Common use of General Release of Claims Clause in Contracts

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 6 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

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General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the Company, that Employee Executive has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • The Minnesota Civil Rights Act, as amended; • The Minnesota Minimum Wage Law, as amended; • Equal Pay Law for Minnesota, as amended; • Any other foreign, federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state state, federal or federal foreign law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply are: (i) EmployeeExecutive’s rights of indemnification and directors and officers liability insurance coverage coverage, if any, to which the Executive was entitled immediately prior to __________ __, 20__ [INSERT TERMINATION DATE] with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)Company; (ii) EmployeeExecutive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) EmployeeExecutive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) EmployeeExecutive’s rights as a stockholder of the Companystockholder.

Appears in 5 contracts

Samples: Employment Agreement (Virtual Radiologic CORP), Employment Agreement (Virtual Radiologic CORP), Employment Agreement (Virtual Radiologic CORP)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees damages, fees, costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company; (v) Employee’s right to file charges with the Equal Employment Opportunity Commission, or any government agency concerning claims of discrimination, although Employee waives the Executive’s right to recover any damages or other relief in any claim or suit brought by or through the Equal Employment Opportunity Commission or any other federal, state or local agency on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law; and (vi) Employee’s rights that cannot be released by private agreement under applicable law.

Appears in 5 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

General Release of Claims. Employee The Releasing Party knowingly and voluntarily releases and forever discharges the Company Business Parties from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyBusiness Parties, that Employee the Releasing Party has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited towithout limitation, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The • the National Labor Relations Act, as amended; • the Civil Rights Act of 1866, as amended, Title VII of the Civil Rights Act of 1964, as amended; ● The , and the Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The • the Employee Retirement Income Security Act of 1974, as amended; ● The • the Immigration Reform and Control Act, as amended; ● The Americans • the American with Disabilities Act of 1990, as amended; ● The • the Age Discrimination in Employment At of 1967, as amended; • the Older Workers Benefit Protection Act of 1990; • the Worker Adjustment and Retraining Notification Act, as amended; ● The • the Occupational Safety and Health Act, as amended; ● The • the Family and Medical Leave Act of 1993; ● All • the Iowa Civil Rights Act of 1965 (Iowa Code Chapter 216), as amended; • the Iowa Wage Payment Collection Law (Iowa Code Chapter 91A), as amended; • the laws of the State of Iowa concerning wages, employment and discharge or any other law, rule, regulation or ordinance pertaining to employment, terms and conditions of employment, or termination of employment; • any other federal, state or local civil or human rights laws, whistleblower laws, laws or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • any public policy, contract, tort, or common lawslaw; and ● All allegations or • any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein No reference to the contraryaforementioned causes of action or claims is intended to limit the scope of this Agreement and General Release. Notwithstanding the above, the sole matters to which the Agreement and General Release do not apply are: (i) Employeethe Executive’s rights of indemnification and directors and officers liability insurance coverage pursuant to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director Section 4(k) of the Company (including, without limitation, under Article 15 of the Severance Agreement)Employment Agreement or otherwise; (ii) Employeethe Executive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) Employeethe Executive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) Employeethe Executive’s rights as a stockholder of the Companystockholder.

Appears in 5 contracts

Samples: Employment Agreement (Amerus Group Co/Ia), Employment Agreement (Amerus Group Co/Ia), Employment Agreement (Amerus Group Co/Ia)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees damages, fees, costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company; (v) Employee’s right to file charges or complaints with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”), although Employee waives the Executive’s right to recover any damages or other relief in any claim or suit brought by or through the Government Agencies on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law, provided, however, this Agreement and General Release does not limit Employee’s right to receive an award for information provided to any Government Agencies; and (vi) Employee’s rights that cannot be released by private agreement under applicable law.

Appears in 4 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

General Release of Claims. (A) The Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 (v) any rights of the Severance Agreement, as the case may be; and (iv) Employee’s rights Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 4 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges Employer, its parent corporation, affiliates and subsidiaries, each of their divisions, predecessors, insurers, successors and assigns, and all of their current and former employees, attorneys, officers, directors and agents, whether now in existence or hereafter created, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the Company remainder of this Agreement as “Releasees”), of and from any and all claims, complaints, actions, suits, arbitrations, disputes, rights, causes of actionpromises, demandsobligations, fees losses, damages, costs, expensesfees, including attorneys’ fees, and fees or liabilities of any every kind whatsoever, whether in law or in equity known or and unknown, against the Companyasserted or unasserted (“Claims”), that which Employee hasever had, now has ever had or may hereafter claim to have as by reason of any matter, cause or thing whatsoever: (i) arising from the beginning of time up to the date of execution of the Employee executes this Agreement and General ReleaseAgreement, including, but not limited toto (A) any such Claims relating in any way to Employee’s employment relationship with Employer or any other Releasee, (B) any alleged violation of: ● The such Claims arising under any federal, state, local or foreign statute or regulation, including, without limitation, the Age Discrimination in Employment Act of 1967, as amended; ● The amended by the Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The the Civil Rights Act of 1991; ● Sections 1981 through 1988 , the Rehabilitation Act of Title 42 1973, the Americans with Disabilities Act of 1990, the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The the Worker Adjustment and Retraining Notification ActAct of 1988, as amended; ● The 42 U.S.C. Section 1981, the Equal Pay Act of 1963, the Occupational Safety and Health Act of 1970, the Fair Credit Reporting Act of 1970, the Delaware, Discrimination in Employment Act, the Delaware Handicapped Persons Employment Protections Act, each as amended; ● The Family amended and Medical Leave Act including each of 1993; ● All their respective implementing regulations, and/or any other federal, state state, local or local civil foreign law (statutory, regulatory or human rights lawsotherwise) that may be legally waived and released, whistleblower laws, or and (C) any other local, state or federal law, regulations and ordinances; ● All such public policy, contract, tort, or common laws; and ● All allegations for costslaw Claim, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 breach of the Severance Agreement)contract, breach of a covenant of good faith and fair dealing, interference with business opportunity or contracts, negligence, misrepresentation, fraud, detrimental reliance, personal injury, assault, battery, defamation, false light, invasion of privacy, infliction of emotional distress, retaliation, constructive discharge, or wrongful discharge; (ii) arising out of or relating to the termination of Employee’s rights under any tax-qualified pension plan employment with Employer or claims for accrued vested benefits under any other employee benefit plan, policy Releasee; or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) arising under or relating to any policy, agreement, understanding or promise, written or oral, formal or informal, between Employer or any other Releasee and Employee’s rights under Article 7 or Article 11 of , including, but not limited to, the Severance Employment Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 3 contracts

Samples: Employment Agreement (DuPont De Nemours, Inc.), Employment Agreement (DuPont De Nemours, Inc.), Employment Agreement (Dupont E I De Nemours & Co)

General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the Company, that Employee Executive has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • The Minnesota Civil Rights Act, as amended; • The Minnesota Minimum Wage Law, as amended; • Equal Pay Law for Minnesota, as amended; • Any other foreign, federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state state, federal or federal foreign law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply are: (i) EmployeeExecutive’s rights of indemnification and directors and officers liability insurance coverage coverage, if any, to which the Executive he was entitled immediately prior to __________ __, 20__ [INSERT TERMINATION DATE] with regard to the Executive’s his service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)Company; (ii) EmployeeExecutive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) EmployeeExecutive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) EmployeeExecutive’s rights as a stockholder of the Companystockholder.

Appears in 3 contracts

Samples: Employment Agreement (Virtual Radiologic CORP), Employment Agreement (Virtual Radiologic CORP), Employment Agreement (Virtual Radiologic CORP)

General Release of Claims. (A) The Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 (v) any rights of the Severance Agreement, as the case may be; and (iv) Employee’s rights Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

General Release of Claims. (A) The Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; – The Age Discrimination in Employment Act of 1967, as amended; – The Older Workers Benefit Protection Act of 1990; – The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All – Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts; – Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All – Any public policy, contract, tort, or common lawslaw; and ● All allegations or – Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 (v) any rights of the Severance Agreement, as the case may be; and (iv) Employee’s rights Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Age Discrimination in Employment Act of 1967, as amended; · The Older Workers Benefit Protection Act of 1990; · The Worker Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Family and Medical Leave Act of 1993; ● All · Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts; · Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All · Any public policy, contract, tort, or common lawslaw; and ● All allegations or · Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Radius Health, Inc.), Executive Employment Agreement (Radius Health, Inc.), Executive Employment Agreement (Radius Health, Inc.)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - The Massachusetts Wage Act; - Massachusetts anti-discrimination laws, M.G.L Chapter 151B- Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts or the United States; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iiiii) Employee’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as Employment Agreement which are intended to survive termination of employment; ; or (iii) any rights of the case may be; and (iv) Employee’s rights Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.), Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unrnatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any applicable wage act; - Any applicable anti-discrimination laws; - Any wage payment and collection, equal pay and other similar laws, acts and statutes; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 2 contracts

Samples: Employment Agreement (INX LTD), Executive Employment Agreement (INX LTD)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • The Massachusetts Wage Act; • Massachusetts anti-discrimination laws, M.G.L Chapter 151B- Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts or the United States; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; or (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any wage payment and collection, equal pay and other similar laws, acts and statutes of the State of Washington; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Biozone Pharmaceuticals, Inc.), Executive Employment Agreement (Biozone Pharmaceuticals, Inc.)

General Release of Claims. Employee Xx. Xxxxxxxx knowingly and voluntarily releases and forever discharges discharges, to the Company extent permitted by law, E-OIR, Xxxxxxxx, their parent corporation, affiliates, subsidiaries, divisions, insurers, successors and assigns and their current and former employees, officers, directors and agents thereof, individually and in their corporate capacities (collectively referred to throughout the remainder of this Agreement as "Released Parties"), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted or unasserted, that Employee has, Xx. Xxxxxxxx has ever had or may have against the Released Parties as of the date of execution of this Agreement, except as noted in this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Xx. Xxxxxxxx Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; The Workers Adjustment and Retraining Notification Act, as amended; The Xxxxxxxx-Xxxxx Act of 2002; The Occupational Safety and Health Act, as amended; The Family Virginia Human Rights Act, as amended; The Virginia Statutory Provisions Regarding Retaliation/Discrimination for Filing a Workers' Compensation Claim, as amended; The Virginia Equal Pay Act, as amended; The Virginians With Disabilities Act, as amended; The Virginia AIDS Testing Law, as amended; The Virginia Wage Payment and Medical Leave Act of 1993Hour Laws, as amended; ● All The Virginia Occupational Safety and Health (VOSH) Law, as amended; Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All Any public policy, contract, tort, or common lawslaw; and ● All allegations or Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 2 contracts

Samples: Agreement and General (Technest Holdings Inc), Agreement and General (Markland Technologies Inc)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Executive”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “the Company”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known or and unknown, against the Company, that Employee which the Executive has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any applicable wage act; - Any applicable anti-discrimination laws; - Any wage payment and collection, equal pay and other similar laws, acts and statutes ; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply areto: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s express rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under COBRA; (ii) Executive’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) EmployeeExecutive’s rights as a stockholder (if Executive is a stockholder); or (iv) any rights of the Executive to indemnification as a Director or Officer of the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (INX LTD), Executive Employment Agreement (INX LTD)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ 20 with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 2 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; — The Age Discrimination in Employment Act of 1967, as amended; — The Older Workers Benefit Protection Act of 1990; — The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All — The STATE Civil Rights Act, as amended; — The STATE Minimum Wage Law, as amended; — Equal Pay Law for STATE, as amended; — Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All — Any public policy, contract, tort, or common lawslaw; and ● All allegations or — Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) the Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive he was entitled immediately prior to __________ __, 20__ DATE with regard to the Executive’s his service as an officer and director of the Company Employer (including, without limitation, under Article 15 Sections 13 and 14 of the Severance Employment Agreement); (ii) the Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) the Employee’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) the Employee’s rights as a stockholder of the Companystockholder.

Appears in 2 contracts

Samples: Executive Employment Agreement (Tyco International LTD /Ber/), Executive Employment Agreement (Tyco Healthcare Ltd.)

General Release of Claims. Employee The Releasing Party knowingly and voluntarily releases and forever discharges the Company Business Parties from any and all claims, rights, causes of actionactions, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyBusiness Parties, that Employee the Releasing Party has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited towithout limitation, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The • the National Labor Relations Act, as amended; • the Civil Rights Act of 1866, as amended, Title VII of the Civil Rights Act of 1964, as amended; ● The , and the Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The • the Employee Retirement Income Security Act of 1974, as amended; ● The • the Immigration Reform and Control Act, as amended; ● The • the Americans with Disabilities Act of 1990, as amended; ● The • the Age Discrimination in Employment Act of 1967, as amended; • the Older Workers Benefit Protection Act of 1990; • the Worker Adjustment and Retraining Notification Act, as amended; ● The • the Occupational Safety and Health Act, as amended; ● The • the Family and Medical Leave Act of 1993; ● All • the Iowa Civil Rights Act of 1965 (Iowa Code Chapter 216), as amended; • the Iowa Wage Payment Collection Law (Iowa Code Chapter 91A), as amended; • the laws of the State of Iowa concerning wages, employment and discharge or any other law, rule, regulation or ordinance pertaining to employment, terms and conditions of employment, or termination of employment; • any other federal, state or local civil or human rights laws, whistleblower laws, laws or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • any public policy, contract, tort, or common lawslaw; and ● All allegations or • any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein No reference to the contraryaforementioned causes of action or claims is intended to limit the scope of this Agreement and General Release. Notwithstanding the above, the sole matters to which the Agreement and General Release do not apply are: (i) Employeethe Executive’s rights of indemnification and directors and officers liability insurance coverage pursuant to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director Section 4(i) of the Company (including, without limitation, under Article 15 of the Severance Agreement)Employment Agreement or otherwise; (ii) Employeethe Executive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) Employeethe Executive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) Employeethe Executive’s rights as a stockholder of the Companystockholder.

Appears in 2 contracts

Samples: Employment Agreement (Renewable Energy Group, Inc.), Employment Agreement (Renewable Energy Group, Inc.)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive Vice President was entitled immediately prior to __________ __, 20__ with regard to the ExecutiveVice President’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 2 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ 20 with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Employment Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Employment Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Carmax Inc), Employment Agreement (Carmax Inc)

General Release of Claims. (A) The Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s 's express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee's rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s 's rights as a stockholder stockholder; or (v) any rights of the Executive to indemnification as a Director or Officer of the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - Any applicable wage act; - Any applicable anti-discrimination laws; - Any wage payment and collection, equal pay and other similar laws, acts and statutes ; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 2 contracts

Samples: Consultancy and Employment Agreement (INX LTD), Consultancy and Employment Agreement (INX LTD)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive Senior Vice President was entitled immediately prior to __________ __, 20__ 20 with regard to the ExecutiveSenior Vice President’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 2 contracts

Samples: Severance Agreement (Carmax Inc), Severance Agreement (Carmax Inc)

General Release of Claims. Employee Xxxxxxxx knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Cascade, its parent corporation, affiliates, subsidiaries, divisions, successors, predecessors and assigns and the current and former employees, attorneys, insurers, partners, owners, officers, directors, shareholders, agents thereof, the employee benefit plan for Cascade, plan fiduciaries and plan administrators (whether internal or external), (collectively referred to as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Xxxxxxxx has ever had or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; AGREEMENT AND GENERAL RELEASE Xxxxxxxx’x initials • The Occupational Safety and Health Act, as amended; • The Xxxxxxxx-Xxxxx Act of 2002; • The Family and Medical Leave Act, as amended to the extent permitted by law; • The Equal Pay Act, as amended; • Washington Law Against Discrimination, as amended, RCW 49.60 et seq.; • The National Labor Relations Act; • The Age Discrimination in Employment Act of 19931967, as amended; ● All • The Older Workers Benefit Protection Act; • The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), to the extent permitted by law; • Any provision of Title 49 of the Revised Code of Washington; • The Washington Minimum Wage Law, as amended, to the extent permitted by law; • Any provision of Title 296 of the Washington Administrative Code; • Any claim for failure to pay wages, bonuses, or commissions, including any claim for liquidated or double damages, to the extent permitted by law; • The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; • The Washington Consumer Protection Act, RCW 19.86 et seq.; • Any claim under a Collective Bargaining Agreement; • Any claim for negligent misrepresentation, intentional misrepresentation or fraud; • Any claim for intentional injury, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligent hiring, supervision or retention, or defamation; • Any claim for disparate impact on any basis; • Any claim for discrimination, harassment, failure to accommodate or retaliation; • Any public policy, contract, tort, or common law, including but not limited to claim(s) for wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; • Any claim for breach of any term or condition of an employee handbook or policy manual, including any claim for breach of any promise of specific treatment in specific circumstances; • Any claim for breach of contract, including but not limited to an employment contract; • Any claim for violation of any legal or equitable duty of good faith and fair dealing; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All public policy, contract, tort, or common laws; and ● All allegations • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein the foregoing, the release set forth in this section shall not apply to any vested benefits accrued by Xxxxxxxx prior to the contrary, the sole matters to which the effective date of this Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension compensation or benefit plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by Cascade for the Company or under the Consolidated Omnibus Budget Reconciliation Act benefit of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; its employees and (iv) Employee’s rights as a stockholder of the Companysubject to ERISA.

Appears in 1 contract

Samples: Agreement and General Release (Cascade Natural Gas Corp)

General Release of Claims. (a) In consideration of the payment and benefits described above and for other good and valuable consideration, Employee knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Employer”), of and from any and all claimsdebts, rightsobligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, demandsjudgments, fees costsdamages, expenses, including attorneys’ feesclaims or demands, in law or in equity, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, has ever had or may have against Employer as of the date of execution of this Agreement and General Release, regarding Employee’s employment at or termination of employment from Employer, any contract (express or implied), any claim for equitable relief or recovery of punitive, compensatory, or other damages or monies, attorneys’ fees, any tort, and all claims, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Worker Workers Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Xxxxxxxx-Xxxxx Act of 2002; · The National Labor Relations Act; · The Genetic Information Nondiscrimination Act of 2008; · The Equal Pay Act of 1963, as amended; · The Family and Medical Leave Act of 1993, as amended; ● All · The Fair Labor Standards Act, as amended; · The Consolidated Omnibus Budget Reconciliation Act, as amended; · The California Family Rights Act, as amended; · The Xxxxx Civil Rights Act; · The California Fair Employment and Housing Act, Gov. Code §§12940 et seq.; · The California Labor Code; · The California Civil Code; · The California Government Code; · The California Private Attorneys General Act, as amended; · The California Healthy Workplaces, Healthy Families Act, as amended; · Any other federal, state, or local insurance, human rights, civil rights, wage-hour, whistleblower, pension, sick leave, or labor laws, rules and/or regulations, public policy, contract or tort laws, or any claim of retaliation under such laws, or any claim arising under common law, including but not limited to, causes of action for wrongful termination; constructive discharge; discrimination or harassment on the basis of age, sex, sexual orientation, religion, marital status, race, disability or national origin or retaliation for opposing a discriminatory or unlawful practice; intentional infliction of emotional distress; negligent infliction of emotional distress; fraudulent misrepresentation; negligent misrepresentation; fraud; invasion of privacy; false imprisonment; conspiracy to commit any act mentioned herein; breach of contract (whether oral or written, express or implied); breach of the implied covenant of good faith and fair dealing; interference with business advantage; defamation; interference with prospective economic advantage; interference with contractual relationship; violation of any national, state or local civil statute, law, or human rights laws, whistleblower laws, ordinance; tortuous termination in violation of public policy; or any other localaction, state whether cognizable in law or federal lawin equity based upon any conduct up to and including the date of this Agreement and General Release; · Any claim for penalties, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may befees; and (iv) Employee’s rights as a stockholder of the Company· Any county, city, municipal or local statute, regulation or ordinance.

Appears in 1 contract

Samples: Avalonbay Communities Inc

General Release of Claims. Employee knowingly By signing and voluntarily releases and forever discharges the Company not revoking this Agreement, you release IP from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities claim of any kind whatsoeverarising out of or related to your employment with IP, the termination of your employment with IP, and any right or claim arising up through the date you sign this Agreement. You also agree that, except as provided in Paragraph 8 below, you will not file or be a party to any legal action, or claim against IP regarding these claims. International Paper Company - Single Severance This Agreement constitutes a “General Release of Claims” and covers all claims under federal, state or local law, whether known based on statute or unknown, against the Companycommon law, that Employee hasrelate to employment, has ever had or may have as of the date of execution of this Agreement and General Release, including, including but not limited to, any alleged violation ofall federal, state, and local discrimination laws, claims, charges, and legal actions under the following: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended(which prohibits age discrimination in employment); ● Title VII of the Civil Rights Act of 1964, as amendedamended (which prohibits harassment or discrimination in employment based on race, color, national origin, religion or sex); ● The Civil Rights Equal Pay Act (which prohibits paying men and women unequal pay for equal work); ● Family and Medical Leave Act (which provides for unpaid leave for family or medical reasons); ● Americans with Disabilities Act (which prohibits discrimination based on disability); ● Genetic Information Nondiscrimination Act of 19912008 (which prohibits use of genetic information to make decisions about health insurance and employment); ● Sections 1981 through 1988 Worker Adjustment and Retraining Notification Act (which requires sixty days’ notice of Title 42 of the United States Code, employment termination in certain situations such as amendedplant closing and mass lay-off); ● The Employee Retirement Income Security Act of 19741974 (“ERISA”), as amendedincluding any claims for breach of fiduciary duty under ERISA; and, The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All Any other federal, state or local civil or human rights laws, whistleblower lawsordinances, or any other localregulations prohibiting employment discrimination or regulating the terms and conditions of employment, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses (specifically including attorneys’ fees incurred in these matters. Notwithstanding anything herein but not limited to the contrary, New Jersey Conscientious Employee Protection Act and the sole matters to which the Minnesota Human Rights Act). This Severance Agreement and General Release also includes a release and waiver of any claims for breach of express or implied contract, any claims, whistleblower or anti-retaliation provisions under any federal, state or local statute or common law relating in any way to the employment relationship, and any right to any recovery of money or any other personal remedy. It applies both to claims that you know about and to claims you do not apply are: (i) Employee’s rights of indemnification know about. This Severance Agreement and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard General Release does not release or waive any workers’ compensation or unemployment benefit claims or International Paper Company - Single Severance any other claim to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan extent that those claims cannot be released or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companywaived according to applicable law.

Appears in 1 contract

Samples: Severance Agreement (International Paper Co /New/)

General Release of Claims. In exchange for the consideration set forth in Section 2 above, Employee knowingly and voluntarily releases and forever discharges Employer, and its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns and its and their employees, officers, directors, attorneys and agents, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (referred to collectively throughout the Company remainder of this Agreement as "Employer"), of and from any and all claims, rightsknown and unknown, causes of actionwhich Employee, demandsEmployee’s heirs, fees costsexecutors, expensesadministrators, including attorneys’ feessuccessors, and liabilities assigns (referred to collectively throughout the remainder of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had this Agreement as "Employee") have or may have against Employer as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The •The National Labor Relations Act, as amended; ● Title •Title VII of the Civil Rights Act of 1964, as amended; ● The •The Civil Rights Act of 1991; ● Sections •Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The •The Employee Retirement Income Security Act of 1974, as amended; ● The •The Immigration Reform and Control Act, as amended; ● The •The Americans with Disabilities Act of 1990, as amended; ● The •The Worker Adjustment and Retraining Notification Act, as amended; ● The •The Occupational Safety and Health Act, as amended; ● The •The Fair Credit Reporting Act; •The Family and Medical Leave Act of 1993; ● All •The Age Discrimination in Employment Act of 1967; •The Older Workers Benefit Protection Act of 1990; •New York Human Rights Law, N.Y. Exec. Law § 296, et. seq.; •New York City Human Rights Law, NYC Code § 8-101 ; •New York Equal Pay Law, N.Y. Lab. Law §194, •New York Equal Rights Law, N.Y. Civ. Rights §40e, •New York Off-duty Conduct Lawful Activities Discrimination Law, N.Y. Lab. Law. §201-d; •New York Minimum Wage Act, N.Y. Lab. Law §§ 650 to 665; •New York Wage and Hour Law, N.Y. Lab. Law § 190 et seq.; •New York Whistleblower Statute, N.Y. Lab Law. § 740; •The New York Labor Law; •any amendments to the foregoing statutes; •any other federal, state or local civil civil, human rights, bias, whistleblower, discrimination, retaliation, compensation, employment, labor or human rights lawsother law regulation or ordinance; •any benefit, whistleblower lawspayroll or other plan, policy or any other local, state or federal law, regulations and ordinancesprogram; ● All •any public policy, contract, tortthird-party beneficiary, tort or common lawslaw claim; and ● All allegations or •any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyfees.

Appears in 1 contract

Samples: Agreement and General Release (Veeco Instruments Inc)

General Release of Claims. Employee knowingly In consideration for the commitments and voluntarily benefits set forth in Paragraph 2 above, the Consideration which Xx. Xxxxxxx hereby acknowledges is in addition to anything of value to which she is already entitled, Xx. Xxxxxxx releases and forever discharges Northeast Bancorp, Northeast Bank and each of their affiliates, subsidiaries, divisions, successors and assigns, and their respective employee benefit plans and fiduciaries of such plans, and the Company current and former officers, directors, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to throughout this Separation Agreement as the “Released Parties”), generally from any and all claims, rights, causes of action, demands, fees costsdebts, expenses, including attorneys’ fees, damages and liabilities of any kind whatsoeverevery name and nature, whether known or unknownunknown (“Claims”) that, against the Company, that Employee has, has ever had or may have as of the date when she signs this Separation Agreement, Xx. Xxxxxxx has, ever had, now claims to have or ever claimed to have had against any or all of execution the Released Parties. This release includes, without limitation, all Claims: · relating to Xx. Xxxxxxx’x employment by and termination of this Agreement and General Releaseemployment with Northeast; · of wrongful discharge or violation of public policy; · of breach of contract; · of defamation or other torts; · of retaliation or discrimination under federal, state or local law (including, but not limited towithout limitation, any alleged violation of: ● The Claims of discrimination or retaliation under the Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, as amended); ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or · under any other local, federal or state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company statute (including, without limitation, Claims under Article 15 of the Severance AgreementFair Labor Standards Act); (ii) Employee· for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect Xx. Xxxxxxx’x vested rights under any tax-qualified pension Northeast’s Section 401(k) plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s her rights under Article 7 this Separation Agreement. Notwithstanding the foregoing, this release shall not apply to any claim by Xx. Xxxxxxx to enforce this Separation Agreement or Article 11 to recover for any breach of this Separation Agreement. In the Severance event there is any third party action against the Released Parties in which there is a damages award or other equitable or legal remedies, including attorney’s fees or costs. Relating to the released Claims above and benefitting Xx. Xxxxxxx, she agrees not to accept such damages or other award. As a material inducement to Northeast to enter into this Separation Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the CompanyXx. Xxxxxxx represents that she has not assigned any Claim to any third party.

Appears in 1 contract

Samples: Separation Agreement (Northeast Bancorp /Me/)

General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Cascade, its parent corporation, affiliates, subsidiaries, divisions, successors, predecessors and assigns and the current and former employees, attorneys, insurers, partners, owners, officers, directors, shareholders, agents thereof, the employee benefit plan for Cascade, plan fiduciaries and plan administrators (whether internal or external), (collectively referred to as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Executive has ever had or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Xxxxxxxx-Xxxxx Act of 2002; • The Family and Medical Leave Act, as amended to the extent permitted by law; • The Equal Pay Act, as amended; • Washington Law Against Discrimination, as amended, RCW 49.60 et seq.; • The National Labor Relations Act; • The Age Discrimination in Employment Act of 19931967, as amended; ● All • The Older Workers Benefit Protection Act; AGREEMENT AND GENERAL RELEASE Executive’s initials • The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), to the extent permitted by law; • Any provision of Title 49 of the Revised Code of Washington; • The Washington Minimum Wage Law, as amended, to the extent permitted by law; • Any provision of Title 296 of the Washington Administrative Code; • Any claim for failure to pay wages, bonuses, or commissions, including any claim for liquidated or double damages, to the extent permitted by law; • The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; • The Washington Consumer Protection Act, RCW 19.86 et seq.; • Any claim under a Collective Bargaining Agreement; • Any claim for negligent misrepresentation, intentional misrepresentation or fraud; • Any claim for intentional injury, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligent hiring, supervision or retention, or defamation; • Any claim for disparate impact on any basis; • Any claim for discrimination, harassment, failure to accommodate or retaliation; • Any public policy, contract, tort, or common law, including but not limited to claim(s) for wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; • Any claim for breach of any term or condition of an employee handbook or policy manual, including any claim for breach of any promise of specific treatment in specific circumstances; • Any claim for breach of contract, including but not limited to an employment contract; • Any claim for violation of any legal or equitable duty of good faith and fair dealing; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All public policyor Notwithstanding the foregoing, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred the release set forth in these matters. Notwithstanding anything herein this section shall not apply to any vested benefits accrued by Executive prior to the contrary, effective date of this Agreement under any compensation or benefit plan maintained by Cascade for the sole matters benefit of its employees that is subject to which the section 203 of ERISA or to any claims for payments described in Section 2 of this Agreement and General Release do not apply are: (i) Employee’s rights and Section 6.4 of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyemployment agreement with Cascade.

Appears in 1 contract

Samples: Employment Agreement (Cascade Natural Gas Corp)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● · The National Labor Relations Act, as amended; · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Age Discrimination in Employment Act of 1967, as amended; · The Older Workers Benefit Protection Act of 1990; · The Worker Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Family and Medical Leave Act of 1993; ● All · The STATE Civil Rights Act, as amended; · The STATE Minimum Wage Law, as amended; · Equal Pay Law for STATE, as amended; · Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All · Any public policy, contract, tort, or common lawslaw; and ● All allegations or · Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) the Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive he was entitled immediately prior to __________ __, 20__ DATE with regard to the Executive’s his service as an officer and director of the Company Employer (including, without limitation, under Article 15 Sections 19 and 20 of the Severance Employment Agreement); (ii) the Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) the Employee’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) the Employee’s rights as a stockholder of the Companystockholder.

Appears in 1 contract

Samples: Executive Employment Agreement (Tyco International LTD /Ber/)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employees, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the Company remainder of this Agreement as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against asserted or unasserted, which the Company, that Employee has, has ever had or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan); The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967 (“ADEA”); • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Fair Credit Reporting Act, as amended; The Family and Medical Leave Act Act; • The Genetic Information Nondiscrimination Act; • The Equal Pay Act; • The Illinois Human Rights Act; • 820 ILCS 305/4(h) of 1993the Illinois Workers’ Compensation Act; ● All • Illinois common law regarding retaliation or discrimination for filing a workers’ compensation claim; • Illinois Equal Pay Act; • Illinois School Visitation Rights Act; • Illinois AIDS Confidentiality Act; • Illinois Right to Privacy in the Workplace Act; • Illinois Genetic Information Privacy Act; • Illinois Wage Payment and Collection Act; • Illinois Minimum Wage Law; • Illinois One Day Rest in Seven Act; • Illinois Eight Hour Work Day Act; • Illinois Health and Safety Act; • Illinois Whistleblower Act; • Illinois Victims’ Economic Safety and Security Act; • Illinois Worker Adjustment and Retraining Notification Act; • Illinois Personnel Records Review Act; • Illinois Criminal Identification Act; • Illinois Voter Leave Act; • Illinois Family Military Leave Act; • Illinois Joint Agency Rules of Sex Discrimination; • Illinois Joint Agency Rules on National Origin Discrimination; • Illinois Human Rights Commission Rules on Handicap Discrimination; • Illinois Human Rights Commission Rules on Unfavorable Military Discharge Discrimination; • Smoke Free Illinois Act; • Illinois Blood Donation Leave Act; • Illinois Civil Patrol Leave Law; • Illinois Jury Duty Leave Law; • Illinois Official Meetings Leave Law; • Illinois Witness Duty Leave Law; • Illinois Working Mothers in the Workplace Act; • Illinois Common Law Claims for Unlawful Retaliatory Discharge in Violation of Public Policy; • Xxxx County Human Rights Ordinance; • Chicago Human Rights Ordinance, as amended; • any other federal, state or local civil or human rights lawslaw, whistleblower lawsrule, regulation, or ordinance; • any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawslaw; and ● All allegations or • any basis for recovering costs, fees, and or other expenses expenses, including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (Methode Electronics Inc)

General Release of Claims. Employee The Releasing Party knowingly and voluntarily releases and forever discharges the Company Business Parties from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the CompanyBusiness Parties, that Employee the Releasing Party has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited towithout limitation, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; • The Civil Rights Act of 1866, as amended, Title VII of the Civil Rights Act of 1964, as amended; ● The , and the Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • The Iowa Civil Rights Act of 1965 (Iowa Code Chapter 216), as amended; • The Iowa Wage Payment Collection Law (Iowa Code Chapter 91A), as amended; • The laws of the State of Iowa concerning wages, employment and discharge or any other law, rule, regulation, or ordinance pertaining to employment, terms and conditions of employment, or termination of employment; • Any other federal, state state, or local civil or human rights laws, whistleblower laws, laws or any other local, state state, or federal law, regulations and ordinancesregulation, or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein No reference to the contraryaforementioned causes of action or claims is intended to limit the scope of this Agreement and General Release. Notwithstanding the above, the sole matters to which the Agreement and General Release do not apply are: (i) Employeethe Executive’s rights of indemnification and directors and officers liability insurance coverage pursuant to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director Section 11(o) of the Company (including, without limitation, under Article 15 of the Severance Agreement)Employment Agreement or otherwise; (ii) Employeeany rights or claims to contribution the Executive may have in the event of the entry of judgment against him as a result of any act or failure to act for which both he and the Company (or its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent or subsidiary entities, insurers, affiliates or assigns) are jointly responsible; (iii) the Executive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Business Parties or under COBRA (including without limitation the Consolidated Omnibus Budget Reconciliation Act of 1985vested RSUs and SARs, as amendeddefined in the Employment Agreement); (iiiiv) Employeethe Executive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as Employment Agreement which are intended to survive termination of employment; (v) the case may be; and (iv) EmployeeExecutive’s rights as a stockholder stockholder; or (vi) any claims, causes of action, demands, fees and liabilities arising after the Companyexecution of this Agreement and General Release.

Appears in 1 contract

Samples: Employment Agreement (Renewable Energy Group, Inc.)

General Release of Claims. Employee knowingly In consideration of, among other terms, the payments and benefits described in Section 2, the extent to which you acknowledge you would otherwise not be entitled, you voluntarily releases release and forever discharges discharge the Company Company, its affiliated and/or related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from any and all claims, rights, causes of action, demands, fees costsdebts, expenses, including attorneys’ fees, damages and liabilities of any kind whatsoeverevery name and nature, whether known or unknownunknown (“Claims”), against the Companythat, that Employee has, has ever had or may have as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of execution the Releasees. This release includes, without limitation, all Claims: ● relating to your employment by and retirement from employment with the Company; ● of this Agreement and General Releasewrongful discharge; Xx. Xxxxxx X. Story, Jr. November 14, 2011 ● of breach of contract; ● of retaliation or discrimination under federal, state or local law (including, but not limited towithout limitation, any alleged violation of: ● The Claims of age discrimination or retaliation under the Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964, as amended1964 and Claims of discrimination or retaliation under Mass. Gen. Laws ch. 151B); ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of under any other federal or state statute (including, but not limited to, the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended); ● The Immigration Reform and Control Act, as amendedof defamation or other torts; ● The Americans with Disabilities Act of 1990, as amendedviolation of public policy; ● The Worker Adjustment and Retraining Notification Actfor wages, as amended; ● The Occupational Safety and Health Actbonuses, as amended; ● The Family and Medical Leave Act of 1993; ● All other federalincentive compensation, state or local civil or human rights lawsstock, whistleblower lawsstock options, vacation pay or any other local, state compensation or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawsbenefits; and ● All allegations for costsdamages or other remedies of any sort, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)compensatory damages, punitive damages, injunctive relief and attorney’s fees; (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit planprovided, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985however, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s that this release shall not affect your rights as a stockholder retiree as of the Retirement Date under the Company’s benefit and incentive plans and governing practices or your rights under this Agreement. You agree that you shall not seek or accept damages of any nature, other equitable or legal remedies for your own benefit, attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, you represent that you have not assigned to any third party and you have not filed with any agency or court any Claim released by this Agreement. The Company represents that it is unaware of any claims, demands, debts, damages and liabilities of any kind that the Company may have against you as of the date of this Agreement and that your willingness to enter into this Agreement and provide the release set forth in this Section is in consideration, in part, on that representation.

Appears in 1 contract

Samples: COURIER Corp

General Release of Claims. Subject to the full satisfaction by the Employer of its obligations under the Employment Agreement, Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; — The Age Discrimination in Employment Act of 1967, as amended; — The Older Workers Benefit Protection Act of 1990; — The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All — Any wage payment and collection, equal pay and other similar laws, acts and statutes of the State of Connecticut; — Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All — Any public policy, contract, tort, or common lawslaw obligation; and ● All allegations for or — Any obligation to pay costs, fees, and or other expenses including attorneys’ fees incurred in these mattersattorneys fees. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply areaffect: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy policy. payroll practice, or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s right to exercise any vested options after employment termination as provided under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedOption Plan; (iii) Employee’s rights as a holder of any units or other form of equity in Colt under Article 7 the Limited Liability Company Agreement or Article 11 of the Severance Agreement, as the case may beapplicable law; and or (iv) Employee’s any rights as a stockholder to defense or indemnification provided for under Paragraph 14 of the CompanyEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Colt Finance Corp.)

General Release of Claims. Employee Xx. Xxxxxx (her heirs, executors, administrators, successors, and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases and forever discharges Kimco, its owners, affiliates, subsidiaries, divisions, insurers, attorneys, successors and assigns and the Company current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Employer”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the Company, that Employee has, has ever had or may have against Employer as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● · Title VII of the Civil Rights Act of 1964, as amended; · The National Labor Relations Act; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Xxxxxxxx-Xxxxx Act of 2002; · The Americans with Disabilities Act of 1990, as amended; · The Worker Equal Pay Act; · The Family and Medical Leave Act; · The Age Discrimination in Employment Act of 1967; · The Workers Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Family Fair Credit Reporting Act; · The New York State Executive Law (including its Human Rights Law); · The New York State Labor Law; · The New York wage and Medical wage–hour laws; · The New York City Administrative Code (including its Human Rights Law); · The North Carolina Equal Employment Practices Act; · The North Carolina Parental Leave Act of 1993for School Involvement; ● All · The North Carolina Smokers’ Rights Law; · The North Carolina Persons With Disabilities Protection Act; · The North Carolina Communicable Disease Law; · The North Carolina Genetic Testing Law; · The North Carolina Retaliatory Employment Discrimination Law; · The North Carolina Occupational Safety and Health Act; · The North Carolina wage and wage–hour laws; · Any other federal, state or local civil civil, human rights, bias, whistleblower, discrimination, retaliation, compensation, employment, labor or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All · Any amendments to the foregoing laws; · Any benefit, payroll or other plan, policy or program; · Any public policy, contract, tortthird-party beneficiary, tort or common lawslaw claim; and ● All allegations or, · Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these mattersfees. Notwithstanding anything herein If any claim is not subject to release, to the contraryextent permitted by law, the sole matters Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as Employer is a stockholder of the Companyparty.

Appears in 1 contract

Samples: Agreement and General Release (Kimco Realty Corp)

General Release of Claims. Employee knowingly and voluntarily Executive hereby releases and forever discharges CVS Caremark Corporation and each of its divisions, affiliates, subsidiaries and operating companies, and the Company respective officers, directors, employees, agents and affiliates of each of them (collectively, the “Released Parties”) from any and all claims, rights, causes of action, demandslawsuits, fees costsproceedings, expensescomplaints, including attorneys’ feescharges, debts, contracts, judgments, damages, claims, and liabilities of any kind whatsoeverattorneys fees against the Released Parties, whether known or unknown, against the Companywhich Executive ever had, that Employee hasnow has or which Executive or Executive’s heirs, has ever had executors, administrators, successors or assigns may have as of prior to the date of execution of this Agreement and General Releaseis signed by Executive, includingdue to any matter whatsoever relating to Executive’s employment, compensation, benefits, and/or termination of Executive’s employment with CVS Caremark (collectively, the “Released Claims”). The Released Claims include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act claim that any of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The the Released Parties violated the National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee the Executive Retirement Income Security Act of 1974Act, as amended; ● The the Immigration Reform and Control Act, as amended; ● The the Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The the Age Discrimination in Employment Act, the Family and Medical Leave Act, and/or the Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act any claim that any of 1993; ● All the Released Parties violated any other federal, state or local civil or human rights lawsstatute, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All any claim of unlawful discrimination of any kind; any public policy, contract, tort, or common lawslaw claim; and ● All allegations any claim for costs, fees, and or other expenses including attorneys’ attorney’s fees incurred in these matters. Notwithstanding anything herein the foregoing, this release does not include any rights that Executive cannot lawfully waive, and will not release any rights Executive has to (a) defense and indemnification from CVS Caremark or its insurers for actions taken by Executive in the course and scope of Executive’s employment with CVS Caremark to the contrary, extent permitted by applicable law and the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights governing documents of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)CVS Caremark Corporation; (iib) Employee’s claims, actions, or rights arising under any tax-qualified pension plan or claims for accrued to enforce the terms of this Agreement; and/or (c) vested benefits under any other employee benefit retirement or pension plan and/or deferred compensation plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Separation Agreement (CVS Caremark Corp)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges Employer, its parent corporation, affiliates, subsidiaries, divisions, successors and assigns and the Company current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as "Employer"), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have against Employer as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amendedamended ("ERISA"); The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; ● The Family • Maryland Human Relations Commission Act (MHRCA)—Md. Code Art. 49B §1 et seq.; • Maryland Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers' Compensation Claim—Md. Labor & Employment Code § 9-1105; • Maryland Equal Pay Law—Md. Labor & Employment Code § 3-301 et seq.; • Maryland Adoption Leave Law—Md. Labor & Employment Code §§ 3-801 and 3-802; • Maryland Medical Information Bias Law—Md. Labor & Employment Code § 5-604; • Maryland Military Leave Act Law—Md. Public Safety Code sec. 13-705; • Maryland law protecting witnesses, jurors and victims who attend court proceedings, Md. Courts and Judicial Proceedings Code §§8-105, 9-205; • Maryland Day of 1993Rest Law—Md. Labor & Employment Code § 3-704; ● All • Maryland Wage Payment and Work Hour Laws—Md. Labor & Employment Code §§ 3-401 et seq. and 3-501 et seq.; • Maryland Occupational Safety & Health Act, as amended—Md. Labor & Employment Code § 5-101 et seq.; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (Medimmune Inc /De)

General Release of Claims. Employee knowingly (a) For good and voluntarily releases valuable consideration, including the consideration provided under Section 2 (and any portion thereof), Bxxxxx hereby releases, discharges and forever discharges acquits the Company and Company Parties, from liability for, and Bxxxxx hereby waives, any and all claims, rights, causes of actiondamages, demands, fees costs, expenses, including attorneys’ fees, and liabilities or causes of action of any kind whatsoeverthat Bxxxxx has or could have, whether known or unknown, against any Company Party, including any and all claims, damages, demands, or causes of action relating to Bxxxxx’ employment relationship with any Company Party, the Companytermination of such employment relationship, that Employee has, has ever had or may have as of any other acts or omissions related to any matter occurring or existing on or prior to the date of execution of that Bxxxxx executes this Agreement and General ReleaseAgreement, including, but not limited to, (i) any alleged violation through such date of: ● The Age Discrimination in Employment (A) the Family and Medical Leave Act of 1967, as amended1993; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● (B) Title VII of the Civil Rights Act of 1964, as amended; ● The (C) the Civil Rights Act of 1991; (D) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The (E) the Americans with Disabilities Act of 1990; (F) the Employee Retirement Income Security Act of 1974, as amended1974 (“ERISA”); ● The (G) the Immigration Reform and Control Act, as amended; ● The (H) the Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The (I) the Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993(J) the National Labor Relations Act; ● All other (K) any federal, state or local civil anti-discrimination or human rights lawsanti-retaliation law; (L) any federal, whistleblower laws, state or local wage and hour law; (M) any other local, state or federal law, regulations regulation or ordinance, including the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and ordinancesSafety Act, and the Arizona Medical Marijuana Act; ● All and (N) any public policy, contract, tort, or common lawslaw claim; and ● All allegations (ii) any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contraryin, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __or with respect to, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendeda Released Claim; (iii) Employee’s rights any and all rights, benefits or claims Bxxxxx may have under Article 7 any employment contract, incentive compensation plan or Article 11 equity-based plan with any Company Party, including, but not limited to, payment of bonuses for the Severance Agreementfiscal year ending December 31, 2022 or any prior period; (iv) any claim (whether direct or derivative) arising from, or relating to, Bxxxxx’ status as a shareholder or the case may beholder of any interests in the Company or any of its subsidiaries; and (ivv) Employee’s rights as a stockholder any claim for compensation or benefits of any kind not expressly set forth in this Agreement (collectively, the Company“Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES.

Appears in 1 contract

Samples: Transition Agreement and General Release of Claims (Wrap Technologies, Inc.)

General Release of Claims. Employee Executive and Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement and General Release as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as the “Employer”) from any and all actions, causes of action, 1 This number assumes acceleration occurs if Employee satisfies the Conditions set forth in Section 9 of the Employment Agreement. contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, nature or description, oral or written, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known or and unknown, against the CompanyEmployer, that which Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • Any wage payment and collection, equal pay and other similar laws (including but not limited to the Fair Labor Standards Act and claims for wages, bonuses, incentive compensation, commissions, vacation pay or any other compensation or benefits either under the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150C, or otherwise), and acts and statutes of the Commonwealth of Massachusetts; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation or claim for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief, costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amended; the Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and a stockholder; (iv) Employee’s any rights of the Executive to indemnification as a stockholder director or officer of the Company; or (v) any rights that cannot be released as a matter of applicable law, but only to the extent such rights may not be released under such applicable law. Employee agrees not to accept damages of any nature, other equitable or legal remedies for Employee’s own benefit or attorney’s fees or costs from the Employer with respect to any claim released by this Agreement and General Release. Employee represents and warrants to the Employer that there has been no assignment or other transfer of any interest in any claim that Employee may have against the Employer. Employee agrees to indemnify and hold harmless the Employer from any liability, claims, demands, damages, costs, expenses and attorneys’ fees incurred as a result of any such assignment or transfer from Employee.

Appears in 1 contract

Samples: Agreement and General Release (Radius Health, Inc.)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● · The National Labor Relations Act, as amended; · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Age Discrimination in Employment Act of 1967, as amended; · The Older Workers Benefit Protection Act of 1990; · The Worker Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Family and Medical Leave Act of 1993; ● All · The STATE Civil Rights Act, as amended; · The STATE Minimum Wage Law, as amended; · Equal Pay Law for STATE, as amended; · Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All · Any public policy, contract, tort, or common lawslaw; and ● All allegations or · Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) the Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive he was entitled immediately prior to __________ __September 28, 20__ 2012 with regard to the Executive’s his service as an officer and director of the Company Employer (including, without limitation, under Article 15 Sections 19 and 20 of the Severance Employment Agreement); (ii) the Employee’s rights of indemnification and directors and officers liability insurance coverage to which he will continue to be entitled to as the Chairman of the Board of Directors of Employer; (iii) the Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iiiiv) the Employee’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and (ivv) the Employee’s rights as a stockholder of the Companystockholder.

Appears in 1 contract

Samples: Agreement and General Release (Tyco International LTD)

General Release of Claims. As a material inducement to Employer to enter into the Retirement Agreement and to make the payments and grant the benefits described therein, Employee knowingly and voluntarily and irrevocably and unconditionally releases and forever discharges the Company Releasees, of and from any and all claims, rightsagreements, causes of action, demands, fees costs, expenses, including attorneys’ fees, and or liabilities of any kind whatsoevernature whatsoever (“claims”) that Employee has or may have, whether known or unknown, against the Company, that Employee has, has ever had or may have Releasees as of the date of execution of this Agreement and General ReleaseRelease by Employee, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; ● The , including by the Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Fair Labor Standards Act, 29 U.S.C. § 201, et seq. The Employee Retirement Income Security Act of 1974, as amended; The Consolidated Omnibus Reconciliation Act; The Immigration Reform and Control Act, as amended; The Americans American with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act, as amended; The Xxxxxxxx-Xxxxx Act of 19932002, as amended; ● All The Fair Credit Reporting Act; The Uniform Services Employment and Reemployment Rights Act, as amended; The National Labor Relations Act, as amended; The Equal Pay Act, as amended The Genetic Information Nondiscrimination Act of 2008; The Wisconsin Fair Employment Act (Wis. Stat. Xxx. §§ 111.31 to 111.395); The Wisconsin Wage Claim and Payment Law (Wis. Stat. Xxx. §§ 109.03 and 109.09); The Wisconsin Business Closing and Mass Layoff Law (Wis. Stat. Xxx. §§ 109.07 and 109.075); The Wisconsin Family and Medical Leave Law (Wis. Stat. Xxx. § 103.10); The Wisconsin Personnel Records Statute (Wis. Stat. Xxx. § 103.13); The Wisconsin Employment Peace Act (Wis. Stat. Xxx. §§ 111.01 to 111.19); The Georgia Fair Employment Practices Act; The Georgia Equal Employment for Persons with Disabilities Code; The Georgia Equal Pay Act; The Georgia Prohibition of Age Discrimination in Employment Act; The Georgia Equal Employment for People with Disabilities Code; The Georgia Discriminatory Wage Practices Based on Sex Act; The New York State Human Rights Law; The New York State Human Rights Law (NYSHRL); The New York Labor Law (NYLL) (including but not limited to the Retaliatory Action by Employers Law, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law); the New York Civil Rights Law; Section 125 of the New York Workers' Compensation Law; Article 23-A of the New York Correction Law; Any Ordinances in the Nassau County, New York, Code; The Nevada Revised Statutes, Chapter 608 - Compensation, Wages And Hours; The Nevada Revised Statutes, Chapter 613 - Employment Practices; The New Jersey Law Against Discrimination; The New Jersey Family Medical Leave Act; The New Jersey Conscientious Employee Protection Act; The New Jersey Wage and Hour Law; The New Jersey Worker's Compensation Act; The New Jersey Equal Pay Act; The New Jersey Civil Union Act; The New Jersey Smoking Law; The Texas Labor Code including the Texas Payday Act; The Texas Anti-Retaliation Act; Chapter 21 of the Texas Labor Code; The Texas Whistleblower Act; the Georgia, Nevada, Wisconsin, New York, New Jersey, Texas or United States Constitutions; any other federal, state state, or local civil or human rights laws, whistleblower laws, law or any other local, state state, or federal law, regulations regulation or ordinance that may be legally waived and ordinancesreleased; ● All any public policy, contractcontract (oral or written, express or implied), tort, or common lawslaw; and ● All allegations or any claim for adding injunctive relief, costs, fees, and or other expenses including attorneys’ attorney’s fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Retirement Agreement and Release (Systemax Inc)

General Release of Claims. Employee I knowingly and voluntarily releases release and forever discharges discharge the Company Released Parties of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had I have or may have against the Released Parties as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; • The Xxxxx Xxxxxxxxx Fair Pay Act of 2009; • The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act; • The Family and Medical Leave Act of 1993, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Genetic Information Nondiscrimination Act of 19932008; ● All • The Florida Civil Rights Act, as amended; • The Florida Minimum Wage Law, as amended; • Equal Pay Law for Florida, as amended; • State and federal whistleblower laws; • Health Insurance Portability and Accountability Act; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any claim based on my employment or the termination of that employment, whether grounded in public policy, contract, tort, or common lawslaw or otherwise; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contraryBy entering into this Agreement, the sole matters to which the Agreement and General Release Released Parties do not apply are: admit they have violated any of these laws. Released Parties deny any liability to me whatsoever. I understand that this is a general release and nothing in this Agreement (ia) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)releases any claim that by law cannot be released by private agreement; (iib) Employee’s rights limits my right to any benefit vested under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (ivc) Employee’s rights as a stockholder limits or affects my right to challenge the validity of the Companythis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Chico's Fas, Inc.)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees damages, fees, costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights rights, if any, of indemnification and directors and officers liability insurance coverage to which the Executive Associate was entitled immediately prior to __________ __, 20__ with regard to the ExecutiveAssociate’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)Company; (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 7.3 or Article 11 7.5 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company; (v) Employee’s right to file charges or complaints with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”), although Employee waives the Associate’s right to recover any damages or other relief in any claim or suit brought by or through the Government Agencies on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law, provided, however, this Agreement and General Release does not limit Employee’s right to receive an award for information provided to any Government Agencies; (vi) Employee’s rights to file charges with the Equal Employment Opportunity Commission, or any government agency concerning claims of discrimination, although Employee waives the Associate’s right to recover any damages or other relief in any claim or suit brought by or through the Equal Employment Opportunity Commission or any other federal, state or local agency on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law; and (vii) Employee’s rights that cannot be released by private agreement under applicable law.

Appears in 1 contract

Samples: Severance Agreement (Carmax Inc)

General Release of Claims. Employee In consideration of the payments to be made to you by the Company as set forth in Section 2 above and the promises contained in this separation agreement, you knowingly and voluntarily releases and of your own free will agree to release and forever discharges discharge the Company Company, its affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Company”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had you have or may have against the Company as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; ● amended (“ERISA”), • The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Xxxxxxxx-Xxxxx Act of 19932002; ● All • The Florida Civil Rights Act, as amended; • The Florida Whistle Blower statute; • Florida Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim; • Florida Wage Discrimination Law; • Florida OSHA; • Florida Wage Payment Laws; • Equal Pay Law for Florida, as amended; Florida AIDS Act; • Florida Discrimination on the Basis of Sickle Cell Trait Law; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; • Any alleged oral or written contract including the 2004 Employment Agreement, the 2003 Employment Agreement, and ● All allegations the Change in Control Agreement between you and the Company made as of December 8, 2004, (except as to the portions of those Agreements which are specifically referred to herein as being intended to survive the termination of your employment or which are exempted from this Release under Section 5 below). • Any claim for costs, fees, and or other expenses including attorneys’ fees, except any fees and costs incurred in these mattersany action regarding the validity of this waiver and release under the Older Worker’s Benefit Protection Act. Notwithstanding anything herein to the contraryYou further affirm that you have been paid and/or have received all leave (paid or unpaid), the sole matters compensation, wages, bonuses, commissions, and/or benefits to which the Agreement you may be entitled and General Release do that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to you, except as provided in this letter. You furthermore affirm that you have no known workplace injuries or occupational diseases and have been provided and/or have not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under been denied any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or leave requested under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; Family and (iv) Employee’s rights as a stockholder of the CompanyMedical Leave Act.

Appears in 1 contract

Samples: Jacuzzi Brands Inc

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive Senior Vice President was entitled immediately prior to __________ __, 20__ with regard to the ExecutiveSenior Vice President’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Severance Agreement (Carmax Inc)

General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges discharges, to the full extent permitted by law, in all countries, including but not limited to the U.S., the People's Republic of China (PRC), The United Kingdom (U.K.), The Netherlands, and The Federal Republic of Germany (FRG), the Company, its parent corporation, affiliates, subsidiaries, divisions, predecessors, successors, and assigns and the current and former employees, officers, directors, and agents thereof (collectively referred to throughout the remainder of this Agreement as the "Company Releasees" and each a "Company Releasee"), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Executive has ever had or may have against the Company Releasees as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; • Executive Order 11246, as amended; • The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, (OSHA) as amended; • The Wall Street Reform Act of 2010 (Xxxx-Xxxxx); • The Family and Medical Leave Act of 1993; ● All • The Xxxxxxxx-Xxxxx Act of 2002; • The National Labor Relations Act (NLRA), as amended; • The Texas Civil Rights Act, as amended and related statutes; • The Texas Minimum Wage Law, as amended; • Equal Pay Law for Texas, as amended; • Florida Civil Rights Act and related statutes; • Indiana Civil Rights Act and related statutes; • Kentucky Civil Rights Act and related statutes; • Michigan Xxxxxxx-Xxxxxx Civil Rights Act and related statutes; • Michigan Sales Representatives Commission Act; • Minnesota Human Rights Act and related statutes; • North Carolina Equal Employment Practices Act and related statutes; • North Carolina Retaliatory Employment Discrimination Act; • Ohio Civil Rights Act and related statutes; • South Carolina Human Affairs Law and related statutes; • Virginia Human Rights Act and related statutes; • Delaware Discrimination in Employment Act and related statutes; • California Fair Employment and Housing Act, Cal. Gov't Code § 12900 et seq. and related statutes; • Constitution of the Commonwealth of Puerto Rico; • Puerto Rico Act No. 80 of May 30, 1976 (termination without just cause) including its recall provisions and related statutes; • Puerto Rico Act No. 100 of June 30, 1959 (discrimination based on age, race, sex, color, religion, marriage, political ideas, military status, sexual orientation, gender identity, social condition or origin, national origin, or for being an actual or perceived victim of domestic violence, sexual battery, or stalking) and related statutes; • West Virginia Human Rights Act – W. Va. Code §5-11-1 et seq. and related statutes; • Pennsylvania Human Relations Act, Pennsylvania Whistleblower Law, and related statutes; • New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Family Leave Act, and related statutes; • Miss. Code Xxx. § 45-9-55 and related statutes; • Georgia Fair Employment Practices Act, Georgia Equal Pay Act, Georgia Prohibition of Age Discrimination in Employment Act, Georgia Equal Employment for Persons with Disabilities Code, and related statutes; • Any other federal, state state, or local civil or human rights lawslaw, whistleblower laws, or including but not limited to any other local, state state, or federal law, regulations and ordinancesregulation, or ordinance in any state in the United States; ● All • Any public policy, contract, tort, or common lawslaw, or a grievance under the applicable collective bargaining agreement; and ● All allegations • Any claim for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (Celanese Corp)

General Release of Claims. Employee knowingly (a). In exchange for and voluntarily releases in consideration of the promises, covenants and forever discharges the Company from any and all claimsagreements set forth herein, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have effective as of the date of his execution of this Separation Agreement, Executive hereby forever releases and discharges each Company Group Entity and their respective past and present officers, directors, agents, employees, shareholders, investors, successors and assigns (collectively, the “Company Group Releasees”), from any and all manner of Claims that Executive has or may have for any period prior to the date of the execution of this Separation Agreement against or in relation to any one or more Company Group Entities (the “CG Released Claims”). Executive acknowledges and General Release, includingagrees that the CG Released Claims include, but are not limited to, any alleged violation ofand all Claims arising out of or related to the following: ● The Age Discrimination in (i) any Claim under any contract or binding arrangement between any one or more Company Group Entities, on the one hand, and Executive on the other hand, including the Employment Act Agreement, (ii) Executive’s employment by or other association with the Company Group Entities, (iii) any Claim related to the Employment Termination and Resignations, (iv) any Claim for additional compensation, unpaid wages, severance pay, bonuses, deferred compensation, stock options, restricted stock, restricted stock units, medical, dental, life or disability insurance coverage, or any other fringe benefit, (v) any Claim of 1967emotional distress, as amended; ● The Older Workers Benefit Protection Act defamation, fraud, misrepresentation, (vi) any Claim of 1990; ● The National Labor Relations Act, as amended; ● discrimination under Title VII of the Civil Rights Act of 1964, as amended; ● The , the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the Older Workers Benefit Protection Act (OWBPA), the Americans With Disabilities Act of 1990, the Family and Medical Leave Act, and all other federal, state and local laws, including but not limited to claims arising, inter alia, under the Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of , the United States CodeOccupational Safety and Health Act (OSHA), as amended; ● The the Employee Retirement Income Security Act of 1974, as amended; ● The Immigration , the Xxxxxxxx-Xxxxx Act, the Xxxx-Xxxxx Xxxx Street Reform and Control Consumer Protection Act, as amended; ● The Americans the Xxxxxxx-Xxxxxx Civil Rights Act, the Michigan Persons with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations (vii) any Claim for costs, fees, and other expenses including attorneys’ fees or costs incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under pursuing any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companylegal claim.

Appears in 1 contract

Samples: Separation Agreement and General Release (Unique Fabricating, Inc.)

General Release of Claims. Employee knowingly In consideration of the Separation Payments and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ feesBenefits described in Paragraph 2, and liabilities of any kind whatsoeverfor other good and valuable consideration, Employee releases the Releasees from all claims that Employee ever had, now has, or hereafter may have, whether known or unknown, against asserted or unasserted, from the Company, that Employee has, has ever had or may have as beginning of Employee's employment with the Company through the date of execution of this Agreement and General Release, including, Agreement. This general release includes but is not limited toto the following: (a) claims arising under the Americans with Disabilities Act; (b) discrimination, interference or retaliation claims arising under the Family Medical Leave Act or any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amendedstate leave law; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● (c) claims arising under Title VII of the Civil Rights Act of 1964, as amended; ● The , the Civil Rights Act of 1866, as amended, the Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended, and the federal Equal Pay Act; ● The (d) claims arising under the Genetic Information and Non-Discrimination Act; (e) claims arising under the Maryland Fair Employment Practices Act and the Maryland Anti-Discrimination Statute; (f) claims arising under any Maryland local City or County discrimination statute; (g) claims of age discrimination under the Age Discrimination in Employment Act ("ADEA"), as amended by the Older Workers Benefit Protection Act, or state anti-discrimination statutes, including the Maryland Fair Employment Practices Act; (h) claims arising under the Employee Retirement Income Security Act of 1974, as amendedAct; ● The Immigration Reform (i) whistleblower claims arising under any state or federal law; (j) claims arising under the United States Constitution and Control the Maryland Constitution; (k) claims arising under the National Labor Relations Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment Uniformed Services Employment and Retraining Notification Reemployment Rights Act, as amended; ● The and the Occupational Safety and Health Act; (l) claims arising under the Worker Adjustment Retraining and Notification Act; (m) claims arising under the Employment Agreement, as amendedthe November 10, 2015 Restricted Stock Unit Award Agreement, and the Company's 2015 Equity Incentive Plan and related Stock Option Agreements; ● The Family and Medical Leave Act of 1993; ● All (n) claims arising under any other federal, state or local civil law or human rights laws, whistleblower lawsordinances, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, common law claim under tort, contract or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy theories now or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may behereafter recognized; and (ivo) Employee’s rights as a stockholder claims for any type of damages cognizable under any of the Companylaws referenced herein, including, but not limited to, any and all claims for compensatory damages, punitive damages, and attorneys' fees and costs. Employee also agrees that this general release should be interpreted as broadly as possible to achieve Employee's intention to waive all of Employee's claims against the Releasees.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Opgen Inc)

General Release of Claims. Employee knowingly In exchange for the payments and voluntarily releases benefits set forth herein and forever discharges other good and valuable consideration, you fully release and discharge the Company Company, Foundation Technology Worldwide LLC, Manta Holdings, L.P., f/k/a TPG VII Manta Holdings, L.P., McAfee, LLC and Intel Corporation, and each of their respective predecessors and successors, and the respective present and former directors, managers, officers, shareholders, employees, investors, agents, parents, benefit plans, equity compensation plans, trustees, subsidiaries, affiliates, assigns of all of the foregoing (collectively, the “Releasees”), from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities claims of any kind whatsoever, whether known or unknown, against which arose on or before the CompanyEffective Date, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, including but not limited toto any claim related to your employment with the Company and termination thereof, any alleged violation of: ● except those claims that the law does not permit you to waive. The claims you hereby waive include, without limitation, all common law contract, tort, or other claims you might have, as well as all claims you might have under the Civil Rights Act of 1964 (including Title VII of that Act), the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, as amended; ● The the Older Workers Benefit Benefits Protection Act of 1990; ● The National Labor Relations Act(OWBPA), as amended; ● Title VII of the Civil Rights Americans with Disabilities Act of 19641990 (ADA), as amended; ● The Civil Rights the Family and Medical Leave Act of 1991; ● Sections 1981 through 1988 of Title 42 of 1993 (FMLA), the United States CodeWorker Adjustment and Retraining Notification Act (WARN), as amended; ● The the Employee Retirement Income Security Act of 19741974 (ERISA), as amended; ● The Immigration Reform and Control the National Labor Relations Act (NLRA), all of their amendments, the Xxxxxxxx-Xxxxx Act, as amended; ● The Americans with Disabilities Act of 1990or under any applicable state or local laws or ordinances or any other legal restrictions on the Company’s rights, as amended; ● The Worker Adjustment and Retraining Notification including the Texas Commission on Human Rights Act, as amended; ● The Occupational Safety the Texas Workforce Commission, and Health Act, as amended; ● The Family any and Medical Leave Act of 1993; ● All all other federal, state or and local civil or human rights laws, whistleblower lawsany claims arising out of or relating to the tax treatment of any of the payments you receive pursuant to Section 1 hereof, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations claims for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contraryand costs, the sole matters to which Equity Agreements, the Agreement Plans, the Letter Agreement, and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits arising under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; agreements between you and (iv) Employee’s rights as a stockholder of the Companyany Releasee.

Appears in 1 contract

Samples: Confidential Separation and General Release Agreement (McAfee Corp.)

General Release of Claims. In exchange for the consideration and promises set forth in this Agreement, Employee knowingly and voluntarily hereby releases and forever discharges the Company and each of its divisions, affiliates, subsidiaries, operating companies, parent companies (including, but not limited to CVS Health Corporation and CVS Caremark), and their respective officers, directors, employees, supervisors, managers, predecessors, successors, assigns, and affiliates (collectively, the “Released Parties”) from any and all claims, rights, causes of action, demandslawsuits, fees costsproceedings, expensescomplaints, including charges, debts, contracts, judgments, damages, claims, and attorneys’ fees, and liabilities of any kind whatsoeverfees against the Released Parties, whether known or unknown, against the Companywhich Employee ever had, that now has or which Employee hasor Employee’s heirs, has ever had executors, administrators, successors or assigns may have as of prior to the date of execution of this Agreement and General Releaseis signed by Employee, including, without limitation, those due to any matter whatsoever relating to Employee’s employment, compensation, benefits, and/or termination of Employee’s employment with CVS or any of the Released Parties (collectively, the “Released Claims”). The Released Claims include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act claim that any of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The the Released Parties violated the National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The the Employee Retirement Income Security Act of 1974Act, as amended; ● The the Immigration Reform and Control Act, as amended; ● The the Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The the Age Discrimination in Employment Act (including, without limitation, the Older Workers’ Benefit Protection Act), the Family and Medical Leave Act, the Occupational Safety and Health Act, as amended; ● The Family and Medical Leave the Consolidated Omnibus Budget Reconciliation Act of 19931985, Executive Order 11246, the federal Workers Adjustment and Retraining Notification Act and/or the Xxxxxxxx-Xxxxx Act of 2002, Public Law 107-204, including whistleblowing claims under 18 U.S.C. §§ 1514A and 1513(e); ● All any claim that any of the Released Parties violated any other federal, state or local civil or human rights lawsstatute, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All any claim of unlawful discrimination of any kind (including, but not limited to the claims asserted in the charge; any public policy, contract, tort, or common lawslaw claim; and ● All allegations any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters). Notwithstanding anything herein to the contraryforegoing, the sole matters to which the Agreement this release does not include any rights that Employee cannot lawfully waive, and General Release do shall not apply arerelease any claims or rights Employee has to: (ia) defense and indemnification from CVS or its insurers for actions taken by Employee in the course and scope of Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ employment with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)CVS; (iib) Employee’s claims, actions, or rights arising under any tax-qualified pension plan or claims for to enforce the terms of this Agreement; (c) accrued vested benefits under any other retirement, employee benefit planbenefit, policy stock, pension or arrangement maintained deferred compensation plan sponsored by the Company or under the Consolidated Omnibus Budget Reconciliation Act CVS; and (d) that cannot be released as a matter of 1985law, as amended; (iii) including Employee’s rights under Article 7 or Article 11 of to COBRA, workers’ compensation, and unemployment insurance (the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of application for which shall not be contested by the Company).

Appears in 1 contract

Samples: Separation Agreement (CVS HEALTH Corp)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in 177505654 v5 equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● - Title VII of the Civil Rights Act of 1964, as amended; - The Civil Rights Act of 1991; - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with Disabilities Act of 1990, as amended; - The Age Discrimination in Employment Act of 1967, as amended; - The Older Workers Benefit Protection Act of 1990; - The Worker Adjustment and Retraining Notification Act, as amended; - The Occupational Safety and Health Act, as amended; - The Family and Medical Leave Act of 1993; ● All - The Massachusetts Wage Act; - Massachusetts anti-discrimination laws, M.G.L Chapter 151B-Any wage payment and collection, equal pay and other similar laws, acts and statutes of the Commonwealth of Massachusetts or the United States; - Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All - Any public policy, contract, tort, or common lawslaw; and ● All allegations or - Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iiiii) Employee’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as Employment Agreement which are intended to survive termination of employment; ; or (iii) any rights of the case may be; and (iv) Employee’s rights Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.)

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General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the Company, that Employee Executive has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All • The Minnesota Civil Rights Act, as amended; • The Minnesota Minimum Wage Law, as amended; • Equal Pay Law for Minnesota, as amended; • Any other foreign, federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state state, federal or federal foreign law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply are: (i) Employee’s Executive's rights of indemnification and directors and officers liability insurance coverage coverage, if any, to which the Executive he was entitled immediately prior to __________ __, 20__ [INSERT TERMINATION DATE] with regard to the Executive’s his service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)Company; (ii) Employee’s Executive's rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedCOBRA; (iii) Employee’s Executive's rights under Article 7 or Article 11 the provisions of the Severance Agreement, as the case may beEmployment Agreement which are intended to survive termination of employment; and or (iv) Employee’s Executive's rights as a stockholder of the Companystockholder.

Appears in 1 contract

Samples: Employment Agreement (Virtual Radiologic CORP)

General Release of Claims. Employee Xxxxx knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Cascade, its parent corporation, affiliates, subsidiaries, divisions, successors, predecessors and assigns, and the current and former employees, attorneys, insurers, partners, owners, officers, directors, shareholders and agents thereof, both individually and in their official capacities, the employee benefit plans for Cascade, and the plan fiduciaries and plan administrators thereof (whether internal or external), (collectively referred to herein as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Xxxxx has ever had or may have against Releasees as of the date of the complete execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”); The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Xxxxxxxx-Xxxxx Act of 2002, as amended; • The Family and Medical Leave Act, as amended, to the extent permitted by law; • The Equal Pay Act, as amended, to the extent permitted by law; • The National Labor Relations Act, as amended; • The Age Discrimination in Employment Act of 19931967, as amended; ● All • The Older Workers Benefit Protection Act, to the extent permitted by law; • The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), as amended, to the extent permitted by law; • The Rehabilitation Act of 1973, as amended; • The Fair Credit Reporting Act, as amended; • The Washington Law Against Discrimination, as amended, RCW 49.60 et seq.; • Any provision of Title 49 of the Revised Code of Washington; • The Washington Minimum Wage Law, as amended, to the extent permitted by law; • Any provision of Title 296 of the Washington Administrative Code; • Any statute, common law, agreement or other federalbasis for alleging failure to pay wages, state or local civil or human rights laws, whistleblower lawsbonuses, or commissions, including any other localbasis for recovering liquidated or double damages, state or federal to the extent permitted by law; • The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; • The Washington Consumer Protection Act, RCW 19.86 et seq.; • Any Collective Bargaining Agreement; • Any statute, common law, regulations and ordinancesagreement or other basis for alleging negligent misrepresentation, intentional misrepresentation or fraud; ● All • Any statute, common law, agreement or other basis for alleging intentional injury, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligent hiring, supervision or retention, or defamation; • Any statute, common law, agreement or other basis for alleging disparate impact on any grounds; • Any statute, common law, agreement or other basis for alleging for discrimination, harassment, failure to accommodate or retaliation; • Any public policy, contract, tort, or common lawslaw, including but not limited to any statute, common law, agreement or other basis for alleging wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; • Any statute, common law, agreement or other basis for alleging breach of any term or condition of an employee handbook or policy manual, including breach of any promise of specific treatment in specific circumstances; • Any statute, common law, agreement or other basis for alleging breach of contract, including but not limited to any employment contract; • Any statute, common law, agreement or other basis for alleging violation of any legal or equitable duty of good faith and ● All allegations fair dealing; • Any other federal, state, local or other civil rights, human rights, pension, employee benefits, labor, employment or other law, rule, regulation, constitution, code, guideline or ordinance; or • Any statute, common law, agreement or other basis for recovering costs, fees, and or other expenses expenses, including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the any matter covered by this Agreement and General Release do Release. Notwithstanding the foregoing, the release set forth in this section shall not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately any vested benefits accrued by Xxxxx prior to __________ __, 20__ with regard to the Executive’s service as an officer and director effective date of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights this Agreement under any tax-qualified pension compensation or benefit plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by Cascade for the Company or under the Consolidated Omnibus Budget Reconciliation Act benefit of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; its employees and (iv) Employee’s rights as a stockholder of the Companysubject to ERISA.

Appears in 1 contract

Samples: Agreement and General Release (Cascade Natural Gas Corp)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees damages, fees, costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Severance Agreement (Carmax Inc)

General Release of Claims. Employee Upon your Termination Date, a final draft of the General Release of Claims will be provided to you. The form of the General Release of Claims is as follows: In consideration of the payments to be made to you by the Company as set forth in the Separation Agreement and the promises contained in the Separation Agreement, you, on your own behalf and on behalf of your descendants, dependents, heirs, executors, administrators, assigns, successors, and attorneys hereby knowingly and voluntarily releases and of your own free will agree to release and forever discharges discharge the Company Company, its affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Company’), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had you have or may have against the Company as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; ● amended (“ERISA `), • The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Salbanes-Oxley Act of 19932002; ● All • The Florida Civil Rights Act, as amended; • The Florida Human Rights Act; • The Florida Whistle Blower statute; • Florida Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim; • Florida Wage Discrimination Law; • Florida Occupational Safety and Health Act; • Florida Clean Indoor Air Act; • Florida Wage Payment Laws; • Equal Pay Law for Florida, as amended; Florida AIDS Act; • Florida Discrimination on the Basis of Sickle Cell Trait Law; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; • Any alleged oral or written contract, including but not limited to the 2005 Employment Agreement and ● All allegations the Change in Control Agreement between you and the Company dated as of August 15, 2005, as amended, the (the “CIC Agreement’), (except as to the portions of the 2005 Employment Agreement and the CIC Agreement which are specifically referred to herein as being intended to survive the termination of your employment or which are exempted from this General Release as described below). • Any claim for costs, fees, and or other expenses including attorneys’ fees, except any fees and costs incurred in these mattersany action regarding the validity of this waiver and release under the Older Worker ‘s Benefit Protection Act. Notwithstanding anything herein to the contraryYou further affirm that you have been paid and/or have received all leave (paid or unpaid), the sole matters compensation, wages, bonuses, commissions, and/or benefits to which the Agreement you may be entitled and General Release do that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to you, except as provided in this letter. You furthermore affirm that you have no known workplace injuries or occupational diseases and have been provided and/or have not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under been denied any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or leave requested under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; Family and (iv) Employee’s rights as a stockholder of the CompanyMedical Leave Act.

Appears in 1 contract

Samples: Jacuzzi Brands Inc

General Release of Claims. Employee knowingly and voluntarily Executive hereby releases and forever discharges CVS Caremark Corporation and each of its divisions, affiliates, subsidiaries and operating companies, and the Company respective officers, directors, employees, agents and affiliates of each of them (collectively, the “Released Parties”) from any and all claims, rights, causes of action, demandslawsuits, fees costsproceedings, expensescomplaints, including attorneys’ feescharges, debts, contracts, judgments, damages, and liabilities of any kind whatsoeverclaims against the Released Parties, whether known or unknown, against the Companywhich Executive ever had, that Employee hasnow has or which Executive or Executive’s heirs, has ever had executors, administrators, successors or assigns may have as of prior to the date this Release is signed by Executive, due to any matter whatsoever relating to Executive’s employment, compensation, benefits, and/or termination of execution Executive’s employment with CVS Caremark and/or any of this Agreement and General Releaseits subsidiaries or predecessors (collectively, includingthe “Released Claims). The Released Claims include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act claim that any of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The the Released Parties violated the National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The the Employee Retirement Income Security Act of 1974Act, as amended; ● The the Immigration Reform and Control Act, as amended; ● The the Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The the Age Discrimination in Employment Act, the Family Medical Leave Act, and/or the Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act any claim that any of 1993; ● All the Released Parties violated any other federal, state or local civil or human rights lawsstatute, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All any claim of unlawful discrimination of any kind; any public policy, contract, tort, or common lawslaw claim; and ● All allegations any claim for costs, fees, and or other expenses including attorneys’ attorney’s fees incurred in these matters. Notwithstanding anything herein to the contraryforegoing, the sole matters to which the Agreement and General Release Released Claims do not apply are: include the release of (i) Employee’s any rights of indemnification and directors and officers liability insurance coverage to which the that Executive was entitled immediately prior to __________ __cannot lawfully waive, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s any claims by Executive that the Company has breached the terms of this Agreement, or (iii) any rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by Executive has to defense and indemnification from the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyits insurers.

Appears in 1 contract

Samples: Separation Agreement and General Release (CVS Caremark Corp)

General Release of Claims. In consideration of the Separation Proceeds set forth in Paragraph 4 above, the Employee knowingly irrevocably and voluntarily unconditionally releases and forever discharges the Company Impac and Impac’s Representatives from any and all all, known or unknown, asserted or unasserted, claims, liabilities, losses, agreements, rights, causes of actionaction and expenses of any nature whatsoever based upon any act, demandsomission or occurrence occurring from the beginning of time up to and including the Effective Date of this Separation Agreement. This general release includes, fees costsbut is not limited to, expensesany claims or rights the Employee may have under any federal, state or local laws or regulations affecting the terms and conditions of Employee’s employment or prohibiting employment discrimination on the basis of any protected characteristic under applicable law(s), including attorneys’ feesbut not limited to race, and liabilities of any kind whatsoevercolor, whether known national origin, religion, sex, age, sexual orientation, ancestry, medical condition, marital status, physical or unknownmental disability, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, other public policy (including, but not limited to, any alleged violation of: ● The Age Discrimination in those covered by the California constitution; the United States Constitution; the California Fair Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations and Housing Act, as amendedCal. Govt. Code Section 12900, et seq.; ● Title VII of the Civil Rights Act of 19641964 (Title VII), as amended, 42 U.S.C. Section 2000e et seq.; ● The the Civil Rights Act of 1991; ● , Sections 1981 through 1988 of Title 42 of the United States Code; the Fair Labor Standards Act, as amended; ● The the National Labor Relations Act, as amended; the Labor-Management Relations Act, as amended; the Worker Adjustment and Retraining Notification Act of 1988, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination of Employment Act, as amended, 29 U.S.C. Section 621 et seq.; the Americans With Disabilities Act of 1990, as amended, 42 U.S.C. Section 12101, et seq.; the Equal Pay Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1001, et seq.; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601, et seq.; ● All other federal, state or local the Fair Credit Reporting Act; the Immigration Reform Control Act; the Occupational Safety and Health Act; the Uniformed Services Employment and Reemployment Rights Act; the Employee Polygraph Protection Act; the employee (whistleblower) civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director provisions of the Company Criminal Fraud and Accountability Act (including, without limitation, under Article 15 of the Severance AgreementSarbanes Oxley Act); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985California Family Rights Act, as amended, Cal. Govt. Code Section 12945.1, et seq.; (iii) and the California Labor Code; and any personal gain with respect to any claim arising under the qui tarn provisions of the False Xxxxxx Xxx, 00 X.X.X. §0000. This also includes, but is not limited to, a release of any and all claims, allegations, demands and/or rights relating to Employee’s rights prior employment with Impac, the ending or termination of that employment, the vesting or non-vesting of stock, and any other agreements and/or covenants between the Parties, including any claim alleging breach, rescission, non-performance or invalidity, any and all claims or torts arising under Article 7 the statutes and common law of California and/or any other state or Article 11 territory of the Severance United States, excepting any action to enforce any provision(s) of this Separation Agreement. This Separation Agreement, upon full execution by the Employee, shall act as an irrevocable bar to any and all actions, lawsuits or proceedings brought by Employee against Impac and/or Impac’s Representatives arising from or in connection with any matter covered by this Separation Agreement. However, if, notwithstanding this Separation Agreement, Employee brings an action against Impac or Impac’s Representatives, based on any matter covered by this Separation Agreement, the case may be; Employee agrees to pay all costs and (iv) Employeeexpenses incurred by Impac or Impac’s rights as a stockholder of the CompanyRepresentatives in defending against such suit, including reasonable attorney fees.

Appears in 1 contract

Samples: Key Executive Employment Agreement (Impac Mortgage Holdings Inc)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, TPR, its parent corporation, affiliates, subsidiaries, divisions, predecessors, successors and assigns and the current and former employees, officers, directors and agents thereof individually and in their corporate capacities, and TPR’s employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, has ever had or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Sxxxxxxx-Xxxxx Act of 19932002; ● All • The New York State Civil Rights Act, as amended; • The New York State Human Rights Law, as amended; • The New York Equal Pay Act, as amended; • The New York State Labor Law, as amended; • The New York State Workers’ Compensation Law’s Retaliation provisions, as amended; • The New York State Disability Benefits law’s Retaliation provisions, as amended; • The New York City Administrative Code and Charter, as amended; • The New York City Human Rights Law, as amended; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters; • California Family Rights Act — Cal. Notwithstanding anything herein Govt. Code § 12945.2 et seq. • California Fair Employment and Housing Act — Cal. Gov’t Code § 12900 et seq. • Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim — Cal. Lab. Code §132a (1) to the contrary, the sole matters to which the Agreement (4) • California Uxxxx Civil Rights Act — Civ. Code § 51 et seq. • California Sexual Orientation Bias Law — Cal. Lab. Code §1101 et seq. • California AIDS Testing and General Release do not apply are: (i) Employee’s rights Confidentiality Law — Cal. Health & Safety Code §199.20 et seq. • California Confidentiality of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985Medical Information — Cal. Civ. Code §56 et seq. • California Smokers’ Rights Law — Cal. Lab. Code §96 • California Parental Leave Law — Cal. Lab. Code §230.7 et seq. • California Apprenticeship Program Bias Law — Cal. Lab. Code §3070 et seq. • California Wage Payment Act, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company• California Equal Pay Law — Cal. Lab. Code §1197.5 et seq.

Appears in 1 contract

Samples: Agreement and General Release (Princeton Review Inc)

General Release of Claims. This Section 5 shall supersede and replace Section 8 of the Retention Agreement. Employee knowingly and voluntarily releases and forever discharges Employer, its parent corporation, affiliates, subsidiaries, divisions, successors and assigns and the Company current and former employees, attorneys, officers, directors and agents thereof (collectively referred to throughout this Agreement as “Employer”), of and from any and all claims, rightsarising from any act, causes of actionomission or event that occurred on or before the Effective Date, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against which the Company, that Employee has, has ever had or may have against Employer as of the date of execution Effective Date of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Family and Medical Leave Act; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993• Any State or Local Civil Rights laws; ● All • Any State or Local wage law; • Any other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinancesstatute, regulation or ordinance of any kind whatsoever; ● All • Any public policy, contract, tort, or common lawslaw claim; and ● All allegations • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters this Release shall not release any rights to indemnification which the Employee has in his Indemnification Agreement and General Release do not apply are: dated June 30, 2008 (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance “Indemnification Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Severance Agreement and General Release (I2 Technologies Inc)

General Release of Claims. Employee hereby knowingly and voluntarily releases and forever discharges the Liberty Mutual and its respective subsidiaries, parent, affiliates and related entities, including but not limited to Safeco Insurance Company and Safeco Corporation (collectively, “Liberty Mutual”) and its or their present and former officers, directors, employees, agents, successors and assigns, of and from any and all claims, rightsknown or unknown that Employee (including Employee’s heirs, causes of actionexecutors, demandsadministrators, fees costs, expenses, including attorneys’ feessuccessors, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, assigns) has ever had or may have as of the date of Employee’s execution of this Agreement and General Release, including, Agreement. This includes but is not limited to a release of (i) any claims arising out of Employees employment with Liberty Mutual or Employee’s separation from that employment; (ii) all claims brought by Employee or on Employee’s behalf in any pending lawsuits; (iii) any rights or claims that Employee may have pursuant to the Severance Guidelines, other than for the CIC Payment described in Section 2 of this Agreement; (iv) any rights or claims that Employee may have pursuant to the Safeco Long Term Incentive Plan, Safeco Leadership Performance Plan, Safeco Performance Incentive Compensation Plan, Safeco Success Sharing Plan, Safeco Sales Incentive Plan, Surety Plan, and/or any other compensation, incentive and/or bonus plans in which Employee may claim to have participated; and (v) any rights or claims that Employee may have pursuant to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended, but only with respect to the Safeco Executive Severance Guidelines, the Liberty Mutual Severance Pay Plan, the Liberty Mutual Short-Term Disability Plan, the Liberty Mutual Long-Term Disability Plan, the Liberty Mutual Executive Long-Term Disability Plan; Safeco Group Short Term Disability Plan; and Safeco Group Long Term Disability Plan; • The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990Occupational Safety and Health Act, as amended; • The Americans With Disabilities Act, as amended; • The Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; • The federal Equal Pay Act, as amended; • The Uniformed Services Employment and Reemployment Rights Act, as amended; • The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety • State or municipal wage and Health hour laws or regulations including, but not limited to, laws or regulations pertaining to wages, hours, overtime compensation, meal and/or rest periods, payroll record-keeping, and employee paystubs; • Any federal, state or municipal “unfair practices” “unlawful practices” or “Private Attorneys General Act, as amended” laws that provide the ability to bring claims for violations of other laws or public policies (e.g. California Business and Professions Code Section 17200 et seq. and California Labor Code Section 2698 et seq.); ● The Family and Medical Leave Act of 1993; ● All • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, ; state or federal law, regulations and ordinancesregulation or ordinance, including without limitation laws authorizing claims based upon race, national origin, gender, age, sexual orientation, pregnancy, color, marital status, religion, creed, veteran status, disability, medical condition, leave of absence requirements, retaliation, or perceived protected class status; ● All • Any company policy, practice or procedure, or any express or implied public policy, contract, tort, or common lawslaw; and ● All allegations • Any claim for penalties; or • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these mattersattorney’s fees. Notwithstanding anything herein to the contraryforegoing or Section 5 below, the sole matters to which the Agreement and General Release do Employee is not apply are: waiving (i) Employee’s rights his right to bring claims that cannot be released as a matter of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)law; (ii) Employeehis rights to receive benefits or payments pursuant to the terms of any Safeco Insurance Company Retirement Plan, Safeco Cash Balance Plan, or Safeco’s rights under any tax-qualified pension plan Deferred Compensation Plan for Executives, or claims for accrued vested benefits under any other employee Liberty Mutual benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreementany claim for workers compensation benefits, as the case may be; and (iv) Employeehis rights under the Liberty Mutual’s certificate of incorporation, By-Laws, insurance policies or other written agreements with respect to indemnification or any similar policy, document or agreement of any affiliate of Liberty Mutual as applicable to him immediately prior to termination; or (v) any claims to enforce rights as a stockholder arising under the ADEA or other civil rights statute after the effective date of the Companythis Agreement.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Liberty Mutual Agency Corp)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20___ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Employment Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Employment Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Employment Agreement (Carmax Inc)

General Release of Claims. Employee knowingly a. Except as otherwise set forth in this Section 6, Xxxxxxxx expressly waives any claims against Starbucks, including its affiliates, subsidiaries, stockholders, directors, officers, managers, representatives, agents, and voluntarily releases employees, past and forever discharges present (the Company “Released Parties”) from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had which existed or may have as of existed at any time up to the date of execution this Agreement, including claims related in any way to her employment with Starbucks or the ending of this Agreement that relationship. This release is comprehensive and General Releaseincludes any and all claims or causes of action arising under common law or under federal, includingstate, or local statute or ordinance related to her employment, including but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Section 1981 of the Civil Rights Act of 1866; the Age Discrimination in Employment Act of 1967, as amended by the Older Worker’s Benefit Protection Act; the Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, Americans With Disabilities Act as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform the Family and Control Medical Leave Act, as amended; ● The Americans with Disabilities Act of 1990the Employee Retirement Income Security Act, as amended; ● The the Health Insurance Portability and Accountability Act; the Genetic Information Nondiscrimination Act; claims for unpaid salary, wages, commissions, bonuses, unused accrued vacation or sick pay or other compensation under any federal, state or local wage and hour laws or wage claim statutes; claims under laws requiring the advance notification of certain work related reductions, including but not limited to the Worker Adjustment and Retraining Notification Act; any personal injury claims, as amendedincluding without limitation, wrongful discharge, defamation, tortious interference with business expectancy or emotional distress; ● The Occupational Safety and Health Act, as amendedor any claims alleging a breach of express or implied employment contract; ● The Family and Medical Leave Act of 1993; ● All or any other federal, state state, or local civil or human rights lawslaw governing employment related claims. Xxxxxxxx does not release any claim which may not, whistleblower laws, or any other local, state or federal by operation of law, regulations be subject to release and ordinances; ● All public policyshe does not waive or release any rights she may have to any claim for indemnity, contract, tort, or common laws; including reasonable fees and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these mattersdefense, of any action brought against her regardless of whether such indemnity is through insurance or Company expense. Notwithstanding anything herein Xxxxxxxx further does not release any claim for payment of final wages through the Separation Date, for payment and services due pursuant to the contrarySections 2 and 3 of this Agreement, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights for payment of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __her annual incentive bonus for fiscal 2021, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under the Starbucks Corporation 401(k) plan or for payments under any other employee benefit existing deferred compensation plan, policy the terms of which plans are in no way amended or arrangement maintained modified by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance this Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Separation Agreement and General Release (Starbucks Corp)

General Release of Claims. (a) Employee knowingly and voluntarily releases and forever discharges Employer, its parent, affiliates, subsidiaries, divisions, predecessor companies, their successors and assigns, their affiliated and predecessor companies and the Company current and former employees, attorneys, shareholders, members, officers, directors and agents thereof and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of Employer (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against which the Company, that Employee has, has ever had or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, includingexamples include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protect Act; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Equal Pay Act of 1963; • The Genetic Information Nondiscrimination Act; • The Family and Medical Leave Act; • Uniformed Services Employment and Reemployment Rights Act • The Consolidated Omnibus Budget Reconciliation Act of 19931985; ● All • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director all of the Company (including, without limitation, under Article 15 of the Severance Agreementabove collectively referred to as “Claims”); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (First Commonwealth Financial Corp /Pa/)

General Release of Claims. Employee Matsuyama knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Cascade, its parent corporation, affiliates, subsidiaries, divisions, successors, predecessors and assigns and the current and former employees, attorneys, insurers, partners, owners, officers, directors, shareholders, agents thereof, the employee benefit plan for Cascade, plan fiduciaries and plan administrators (whether internal or external), (collectively referred to as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Matsuyama has ever had or may have against Releasees as of the date of execution of this Retirement Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Xxxxxxxx-Xxxxx Act of 2002; • The Family and Medical Leave Act, as amended to the extent permitted by law; • The Equal Pay Act, as amended; • Washington Law Against Discrimination, as amended, RCW 49.60 et seq.; Matsuyama’s initials • The National Labor Relations Act; • The Age Discrimination in Employment Act of 19931967, as amended; ● All • The Older Workers Benefit Protection Act; • The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), to the extent permitted by law; • Any provision of Title 49 of the Revised Code of Washington; • The Washington Minimum Wage Law, as amended, to the extent permitted by law; • Any provision of Title 296 of the Washington Administrative Code; • Any claim for failure to pay wages, bonuses, or commissions, including any claim for liquidated or double damages, to the extent permitted by law; • The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; • The Washington Consumer Protection Act, RCW 19.86 et seq.; • Any claim under a Collective Bargaining Agreement; • Any claim for negligent misrepresentation, intentional misrepresentation or fraud; • Any claim for intentional injury, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligent hiring, supervision or retention, or defamation; • Any claim for disparate impact on any basis; • Any claim for discrimination, harassment, failure to accommodate or retaliation; • Any public policy, contract, tort, or common law, including but not limited to claim(s) for wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; • Any claim for breach of any term or condition of an employee handbook or policy manual, including any claim for breach of any promise of specific treatment in specific circumstances; • Any claim for breach of contract, including but not limited to an employment contract; • Any claim for violation of any legal or equitable duty of good faith and fair dealing; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All public policy, contract, tort, or common laws; and ● All allegations • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein the foregoing, the release set forth in this section shall not apply to any vested benefits accrued by Matsuyama prior to the contrary, the sole matters to which the effective date of this Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension compensation or benefit plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by Cascade for the Company or under the Consolidated Omnibus Budget Reconciliation Act benefit of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; its employees and (iv) Employee’s rights as a stockholder of the Companysubject to ERISA.

Appears in 1 contract

Samples: Retirement Agreement and General Release (Cascade Natural Gas Corp)

General Release of Claims. Employee knowingly I hereby voluntarily release Company, and voluntarily releases its subsidiaries, partners, affiliates, owners, agents, officers, directors, employees, successors and forever discharges assigns, and all related persons, individually and in their official capacities (hereinafter collectively referred to as the Company “Released Parties”), of and from any and all claims, rightsknown and unknown, causes relating to my employment or cessation of actionemployment that I, demandsmy heirs, fees costsexecutors, expensesadministrators, including attorneys’ feessuccessors, and liabilities of any kind whatsoeverassigns, whether known or unknown, against the Company, that Employee has, has ever had have or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act any of 1990; ● The (a)The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; Civil Rights Act of 1991; The Employee Retirement Income Security Act of 1974, as amended1974 (“ERISA”); The Immigration Reform and Control Act, as amendedAge Discrimination in Employment Act of 1967; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Fair Credit Reporting Act, as amended; The Fair Labor Standards Act; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All Executive Order 11246; The New York Equal Pay Law; The New York Human Rights Law; The New York Civil Rights Law; The New York State Wage and Hour Laws; The New York Labor Law, The New York Executive Law, The New York Occupational Safety and Health Laws, The New York City Administrative Code, The New York City Human Rights Law, and the New York City Earned Safe and Sick Time Act; including any amendment, consolidation or re-enactment of any of the foregoing, or (b) any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All (c) any public policy, contract, tort, or common lawslaw; and ● All allegations or (d) any claims for vacation, sick or personal leave, pay or payment pursuant to any practice, policy, handbook, or manual of Company; or any allegation for costs, fees, and fees or other expenses including attorneys’ fees and expert’s fees incurred in these matters. Notwithstanding anything herein the foregoing, the release set forth in this Section 4 shall not apply to any vested employee benefits accrued by me prior to the contrary, the sole matters to which the Agreement and General effective date of this Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan compensation or claims for accrued vested benefits under any other employee benefit planplans, policy or arrangement programs and arrangements maintained by Company for the Company or under the Consolidated Omnibus Budget Reconciliation Act benefit of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; its employees and (iv) Employee’s rights as a stockholder of the Companysubject to ERISA.

Appears in 1 contract

Samples: Executive Employment Agreement (XpresSpa Group, Inc.)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company Employer of and from any and all claimsliabilities, rightsdebts, obligations, promises, covenants, agreements, contracts, controversies, suits, actions, causes of action, demandsjudgments, fees costsexecutions, expensesdamages, including attorneys’ fees, and liabilities and/or claims of any kind nature whatsoever, whether known or and unknown, against the Company, that which Employee has, has ever had or may have against Employer as of the date of Employee's execution of this Agreement and General ReleaseAgreement, includingincluding without limitation any claims for alleged violations of, but not limited or any claims relating to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● - The National Labor Relations Act, as amended; - Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● - Sections 1981 through 1988 of Title 42 of the United States Code, as amended; - The Employee Retirement Income Security Act of 1974, as amended; - The Immigration Reform and Control Act, as amended; - The Americans with With Disabilities Act of 1990, as amended; - The Worker Adjustment and Retraining Notification ActAge Discrimination in Employment Act of 1967, as amended; - The Family and Medical Leave Act of 1993, as amended; - The Fair Labor Standards Act of 1938, as amended; - The Occupational Safety and Health Act, as amended; - The Consolidated Omnibus Budget Reconciliation Act, as amended; - The Connecticut Family and Medical Leave Act of 1993Act; ● All - The Connecticut Human Rights and Opportunities laws, as amended; - The Connecticut Fair Employment Practices Act, as amended; - The Connecticut Minimum Wage Law, as amended; - The Equal Pay Law for Connecticut, as amended; - any other federal, state or local civil or human rights laws, whistleblower laws, law or any other localfederal, state or federal local law, regulations and ordinancesregulation or ordinance; ● All - any public policy, contract, tort, or common lawslaw; and ● All allegations for - any right to recover costs, fees, and or other expenses expenses, including attorneys’ fees ' fees, incurred in these matters. As used in this Section 5, the term "Employer" shall be deemed to include Employer and Employer's affiliates, subsidiaries, divisions, successors and assigns, and the current and former officers, directors, employees, shareholders and agents thereof. Notwithstanding anything herein to the contrarycontrary contained herein, nothing in this Agreement shall be deemed to release or affect in any way the sole matters Employee's rights, if any, with respect to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage any options granted to which Employee under the Executive was entitled immediately prior to __________ __Competitive Technologies, 20__ with regard to Inc. Restated Key Employees' Stock Option Plan or the Executive’s service as an officer and director of the Company (includingCompetitive Technologies, without limitationInc. 1997 Employees' Stock Option Plan As Amended January 24, under Article 15 of the Severance Agreement); 2003, (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit planthe Competitive Technologies, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985Inc. 401(k) Plan; or, as amended; (iii) Employee’s 's rights under Article 7 or Article 11 of pursuant to the Severance Agreement, as the case may be; and Indemnification provisions (ivSection 4.01) Employee’s rights as a stockholder of the Company's By-Laws as amended November 23, 1997.

Appears in 1 contract

Samples: Severance Agreement and General Release (Competitive Technologies Inc)

General Release of Claims. Subject to the full satisfaction by the Employer of its obligations under the Employment Agreement, Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; — The Age Discrimination in Employment Act of 1967, as amended; — The Older Workers Benefit Protection Act of 1990; — The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; ● All — Any wage payment and collection, equal pay and other similar laws, acts and statutes of the State of Connecticut; — Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All — Any public policy, contract, tort, or common lawslaw obligation; and ● All allegations for or — Any obligation to pay costs, fees, and or other expenses including attorneys’ fees incurred in these mattersattorney’s fees. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply areaffect: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy policy, payroll practice, or arrangement maintained by the Company Employer or wider COBRA; (ii) Employee’s right to exercise any vested options after employment termination as provided under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedOption Plan; (iii) Employee’s rights as a holder of any units or other form of equity in Colt under Article 7 the Limited Liability Company Agreement or Article 11 of the Severance Agreement, as the case may beapplicable law; and or (iv) Employee’s any rights as a stockholder to defense or indemnification provided for under Paragraph 14 of the CompanyEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Colt Finance Corp.)

General Release of Claims. Employee (A) Executive and the Executive’s heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Employee”) knowingly and voluntarily releases release and forever discharges discharge the Company and its affiliates, subsidiaries, divisions, benefit plans, successors and assigns in such capacity, and the current, future and former employees, officers, directors, trustees and agents thereof (collectively referred to as “Employer”) from any and all actions, causes of action, contributions, indemnities, duties, debts, sums of money, suits, controversies, restitutions, understandings, agreements, promises, claims regarding stock, stock options or other forms of equity compensation, commitments, damages, fees and liabilities, responsibilities and any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, executions and liabilities of any kind whatsoeverwhatsoever kind, whether nature or description, oral or written, known or unknown, matured or unmatured, suspected or unsuspected at the present time, in law or in equity, whether known and unknown, against Employer, which the Company, that Employee has, has ever had or may have as of the date of Executive’s execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act of 1990, as amended; ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The Worker Adjustment and Retraining Notification Act, as amended; ● The Occupational Safety and Health Act, as amended; ● The Family and Medical Leave Act of 1993; ● All Any applicable wage act; ● Any applicable anti-discrimination laws; ● Any wage payment and collection, equal pay and other similar laws, acts and statutes ; ● Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All Any public policy, contract, tort, or common lawslaw; and or All allegations Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s express rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act provisions of 1985, as amendedthe Employment Agreement which are intended to survive termination of employment; (iii) Employee’s rights under Article 7 as a stockholder; or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s any rights of the Executive to indemnification as a stockholder Director or Officer of the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (INX LTD)

General Release of Claims. In consideration of the commitments made in this Agreement, Employee knowingly hereby irrevocably and unconditionally, knowingly, and voluntarily releases releases, acquits, and forever discharges Kimco, its owners, affiliates, subsidiaries, divisions, insurers, reinsurers, attorneys, successors and assigns and the Company current and former employees, officers, directors and agents thereof, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Employer”), from any each and all claimsevery cause of action or claim, rightsliability, causes of actionexpense, demands, fees costs, expensesfee and cost, including attorneys’ feesfees and costs, and liabilities of any kind whatsoeverwhich Employee ever had or now has, whether known or unknown, against the Companyasserted or unasserted, that which Employee has, has ever had or may have against Employer as of the date of execution of this Agreement Agreement, relating to or arising out of Plaintiff’s employment with and General Releaseseparation from the Company, includingor any affiliate thereof, including but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● amended · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Age Discrimination in Employment Act (“ADEA”); · The Family and Medical Leave Act, as amended; · The Worker Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended, or the California Occupational Safety and Health Act, as amended; · The Family California Fair Employment and Medical Leave Housing Act, as amended; · The Xxxxxxxx-Xxxxx Act of 19932002; ● All · Any other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance which may lawfully be released; ● All · Any public policy, contract, tort, or common lawslaw; and ● All allegations or · Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary· Any other federal, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __state or local civil, 20__ with regard to the Executive’s service as an officer and director of the Company (includinghuman rights, without limitationbias, under Article 15 of the Severance Agreement)whistleblower, discrimination, retaliation, compensation, employment, labor or other local, state or federal law, regulation or ordinance; (ii) Employee’s rights under any tax-qualified pension plan · Any benefit, payroll or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained program; · Any public policy, contract, tort, third-party beneficiary, retaliation or common law claim; or · Any claim for costs, fees, or other expenses, including attorneys’ fees. Likewise, Kimco knowingly and voluntarily releases and forever discharges Xx. Xxxxxxxx of and from any and all claims arising from or relating to his employment as of the date of execution of this Agreement. Employee releases any and all claims arising out of or related to any matter, including but not limited to Employee’s employment by or with the Company (hereinafter collectively referred to as "Claim" or under "Claims"), whether known or unknown, which Employee may now have, has ever had, or may in the Consolidated Omnibus Budget Reconciliation Act future have, arising from or in any way connected with any and all matters from the beginning of 1985time to the date of this Agreement. Notwithstanding the foregoing, as amended; the parties agree the scope of this release does not apply to any claims for workers’ compensation benefits (iii) including disability payments), unemployment insurance benefits, or claims for indemnification of Employee’s rights costs or expenses under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the CompanyCalifornia Labor Code Section 2802.

Appears in 1 contract

Samples: Agreement and General Release (Kimco Realty Corp)

General Release of Claims. Employee (a) Executive hereby knowingly and voluntarily releases and forever discharges Employer, its parent, Affiliates, subsidiaries, divisions, predecessor companies, their successors and assigns, their affiliated and predecessor companies and the Company current and former employees, attorneys, shareholders, members, officers, directors and agents thereof and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of any Employer Entity (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against which the Company, that Employee has, Executive has ever had or may have as against any Releasee arising out of or by reason of any cause, matter or thing whatsoever from the beginning of the world to the date of execution of Executive executes this Agreement and General ReleaseAgreement, includingexamples include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Equal Pay Act of 1963; • The Genetic Information Nondiscrimination Act; • The Family and Medical Leave Act of 1993Act; ● All • Uniformed Services Employment and Reemployment Rights Act; • The Pennsylvania Human Relations Act; • COBRA; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director all of the Company (including, without limitation, under Article 15 of the Severance Agreementabove collectively referred to as “Claims”); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (First Commonwealth Financial Corp /Pa/)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges discharges, indemnifies and holds harmless the Company and any present or former parent corporation, affiliates, subsidiaries, divisions, joint ventures, insurers, attorneys, benefit plans, plan administrators, successors and assigns and the current and former employees, officers, directors, representatives and agents thereof, as well as all otherwise affiliated or related entities or persons (collectively referred to throughout this Release as “Employer”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have against Employer as of the date of execution of this Agreement Release. No claim or right of any kind shall survive execution of this Release, which bars, settles and General Releasewaives any and all claims, including, but not limited to, any alleged violation of: ● The Age Discrimination the Offer Letter (as defined in Employment Act of 1967Section 11 below), as amended; ● The Older Workers Benefit Protection Act of 1990; ● The the National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; ● The the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The the Employee Retirement Income Security Act of 1974, as amended; ● The the Immigration Reform and Control Act, as amended; ● The the Americans with Disabilities Act of 1990, as amended; ● The Worker the Age Discrimination in Employment Act of 1967; the Workers Adjustment and Retraining Notification Act, as amended; ● The the Occupational Safety and Health Act, as amended; ● The Family the Fair Credit Reporting Act; the New York State Executive Law (including its Human Rights Law); the New York State Labor Law; the New York wage and Medical Leave Act hour laws; the New York City Administrative Code (including its Human Rights Law); the retaliation provisions of 1993the New York State Worker’s Compensation and Disability Benefits Laws; ● All any other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinancesregulation or ordinance of any kind; ● All any amendments to the foregoing laws; any public policy, contract, tortthird-party beneficiary, tort or common lawslaw claim; and ● All allegations unless otherwise expressly agreed to in this Release, any benefit, payroll or other plan, policy or program or any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these mattersfees. Notwithstanding anything herein in this Release to the contrary, the sole matters to which the Agreement nothing contained in this Release shall be a waiver of any rights (and General Release do not apply are: (i) Employee’s rights released claims shall not be deemed to include any rights) (a) to indemnification that Employee has against the Company by virtue of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s her service as an officer thereof, whether by agreement, common law, statute or pursuant to the Company’s Certificate of Incorporation, as amended to date, and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (iib) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Continuity Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Weight Watchers International Inc

General Release of Claims. Employee knowingly and voluntarily As a material provision of this Final Release, Executive releases and forever discharges discharges, to the Company fullest extent permitted by law, any and all Released Parties (defined below) from any and all claims, rightsdemands, causes of action, demandsliabilities, fees costs, expenses, and damages (including attorneys’ fees, fees and liabilities costs actually incurred) of any kind whatsoever, whether known or known, unknown, against the Companyor suspected, that Employee haswhether contingent, has ever had not contingent, asserted or may have as of not asserted, and whether based in common law, tort, contract, or any federal, state, or local law, statute, regulation, or emergency order or proclamation, arising at any time up to the date Executive signed this Final Release (“Released Claims”). Such Released Claims include, by way of execution example and without limitation, any claims of this Agreement and General Releasebreach of contract, violation of public policy, defamation or other torts, mental distress, lost wages, lost benefits, discrimination, harassment, whistleblower claims, retaliation, or wrongful or constructive discharge, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● the following laws (including amendments): (a) Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● Sections 1981 through 1988 of Title 42 of (b) the United States Code, as amended; ● The Employee Retirement Income Security Act of 1974, as amended; ● The Immigration Reform and Control Act, as amended; ● The Americans with Disabilities Act; (c) the Age Discrimination in Employment Act of 19901967 (“ADEA”), as amended(d) the Older Workers’ Benefit Protection Act (OWBPA); ● The Worker Adjustment (e) the Uniform Services Employment and Retraining Notification ActRe-Employment Rights Act (USERRA); (f) federal, as amendedstate, and local wage and hour laws; ● The Occupational Safety (g) federal, state, and Health Actlocal laws related to discrimination, as amendedharassment, retaliation, reasonable accommodations, or protected leaves of absence or time off; ● The Family and Medical Leave Act of 1993; ● All (h) any other federal, state state, or local civil or human rights lawslaw, whistleblower lawsrule, regulation, or ordinance; (i) any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawslaw; and ● All allegations or (j) any law, regulation, rule, equitable principle, contractual obligation, or common law provision allowing for damages, costs, attorneys’ fees, and or other fees or expenses including attorneys’ fees incurred in these mattersconnection with Executive’s employment with the Company. Notwithstanding anything herein to “Released Parties” and “Released Party” are defined as set forth in in Section 3.2 of the contrary, Separation Agreement. Executive acknowledges that the sole matters to which the Separation Agreement and General this Final Release do not apply are: constitute full and final settlement of any and all Released Claims, and this Final Release releases the Released Parties from any further liability to Executive (ior to anyone else Executive has power to bind in this Final Release) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ in connection with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companysuch claims.

Appears in 1 contract

Samples: Separation Agreement and General Release (Riverview Bancorp Inc)

General Release of Claims. Employee Executive knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Cascade, its parent corporation, affiliates, subsidiaries, divisions, successors, predecessors and assigns and the current and former employees, attorneys, insurers, partners, owners, officers, directors, shareholders, agents thereof, the employee benefit plan for Cascade, plan fiduciaries and plan administrators (whether internal or external), (collectively referred to as “Releasees”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, Executive has ever had or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; • The Xxxxxxxx-Xxxxx Act of 2002; • The Family and Medical Leave Act, as amended to the extent permitted by law; • The Equal Pay Act, as amended; • Washington Law Against Discrimination, as amended, RCW 49.60 et seq.; • The National Labor Relations Act; • The Age Discrimination in Employment Act of 19931967, as amended; ● All • The Older Workers Benefit Protection Act; Executive’s initials • The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), to the extent permitted by law; • Any provision of Title 49 of the Revised Code of Washington; • The Washington Minimum Wage Law, as amended, to the extent permitted by law; • Any provision of Title 296 of the Washington Administrative Code; • Any claim for failure to pay wages, bonuses, or commissions, including any claim for liquidated or double damages, to the extent permitted by law; • The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; • The Washington Consumer Protection Act, RCW 19.86 et seq.; • Any claim under a Collective Bargaining Agreement; • Any claim for negligent misrepresentation, intentional misrepresentation or fraud; • Any claim for intentional injury, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligent hiring, supervision or retention, or defamation; • Any claim for disparate impact on any basis; • Any claim for discrimination, harassment, failure to accommodate or retaliation; • Any public policy, contract, tort, or common law, including but not limited to claim(s) for wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; • Any claim for breach of any term or condition of an employee handbook or policy manual, including any claim for breach of any promise of specific treatment in specific circumstances; • Any claim for breach of contract, including but not limited to an employment contract; • Any claim for violation of any legal or equitable duty of good faith and fair dealing; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All public policyor Notwithstanding the foregoing, contract, tort, or common laws; and ● All allegations for costs, fees, and other expenses including attorneys’ fees incurred the release set forth in these matters. Notwithstanding anything herein this section shall not apply to any vested benefits accrued by Executive prior to the contrary, effective date of this Agreement under any compensation or benefit plan maintained by Cascade for the sole matters benefit of its employees that is subject to which the section 203 of ERISA or to any claims for payments described in Section 2 of this Agreement and General Release do not apply are: (i) Employee’s rights and Section 6.4 of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyemployment agreement with Cascade.

Appears in 1 contract

Samples: Employment Agreement (Cascade Natural Gas Corp)

General Release of Claims. Employee Ball knowingly and voluntarily releases and forever discharges Calgon, its Affiliates (as the Company term is defined in Rule 12b-2 under the Securities Act of 1934, as amended), subsidiaries, divisions, successors and assigns, and the past and present employees, officers, directors and agents thereof (collectively referred to throughout this Second Release as “Releasees”), of and from any and all claims, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action, demandsknown and unknown, fees costswhich Ball, expenseshis heirs, including attorneys’ feesexecutors, administrators, successors, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, assigns (referred to collectively throughout this Agreement as “Ball”) has ever had or may have against Releasees as of the date of execution Ball’s signing of this Agreement and General Second Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act; • The Xxxxxxxx-Xxxxx Act of 2002; • The National Labor Relations Act; • The Family and Retraining Notification Medical Leave Act, as amended; • Pennsylvania Human Relations Act; • Pennsylvania Wage Payment and Collection Law; • Pittsburgh City Code, Chapters 651-659; • The Occupational Safety and Health Act, as amended; The Family and Medical Leave Equal Pay Act of 19931963; ● All • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, tort or common lawslaw; and ● All allegations or • Any claims for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director all of the Company (includingabove collectively referred to as “Claims”). This Second Release is intended to be a general release, without limitationand to cover any period after Ball has executed the Agreement, under Article 15 of the Severance Agreement); (ii) Employee’s rights and excludes only those claims under any tax-qualified pension plan statute or common law that Ball is legally barred from releasing. Ball is advised to seek independent legal counsel if Ball seeks clarification on the scope of this release. This Second Release does not include any claims relating to or arising from Ball’s enforcement of this Second Release or for accrued any benefits vested benefits under any other Calgon-sponsored employee benefit planplan (other than severance benefits), policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyfor any unemployment compensation benefits.

Appears in 1 contract

Samples: Agreement and General Release (Calgon Carbon Corporation)

General Release of Claims. Employee The Releasing Party knowingly and voluntarily releases and forever discharges the Company Business Parties from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the CompanyBusiness Parties, that Employee the Releasing Party has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited towithout limitation, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The • the National Labor Relations Act, as amended; • the Civil Rights Act of 1866, as amended, Title VII of the Civil Rights Act of 1964, as amended; ● The , and the Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The • the Employee Retirement Income Security Act of 1974, as amended; ● The • the Immigration Reform and Control Act, as amended; ● The • the Americans with Disabilities Act of 1990, as amended; ● The • the Age Discrimination in Employment Act of 1967, as amended; • the Older Workers Benefit Protection Act of 1990; • the Worker Adjustment and Retraining Notification Act, as amended; ● The • the Occupational Safety and Health Act, as amended; ● The • the Family and Medical Leave Act of 1993; ● All • the Iowa Civil Rights Act of 1965 (Iowa Code Chapter 216), as amended; • the Iowa Wage Payment Collection Law (Iowa Code Chapter 91A), as amended; • the laws of the State of Iowa concerning wages, employment and discharge or any other law, rule, regulation or ordinance pertaining to employment, terms and conditions of employment, or termination of employment; • any other federal, state or local civil or human rights laws, whistleblower laws, laws or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • any public policy, contract, tort, or common lawslaw; and ● All allegations or • any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein No reference to the contraryaforementioned causes of action or claims is intended to limit the scope of this Agreement and General Release. Notwithstanding the above, the sole matters to which the Agreement and General Release do not apply are: (i) Employeethe Executive’s rights of indemnification and directors and officers liability insurance coverage pursuant to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director Section 11(o) of the Company (including, without limitation, under Article 15 of the Severance Agreement)Employment Agreement or otherwise; (ii) Employeeany rights or claims to contribution the Executive may have in the event of the entry of judgment against him as a result of any act or failure to act for which both he and the Company (or its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent or subsidiary entities, insurers, affiliates or assigns) are jointly responsible; (iii) the Executive’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company Business Parties or under COBRA (including without limitation the Consolidated Omnibus Budget Reconciliation Act of 1985vested RSUs and SARs, as amendeddefined in the Employment Agreement); (iiiiv) Employeethe Executive’s rights under Article 7 or Article 11 the provisions of the Severance Agreement, as Employment Agreement which are intended to survive termination of employment; (v) the case may be; and (iv) EmployeeExecutive’s rights as a stockholder stockholder; or (vi) any claims, causes of action, demands, fees and liabilities arising after the Companyexecution of this Agreement and General Release.

Appears in 1 contract

Samples: Employment Agreement (Renewable Energy Group, Inc.)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, successors and assigns and the current and former benefit plan administrators and trustees, employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as "Releasees"), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, has ever had or may have against Releasees as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; ● o The Civil Rights Act of 1991; o Sections 1981 through 1988 of Title 42 of the United States Code, as amended; o The Employee Retirement Income Security Act of 1974, as amended; o The Immigration Reform and Control Act, as amended; o The Americans with Disabilities Act of 1990, as amended; o The Worker Age Discrimination in Employment Act of 1967, as amended; o The Older Workers Benefit Protection Act, as amended; o The Workers Adjustment and Retraining Notification Act, as amended; o The Occupational Safety and Health Act, as amended; o The Family and Medical Leave Sxxxxxxx-Xxxxx Act of 19932002, to the extent permitted by law; ● All o The New York Human Rights Law, as amended; o The New York City Human Rights Law, as amended; o The New York Labor Law, as amended; o The New York City Charter and Administrative Code, as amended; o The New York Equal Pay Law, as amended; o The New York Whistleblower Law, as amended; o The New York Legal Activities Law, as amended; o The anti-retaliation provisions of the New York Workers' Compensation and Disability Benefits Laws, as amended; o The New York Occupational Safety and Health Laws, as amended; o Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All o Any public policy, contractcontract (oral or written, express or implied), tort, or common lawslaw; and ● All allegations or o Any claim for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein Employer knowingly and voluntarily releases and forever discharges, to the contraryfull extent permitted by Delaware law, Employee, his heirs, successors and assigns of and from any and all claims, known and unknown, asserted and unasserted, Employer has or may have against Employee as of the sole matters to which the date of execution of this Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the CompanyRelease.

Appears in 1 contract

Samples: Agreement and General (Globix Corp)

General Release of Claims. Employee I knowingly and voluntarily releases release and forever discharges discharge the Company Released Parties of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had 1 have or may have against the Released Parties as of the date of execution of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; • The Xxxxx Xxxxxxxxx Fair Pay Act of 2009; • The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act; • The Family and Medical Leave Act of 1993, as amended; • The Workers Adjustment and Retraining Notification Act, . as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Genetic Information Nondiscrimination Act of 19932008; ● All • The Florida Civil Rights Act, as amended; • The Florida Minimum Wage Law, as amended; • Equal Pay Law for Florida, as amended; • State and federal whistleblower laws; • Health Insurance Portability and Accountability Act; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any claim based on my employment or the termination of that employment, whether grounded in public policy, contract, tort, or common lawslaw or otherwise; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys' fees incurred in these matters. Notwithstanding anything herein to the contraryBy entering into this Agreement, the sole matters to which the Agreement and General Release Released Parties do not apply are: admit they have violated any of these laws. Released Parties deny any liability to me whatsoever. I understand that this is a general release and nothing in this Agreement (ia) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)releases any claim that by law cannot be released by private agreement; (iib) Employee’s rights limits my right to any benefit vested under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (ivc) Employee’s rights as a stockholder limits or affects my right to challenge the validity of the Companythis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Chico's Fas, Inc.)

General Release of Claims. Employee Upon your Termination Date, a final draft of the General Release of Claims will be provided to you. The form of the General Release of Claims is as follows: In consideration of the payments to be made to you by the Company as set forth in the Separation Agreement and the promises contained in the Separation Agreement, you knowingly and voluntarily releases and of your own free will agree to release and forever discharges discharge the Company Company, its affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Company”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had you have or may have against the Company as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; ● amended (“ERISA”), • The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Xxxxxxxx-Xxxxx Act of 19932002; ● All • The Florida Civil Rights Act, as amended; • The Florida Whistle Blower statute; • Florida Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim; • Florida Wage Discrimination Law; • Florida OSHA; • Florida Wage Payment Laws; • Equal Pay Law for Florida, as amended; Florida AIDS Act; • Florida Discrimination on the Basis of Sickle Cell Trait Law; • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; • Any alleged oral or written contract including the 2004 Employment Agreement and ● All allegations the Change in Control Agreement between you and the Company made as of December 27, 2004, (except as to the portions of the 2004 Employment Agreement which are specifically referred to herein as being intended to survive the termination of your employment or which are exempted from this General Release as described below). • Any claim for costs, fees, and or other expenses including attorneys’ fees, except any fees and costs incurred in these mattersany action regarding the validity of this waiver and release under the Older Worker’s Benefit Protection Act. Notwithstanding anything herein to the contraryYou further affirm that you have been paid and/or have received all leave (paid or unpaid), the sole matters compensation, wages, bonuses, commissions, and/or benefits to which the Agreement you may be entitled and General Release do that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to you, except as provided in this letter. You furthermore affirm that you have no known workplace injuries or occupational diseases and have been provided and/or have not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under been denied any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or leave requested under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; Family and (iv) Employee’s rights as a stockholder of the CompanyMedical Leave Act.

Appears in 1 contract

Samples: Jacuzzi Brands Inc

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Company from any and all claims, rights, causes of action, demands, fees damages, fees, costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; All other federal, state or local civil or human rights laws, whistleblower laws, or any other local, state or federal law, regulations and ordinances; All public policy, contract, tort, or common laws; and All allegations for costs, fees, and other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights rights, if any, of indemnification and directors and officers liability insurance coverage to which the Executive Associate was entitled immediately prior to __________ __, 20__ with regard to the ExecutiveAssociate’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement)Company; (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 7.3 or Article 11 7.5 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company; (v) Employee’s right to file charges or complaints with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”), although Employee waives the Associate’s right to recover any damages or other relief in any claim or suit brought by or through the Government Agencies on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law, provided, however, this Agreement and General Release does not limit Employee’s right to receive an award for information provided to any Government Agencies; (vi) Employee’s rights to file charges with the Equal Employment Opportunity Commission, or any government agency concerning claims of discrimination, although Employee waives the Associate’s right to recover any damages or other relief in any claim or suit brought by or through the Equal Employment Opportunity Commission or any other federal, state or local agency on behalf of Employee under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act, or any other federal or state discrimination law, except where such waivers are prohibited by law; and (vii) Employee’s rights that cannot be released by private agreement under applicable law.

Appears in 1 contract

Samples: Severance Agreement (Carmax Inc)

General Release of Claims. Employee knowingly Except as to such rights or claims as may be created by this Agreement, Employee, and voluntarily releases anyone and any entity claiming through Employee, including but limited to Employee’s heirs, administrators, successors in interest, assigns and agents, hereby release and forever discharges discharge Company, and all of its past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, and each and all of them, jointly and severally (collectively the Company “Released Parties”), from any and all liabilities, claims, rights, causes of action, demandscharges, fees complaints, obligations, costs, expenseslosses, including damages, injuries, penalties, interest, attorneys’ fees, and liabilities other legal responsibilities, of any kind form whatsoever, whether known or unknown, against the Companyunforeseen, that unanticipated, unsuspected or latent, which Employee has, has ever had at any time owned or may have as of the date of held prior to Employee’s execution of this Agreement and General ReleaseAgreement, including, including but not limited to, any alleged violation and all claims arising out of, connected with, or relating to: ● The Age Discrimination in Employment Act • Employee’s employment and/or the end of 1967, as amendedEmployee’s employment with the Released Parties; ● The Older Workers Benefit Protection Act of 1990• Employee’s employment with the Released Parties; ● The National Labor Relations Act, as amended• Any act or omission by the Released Parties; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • The Age Discrimination in Employment Act of 1967, as amended; • The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Fair Labor Standards Act, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family California Fair Employment and Medical Leave Act of 1993Housing Act, as amended; ● All /s/ JP Employee’s Initials • The California Labor Code, as amended; • California Equal Pay Law, as amended; • IWC Wage Orders, as amended; • Any other federal, state or local civil law, regulation or human rights lawsmunicipal ordinance, whistleblower lawsincluding those regulating compensation and those prohibiting discrimination, harassment, or retaliation of any kind; • Any claim based on violation of public policy, breach of contract, tort, fraud, misrepresentation, defamation, or any other local, state common law claim; or federal law, regulations and ordinances; ● All public policy, contract, tort, or common laws; and ● All allegations • Any claim for costs, fees, and interest, or other expenses expenses, including attorneys’ fees incurred fees. The foregoing general release does not apply to any of Employee’s claims that cannot be released as a matter of law. The Parties agree and acknowledge that the release and waiver set forth above shall not prevent Employee from participating in these mattersor cooperating with any state or federal agency’s investigation or charge of discrimination, including the Equal Employment Opportunity Commission (“EEOC”). Notwithstanding anything herein to the contrary, the sole matters to which The Parties further agree and acknowledge that nothing in the Agreement prevents or prohibits Employee from filing a charge of discrimination with a state or federal agency, including the EEOC. However, Employee understands and General Release do not apply are: (i) agrees that Employee is releasing Company from any and all claims by which Employee is giving up the opportunity to recover any compensation, damages, or any other form of relief in any proceeding brought by Employee or on Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companybehalf.

Appears in 1 contract

Samples: Separation Agreement (Banc of California, Inc.)

General Release of Claims. Employee knowingly As further specific consideration, and voluntarily in recognition that the terms of this Section 3.1 are a material reason for the Company to enter into this Agreement, Executive releases and forever discharges discharges, to the Company fullest extent permitted by law, any and all Released Parties (defined below) from any and all claims, rightsdemands, causes of action, demandsliabilities, fees costs, expenses, and damages (including attorneys’ fees, fees and liabilities costs actually incurred) of any kind whatsoever, whether known or known, unknown, against the Companyor suspected, that Employee haswhether contingent, has ever had not contingent, asserted or may have as of not asserted, and whether based in common law, tort, contract, or any federal, state, or local law, statute, regulation, or emergency order or proclamation, arising at any time up to the date of execution of Executive signed this Agreement (“Released Claims”). Such Released Claims include, by way of example and General Releasewithout limitation, any claims of breach of contract, violation of public policy, defamation or other torts, mental distress, lost wages, lost benefits, discrimination of any sort, harassment, whistleblower claims, retaliation, or wrongful or constructive discharge, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act the following laws (including any and all amendments Separation Agreement and General Release Page 7 of 1990; ● The National Labor Relations Act, as amended; ● 13 Executive’s Initials KC to them): (a) Title VII of the Civil Rights Act of 1964, as amended; ● The Civil Rights Act of 1991; ● (b) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ● The Employee (c) the Executive Retirement Income Security Act of 19741974 (ERISA) (except for claims for any vested benefits which cannot, as amendeda matter of law, be waived); ● The (d) the Immigration Reform and Control Act, as amended; ● The (e) the Americans with Disabilities Act; (f) the Age Discrimination in Employment Act of 1990, 1967 (“ADEA”) as amendedamended and the Older Workers Benefit Protection Act (OWBPA); ● The Worker (g) the Uniform Services Employment and Re-Employment Rights Act (USERRA); (h) the Workers Adjustment and Retraining Notification Act, as amended; ● The Occupational (i) the Fair Credit Reporting Act; (j) the Washington Law Against Discrimination; (k) the Washington Minimum Wage Act; (l) the Washington Equal Pay and Opportunities Act; (m) Washington state laws regarding protected leaves of absence; (n) the retaliation provisions of the Washington Workers’ Compensation Act; (o) the Washington Industrial Safety and Health Act, as amendedAct (WISHA); ● The Family (p) Washington state and Medical Leave Act of 1993local ordinances providing for paid sick leave; ● All (q) any other federal, state state, or local civil or human rights lawslaw, whistleblower lawsrule, regulation, or ordinance; (r) any other local, state or federal law, regulations and ordinances; ● All public policy, contract, tort, or common lawslaw; and ● All allegations or (s) any law, regulation, rule, equitable principle, contractual obligation, or common law provision allowing for damages, costs, attorneys’ fees, and or other fees or expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ connection with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of employment with the Company. Executive acknowledges that this Agreement constitutes a full and final settlement of any and all Released Claims, and this Agreement releases the Released Parties from any further liability to Executive (or to anyone else Executive has power to bind in this Agreement) in connection with any such claims.

Appears in 1 contract

Samples: Separation Agreement and General Release (Riverview Bancorp Inc)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges discharges, to the Company full extent permitted by law, Employer, its parent corporation, affiliates, subsidiaries, divisions, predecessors, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout the remainder of this Agreement as “Employer”), of and from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against the Companyasserted and unasserted, that Employee has, has ever had or may have against Employer as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Sxxxxxxx-Xxxxx Act of 2002; • The Texas Civil Rights Act, as amended; • The Texas Minimum Wage Law, as amended; • Equal Pay Law for Texas, as amended; • The New Jersey Law Against Discrimination • The New Jersey Family and Medical Leave Act of 1993; ● All • The New Jersey Conscientious Employee Protection Act • The New Jersey Wage Payment Law • The New Jersey Wage and Hour Law • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any claim for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Company.

Appears in 1 contract

Samples: Agreement and General Release (Celanese CORP)

General Release of Claims. Subject to the full satisfaction by the Employer of its obligations under the Employment Agreement, Employee knowingly and voluntarily releases and forever discharges the Company Employer from any and all claims, rights, causes of action, demands, fees costs, expenses, including attorneys’ fees, and liabilities of any kind whatsoever, whether known or and unknown, against the CompanyEmployer, that Employee has, has ever had or may have as of the date of execution of this Agreement and General Release, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● · Title VII of the Civil Rights Act of 1964, as amended; · The Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; · The Employee Retirement Income Security Act of 1974, as amended; · The Immigration Reform and Control Act, as amended; · The Americans with Disabilities Act of 1990, as amended; · The Age Discrimination in Employment Act of 1967, as amended; · The Older Workers Benefit Protection Act of 1990; · The Worker Adjustment and Retraining Notification Act, as amended; · The Occupational Safety and Health Act, as amended; · The Family and Medical Leave Act of 1993; ● All · Any wage payment and collection, equal pay and other similar laws, acts and statutes of the State of Connecticut; · Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All · Any public policy, contract, tort, or common lawslaw obligation; and ● All allegations for or · Any obligation to pay costs, fees, and or other expenses including attorneys’ fees incurred in these mattersattorneys fees. Notwithstanding anything herein to the contrary, the sole matters to which the this Agreement and General Release do not apply areaffect: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director of the Company (including, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee benefit plan, policy policy. payroll practice, or arrangement maintained by the Company Employer or under COBRA; (ii) Employee’s right to exercise any vested options after employment termination as provided under the Consolidated Omnibus Budget Reconciliation Act Long Term Incentive Plan of 1985, as amendedColt; (iii) Employee’s rights as a holder of any units or other form of equity in Colt under Article 7 the Limited Liability Company Agreement or Article 11 of the Severance Agreement, as the case may beapplicable law; and or (iv) Employee’s any rights as a stockholder to defense or indemnification provided for under Paragraph 14 of the CompanyEmployment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Colt Finance Corp.)

General Release of Claims. Employee Ball knowingly and voluntarily releases and forever discharges Calgon, its Affiliates (as the Company term is defined in Rule 12b-2 under the Securities Act of 1934, as amended), subsidiaries, divisions, successors and assigns, and the past and present employees, officers, directors and agents thereof (collectively referred to throughout this Agreement as “Releasees”), of and from any and all claims, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action, demandsknown and unknown, fees costswhich Ball, expenseshis heirs, including attorneys’ feesexecutors, administrators, successors, and liabilities of any kind whatsoever, whether known or unknown, against the Company, that Employee has, assigns (referred to collectively throughout this Agreement as “Ball”) has ever had or may have against Releasees as of the date of execution Ball’s signing of this Agreement and General ReleaseAgreement, including, but not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Adjustment Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protection Act; • The Xxxxxxxx-Xxxxx Act of 2002; • The National Labor Relations Act; • The Family and Retraining Notification Medical Leave Act, as amended; • Pennsylvania Human Relations Act; • Pennsylvania Wage Payment and Collection Law; • Pittsburgh City Code, Chapters 651-659; • The Occupational Safety and Health Act, as amended; The Family and Medical Leave Equal Pay Act of 19931963; ● All • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinancesregulation or ordinance; ● All • Any public policy, contract, tort, tort or common lawslaw; and ● All allegations or • Any claims for costs, fees, and or other expenses including attorneys’ fees incurred in these matters. Notwithstanding anything herein to the contrary, the sole matters to which the Agreement and General Release do not apply are: (i) Employee’s rights of indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service as an officer and director all of the Company (includingabove collectively referred to as “Claims”). This release is intended to be a general release, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights and excludes only those claims under any tax-qualified pension plan statute or common law that Ball is legally barred from releasing. Ball is advised to seek independent legal counsel if Ball seeks clarification on the scope of this release. This release does not include any claims relating to or arising from Ball’s enforcement of this Agreement or for accrued any benefits vested benefits under any other Calgon-sponsored employee benefit planplan (other than severance benefits), policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; (iii) Employee’s rights under Article 7 or Article 11 of the Severance Agreement, as the case may be; and (iv) Employee’s rights as a stockholder of the Companyfor any unemployment compensation benefits.

Appears in 1 contract

Samples: Agreement and General Release (Calgon Carbon Corporation)

General Release of Claims. Employee knowingly and voluntarily releases and forever discharges Employer, its parent, affiliates, subsidiaries, divisions, predecessor companies, their successors and assigns, their affiliated and predecessor companies and the Company current and former employees, attorneys, shareholders, members, officers, directors and agents thereof and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of Employer (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action, demands, fees costs, expenses, including attorneys’ fees, known and liabilities of any kind whatsoever, whether known or unknown, against which the Company, that Employee has, has ever had or may have against Releasees as of the date of execution of this Agreement and General ReleaseAgreement, includingexamples include, but are not limited to, any alleged violation of: ● The Age Discrimination in Employment Act of 1967, as amended; ● The Older Workers Benefit Protection Act of 1990; ● The National Labor Relations Act, as amended; ● Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Worker Age Discrimination in Employment Act of 1967, as amended; • The Older Workers Benefit Protect Act; • The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Equal Pay Act of 19931963; ● All • Uniformed Services Employment and Reemployment Rights Act • The Consolidated Omnibus Budget Reconciliation Act of 1985; • The Minnesota Human Rights Act • Any other federal, state or local civil or human rights laws, whistleblower laws, law or any other local, state or federal law, regulations and ordinances; ● All Any public policy, contract, tort, or common lawslaw; and ● All allegations or • Any allegation for costs, fees, and or other expenses including attorneys’ fees incurred in these mattersmatters (all of the above collectively referred to as “Claims”). Notwithstanding anything herein This release is intended to the contrarybe a general release, the sole matters to which the Agreement and General Release do not apply are: excludes from such release only (i) Employee’s rights any pre-existing obligation of Employer and/or Parent to provide indemnification and directors and officers liability insurance coverage to which the Executive was entitled immediately prior to __________ __, 20__ with regard to the Executive’s service Employee as an officer and director of the Company (includingcorporation under Employer’s or Parent’s articles of incorporation or bylaws consistent with applicable law, without limitation, under Article 15 of the Severance Agreement); (ii) Employee’s rights under any tax-qualified pension plan or claims for accrued vested benefits under any other employee pursuant to applicable benefit planand/or welfare plans of Employer and/or Parent, policy or arrangement maintained by the Company or under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; and (iii) those claims under any statute or common law that Employee is legally barred from releasing. Employee is advised to seek independent legal counsel if Employee seeks clarification on the scope of this release. Nothing herein is intended to or shall preclude Employee from filing a charge with any appropriate federal, state, or local government agency and/or cooperating with said agency in its investigation. Employee’s rights under Article 7 , however, explicitly waives any right to file a personal lawsuit or Article 11 of receive monetary damages that the Severance Agreementagency may recover against Releasees, without regard as the case may be; and (iv) Employee’s rights as a stockholder of the Companyto who brought any said complaint or charge.

Appears in 1 contract

Samples: Agreement and General Release (Dicks Sporting Goods Inc)

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