settlement Agreement (Collexis Holdings, Inc.)

Employee Release. EmployeeIn consideration of the payment to the undersigned by Ramsay Youth Services, on behalf Inc. (the "Company") of himself the Retention Bonus (as such term is defined in the letter agreement (the "Agreement") dated February 24, 2003 between the undersigned and his heirsthe Company), executorswhich payment constitutes consideration being provided to the undersigned for the execution of this Release and to which the undersigned is not already entitled, administrators, agents, assignsthe undersigned hereby releases the Company and its subsidiary and other affiliated corporations, and other representativesits and their respective officers, hereby fully directors, employees and unconditionally releases and discharges, and promises not to file a lawsuit againststockholders (collectively, the Company "Releasees"), from and for any and all claims, demandsactions, actionscauses of action, suits, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, liabilitiesjudgments, obligationsexecutions and demands whatsoever, promises and agreements of any kind, whether in law or equity equity, including, without limitation, all claims and whether known rights arising under the Age Discrimination in Employment Act, 29 U.S.C. ss.621, ET SEQ., which the undersigned ever had, now has or unknown that Employee had at hereafter can, shall or may have against the Releasees or any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee Claims them arising out of or related relating to any act or failure to act by the Company or Employee’s employment relationship or separation from undersigned's employment with the CompanyCompany and the termination of such employment, except as set forth in the Agreement. This release includes but is not limited The undersigned agrees never directly or indirectly to Employee Claims for attorney fees commence or punitive damages, as well as Employee Claims arising under any federal or state law, statuteprosecute, or regulationassist in the filing, local ordinancecommencement or prosecution of any action, contract, tort, proceeding or charge against the Releasees or any other statutory of them arising out of or common law claims recognized under federal, state, or local law. Except as provided in this Agreement, Employee acknowledges and agrees that relating to the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his undersigned's employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, Company and any other incentive compensationthe termination of such employment. This release shall be interpreted broadly The undersigned represents that the undersigned has been advised to accomplish its purpose consult with an attorney prior to executing this Release. The undersigned acknowledges that the undersigned has been given a period of being at least twenty-one days to consider this Release. For a full release period of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after seven days following the Effective Date execution of this AgreementRelease by the undersigned, (ii) arises from the undersigned may revoke this Agreement itselfRelease and this Release shall not become effective or enforceable until such seven-day period has expired. Date: , (iii) cannot be waived or released under the law, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Date, including any 401(k) match required under the terms of Employer’s 401(k) plan.---------------------------- [ ]

Appears in 1 contract

Samples: Ramsay Youth Services Inc

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Employee Release. EmployeeIn consideration of the payment to the undersigned by Ramsay Youth Services, on behalf Inc. (the "Company") of himself the Retention Bonus (as such term is defined in the letter agreement (the "Agreement") dated February 24, 2003 between the undersigned and his heirsthe Company), executorswhich payment constitutes consideration being provided to the undersigned for the execution of this Release and to which the undersigned is not already entitled, administrators, agents, assignsthe undersigned hereby releases the Company and its subsidiary and other affiliated corporations, and other representativesits and their respective officers, hereby fully directors, employees and unconditionally releases and discharges, and promises not to file a lawsuit againststockholders (collectively, the Company "Releasees"), from and for any and all claims, demandsactions, actionscauses of action, suits, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, liabilitiesjudgments, obligationsexecutions and demands whatsoever, promises and agreements of any kind, whether in law or equity equity, including, without limitation, all claims and whether known rights arising under the Age Discrimination in Employment Act, 29 U.S.C. ss.621, ET SEQ., which the undersigned ever had, now has or unknown that Employee had at hereafter can, shall or may have against the Releasees or any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee Claims them arising out of or related relating to any act or failure to act by the Company or Employee’s employment relationship or separation from undersigned's employment with the CompanyCompany and the termination of such employment, except as set forth in the Agreement. This release includes but is not limited The undersigned agrees never directly or indirectly to Employee Claims for attorney fees commence or punitive damages, as well as Employee Claims arising under any federal or state law, statuteprosecute, or regulationassist in the filing, local ordinancecommencement or prosecution of any action, contract, tort, proceeding or charge against the Releasees or any other statutory of them arising out of or common law claims recognized under federal, state, or local law. Except as provided in this Agreement, Employee acknowledges and agrees that relating to the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his undersigned's employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, Company and any other incentive compensationthe termination of such employment. This release shall be interpreted broadly The undersigned represents that the undersigned has been advised to accomplish its purpose consult with an attorney prior to executing this Release. The undersigned acknowledges that the undersigned has been given a period of being at least twenty-one days to consider this Release. For a full release period of all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after seven days following the Effective Date execution of this AgreementRelease by the undersigned, (ii) arises from the undersigned may revoke this Agreement itselfRelease and this Release shall not become effective or enforceable until such seven-day period has expired. Date: , (iii) cannot be waived or released under the law, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Date, including any 401(k) match required under the terms of Employer’s 401(k) plan.---------------------------------- [ ]

Appears in 1 contract

Samples: Ramsay Youth Services Inc

Employee Release. EmployeeI, on behalf Dxxxxx X. Xxxxxx, in consideration of himself and his subject to the performance by Summit Hotel Properties, Inc. (the “Company”), of its obligations under the Amended and Restated Employment Agreement dated as of December 16, 2020 (the “Agreement”), do hereby release and forever discharge as of the date hereof the Company and its respective affiliates, subsidiaries and direct or indirect parent entities and all present, former and future directors, officers, agents, representatives, employees, successors and assigns of the Company and/or its respective affiliates, subsidiaries and direct or indirect parent entities (collectively, the “Released Parties”) to the extent provided below. The Released Parties are intended to be third-party beneficiaries of this General Release, and this General Release may be enforced by each of them in accordance with the terms hereof in respect of the rights granted to such Released Parties hereunder. Terms used herein but not otherwise defined shall have the meanings given to them in the Agreement. I understand that any payments or benefits paid or granted to me under Section 10 of the Agreement represent, in part, consideration for signing this General Release and are not salary, wages or benefits to which I was already entitled. I understand and agree that I will not receive the payments and benefits specified in Section 10 of the Agreement other than the Standard Termination Benefits unless I execute this General Release and do not revoke this General Release within the time period permitted hereafter. Such payments and benefits will not be considered compensation for purposes of any employee benefit plan, program, policy or arrangement maintained or hereafter established by the Company or its affiliates. Except as provided in paragraphs 4 and 5 below and except for the provisions of the Agreement which expressly or by their nature survive the termination of my employment with the Company, I knowingly and voluntarily (for myself, my heirs, executors, administrators, agents, administrators and assigns, ) release and other representatives, hereby fully and unconditionally releases and discharges, and promises not to file a lawsuit against, forever discharge the Company and the other Released Parties from and for any and all claims, demandssuits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liabilitiesliquidated damages, obligationspunitive or exemplary damages, promises other damages, claims for costs and agreements attorneys’ fees, or liabilities of any kind, whether nature whatsoever in law or equity and in equity, both past and present (through the date that this General Release becomes effective and enforceable) and whether known or unknown that Employee had at any time before unknown, suspected, or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee Claims arising out of or related to any act or failure to act by claimed against the Company or Employee’s any of the Released Parties which I, my spouse, or any of my heirs, executors, administrators or assigns, may have, by reason of any matter, cause, or thing whatsoever, from the beginning of my initial dealings with the Company to the date of this General Release, and particularly, but without limitation of the foregoing general terms, any claims arising from or relating in any way to my employment relationship or separation from employment with the Company. This release includes , the terms and conditions of that employment relationship, and the termination of that employment relationship (including, but is not limited to Employee Claims for attorney fees to, any allegation, claim or punitive damagesviolation, arising under: Title VII of the Civil Rights Act of 1964, as well amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Employee Claims arising Retirement Income Security Act of 1974; any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any federal other federal, state or state local civil or human rights law, statute, or regulation, local ordinance, contract, tort, or under any other statutory or common law claims recognized under federallocal, state, or local federal law. Except as provided in this Agreement, Employee acknowledges and agrees that the Company does not owe him regulation or ordinance; or under any other compensation public policy, contract or benefits tort, or under common law; or arising under any policies, practices or procedures of any type whatsoever for his services rendered during his employment with the Company; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, fees, or for any other reasonexpenses, including commissions, bonuses, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full release of attorneys’ fees incurred in these matters) (all Employee Claims and Employee’s promise not to sue. However, nothing in this release prohibits Employee from pursuing any Employee Claim that: (i) arises after the Effective Date of this Agreement, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the law, or (iv) relates to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Date, including any 401(k) match required under foregoing collectively referred to herein as the terms of Employer’s 401(k) plan“Claims”).

Appears in 1 contract

Samples: Mutual Release (Summit Hotel Properties, Inc.)

Employee Release. EmployeeExcept for the Stock Option Agreement or as otherwise provided in this Agreement, on behalf as of himself the Separation Date, Employee and his heirsBuurman’s Company hereby and forever release and discharge Collexis and each director, executorsofficer, administratorsemployee, agentsconsultant, assignsshareholder, parent, subsidiary, successor, assign and other representatives, hereby fully and unconditionally releases and discharges, and promises not to file a lawsuit againstaffiliate thereof (collectively, the Company “Collexis Released Parties”) from and for any and all claimsClaims, demandsincluding, actionswithout limitation, damages, liabilities, obligations, promises any and agreements of any kind, whether in law or equity and whether known or unknown that Employee had at any time before or through the Separation Date (“Employee Claims”). This release includes without limitation a release and waiver of any Employee all such Claims arising out of or related to, Employee’s Employment Agreement and any and all rights thereunder or termination thereof; any rights or promises made or believed to have been made with respect to any act shares, options or failure to act other securities in or issued by the Company Collexis Released Parties; and any and all rights, claims or Employee’s employment relationship or separation from employment with the Company. This release includes but is not limited to Employee Claims for attorney fees or punitive damages, as well as Employee Claims arising under any federal or state law, statuteinterests in, or regulationin any way related to, local ordinance, contract, tort, any of the assets or properties of or used by all or any other statutory or common law claims recognized under federal, state, or local lawone of the Collexis Released Parties (the “Employee Release”). Except as provided in this Agreement, The foregoing Employee acknowledges Release shall constitute a complete and agrees that the Company does not owe him any other compensation or benefits of any type whatsoever for his services rendered during his employment with the Company, or for any other reason, including commissions, bonuses, expenses, equity, and any other incentive compensation. This release shall be interpreted broadly to accomplish its purpose of being a full general release of all Employee such Claims and Employee’s promise a covenant not to suesxx all or any one of the Collexis Released Parties relating to such Claims. However, nothing in this release prohibits Employee from pursuing Notwithstanding any Employee Claim that: (i) arises after the Effective Date provision of this AgreementAgreement to the contrary, (ii) arises from this Agreement itself, (iii) cannot be waived or released under the law, or (iv) relates but subject to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as any other agreement that may exist between any one of the Separation DateEmployee Released Parties and any Collexis Released Party with respect to the Buurman Stock Sale (as defined below), including in no event shall this Employee Release constitute a release by either Employee or Buurman’s Company of Claims for monies (the “Purchase Price”) due from the private sale (the “Buurman Stock Sale”) by either of Collexis B.V.’s shares (the “Buurman Stock”)(which shares have since been exchanged for CHI’s common shares via a corporate reorganization (the “Exchange”)) to any 401(kCollexis Released Party (other than Collexis) match required under who is obligated to pay the terms of EmployerPurchase Price or such person’s 401(k) planobligation to pay the Purchase Price in connection with the Buurman Stock Sale.

Appears in 1 contract

Samples: Separation and Settlement Agreement (Collexis Holdings, Inc.)

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