Common use of Full Release Clause in Contracts

Full Release. For the consideration set forth in the Transition and Separation Agreement entered into between the Company and Executive, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26, 2010 (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, employee benefit plans of the Company, or Executive’s right to indemnification as provided in the Company’s Charter and ByLaws.

Appears in 2 contracts

Samples: Transition and Separation Agreement, Transition and Separation Agreement (Wet Seal Inc)

AutoNDA by SimpleDocs

Full Release. For In consideration of the consideration promises and payments of the amounts set forth in the Transition Retirement and Separation Agreement entered into between the Company and ExecutiveConsulting Agreement, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of March 1, 2010 2009 (the “Employment Retirement Agreement”) and for other fair and valuable consideration therefor, the Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, agents, insurers, subsidiaries, parents, affiliates, successors and agents assigns (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this ReleaseAgreement, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Retirement Agreement upon termination of employment, Annual Bonus and Awards in the Company, employee benefit plans of the Company, Company or Executive’s right to indemnification as provided in the Company’s Charter and ByLawsdirectors’ and officers’ insurance.

Appears in 1 contract

Samples: Retirement and Consulting (Ipc Holdings LTD)

Full Release. For the consideration set forth in the Transition Change in Control and Separation Agreement entered into between the Company and ExecutiveSeverance Agreement, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of January 7, 2010 2013 (the “Employment Severance Agreement”) and for other fair and valuable consideration therefor, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Severance Agreement upon termination of employment, employee benefit plans of the Company, Executive’s equity awards and equity in the Company, or Executive’s right to indemnification as provided in Executive’s Indemnification Agreement with the Company, the Company’s Charter bylaws (as amended from time to time), the Restated Certificate of Incorporation of the Company (as amended from time to time), any other plan or agreement or at law, or Executive’s coverage under any directors and ByLawsofficers liability insurance policies.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Wet Seal Inc)

Full Release. For the consideration set forth in the Transition and Separation Agreement entered into between the Company and Executive, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement , by and between the Company and Executive, dated as August 26, 2010 of [ ] (the “Employment Separation Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Release, against the Company Entities arising out of or in any way related to (i) Executive’s employment or termination or (ii) Executive’s Employment Agreement with the Company, dated as of his employment[ ], 2009 as amended and/or restated from time to time (the “Employment Agreement”); provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, vested benefits under employee benefit plans of the Company, or Executive’s right to indemnification as provided in Section 16 of the Company’s Charter and ByLawsEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Full Release. For the consideration set forth in the Transition and Separation Agreement entered into between the Company and ExecutiveEmployment Agreement, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of January 14, 2010 2011 (the “Employment Agreement”) and for other fair and valuable consideration therefortherefore, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this General Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any claims Executive may have in his capacity as a shareholder of the Company including without limitation, claims under the Stockholder Agreement, dated January 14, 2011, among the Company and the holders party thereto; the Registration Rights Agreement, dated January 14, 2011, among the Company and the holders party thereto; the Warrant, dated January 14, 2011; and the Company’s Charter and the By-Laws, or with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, employee benefit plans of the Company, or Executive’s right to indemnification and directors and officers insurance as provided in Section 9 of the Company’s Charter and ByLawsEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Affinion Group, Inc.)

AutoNDA by SimpleDocs

Full Release. For In consideration of the consideration amounts set forth in the Transition and Separation Agreement entered into between the Company and Executive, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of December , 2010 2006 (the “Employment Agreement”) ), and as a precondition for other fair and valuable consideration thereforreceiving same, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, agents, insurers, subsidiaries, parents, affiliates, successors and agents assigns (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimedclaimed by Releasors, which the Releasors havehave or may have that arise out of, from the beginning of time through concern, or relate in any way to any acts or omissions done or occurring prior to and including the date of this ReleaseAgreement, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, Executive’s equity grants in the Company, Executive’s rights under any employee benefit plans of the Company, or Executive’s right to indemnification as provided in Paragraph 11 of the Company’s Charter and ByLawsEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Max Capital Group Ltd.)

Full Release. For the consideration set forth in the Transition and Separation Agreement entered into between the Company and ExecutiveEmployment Agreement, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of May 2, 2010 2006 and as amended and restated as of ___________________, 2008 (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his her employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, employee benefit plans of the Company, or Executive’s right to indemnification as provided in the Company’s Charter and ByLawsBy-Laws.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Full Release. For the consideration set forth in the Transition and Separation Agreement entered into between the Company and ExecutiveEmployment Agreement, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26of [ ], 2010 2008, as amended and/or restated from time to time (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his her employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment, employee benefit plans of the Company, or Executive’s right to indemnification as provided in Section 16 of the Company’s Charter and ByLawsEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.