Mutual Release of All Claims. In consideration of the Additional Benefits, and to the fullest extent allowed by law, Employee, for Employee, Employee’s spouse, heirs, successors and assigns, hereby releases and forever discharges the Company, its owners, parents, successors, subsidiaries, affiliates, directors, officers, employees and all other representatives, and the Company’s benefit plans and fiduciaries (collectively, the “Released Parties”), from any and all charges, claims, suits and expenses (including attorneys’ fees and costs), whether known or unknown, including, but not limited to, claims under the Fair Labor Standards Act and the Wisconsin Wage Payment and Collection Law; federal, state and local fair employment law(s); the Wisconsin Fair Employment Act; Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of the Civil Rights Act of 1866; the Civil Rights Act of 1991; the Equal Pay Act; the Age Discrimination in Employment Act, as amended; the Older Workers Benefit Protection Act of 1990; the Americans with Disabilities Act; state or federal family and/or medical leave acts including, but not limited to, the Family and Medical Leave Act and the Wisconsin Family and Medical Leave Act; the Consolidated Omnibus Budget Reconciliation Act of 1985; the Employee Retirement Income Security Act of 1974, as amended; the Occupational Safety and Health Act; the Fair Credit Reporting Act; the Genetic Information Nondiscrimination Act; the Occupational Safety and Health Act; federal, state, and local whistleblower laws (to the extent permitted by law); any laws that provide for the payment of attorneys’ fees, costs, expenses or punitive, exemplary or statutory damages; the common law of Wisconsin; and any other federal, state or local laws, ordinances, or regulations of any kind, whether statutory or decisional. This release also includes, but is not limited to, a release of any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy, infliction of emotional distress, or invasion of privacy claims. This release also includes a release of any claims arising out of any Company policy, practice, program, contract, or agreement, but does not include a release of any claims for State Unemployment Compensation or Workers Compensation. This release includes any and all matters in connection with or relating in any way to Employee’s employment with the Company and Employee’s resignation from the Company, provided, how...
Mutual Release of All Claims. Executive, for himself and any person or representative claiming through him, releases and forever discharges the Company, its parent company, subsidiaries, and affiliated organizations, successors and assigns and its/their past and Table of Contents present directors, officers, Executives, agents, attorneys, benefit plans and plan administrators, sureties and insurers (collectively “Releasees”) from all claims, liabilities, demands, costs, attorney fees, causes of action and damages, including all consequential and incidental damages, whether known or unknown, arising from the beginning of time to the date of this Agreement, including without limitation those relating directly or indirectly to Executive’s employment with the Company and all claims for personal injury, defamation, breach of contract, wrongful discharge, violation of due process or civil rights and violation of any federal, state or local statute, law or ordinance and the common law, including without limitation violation of the Age Discrimination in Employment Act, and/or any federal, state or local law regarding discrimination. Executive further waives any right to monetary recovery should any administrative or governmental agency or any other person or entity pursue any claims on Executive’s behalf. Notwithstanding this Agreement, Company acknowledges that Executive is not releasing any claims concerning the performance of this Agreement, retirement and pension benefits, if any, which Executive is qualified and vested to receive, and benefits under COBRA if Executive so elects. Company further acknowledges that Executive is not releasing his rights of indemnification, if any, under the Company’s by-laws and/or directors and officers liability insurance under the terms of such by-laws and insurance. It is understood and agreed that except for the exceptions set forth in this Agreement, this is a full and final release in complete settlement of all claims and rights of every nature and kind whatsoever which Executive has or may have against the Company and other Releasees. Except as otherwise provided in this Agreement and for obligations set forth in this Agreement, the Company releases and forever discharges the Executive, his personal representatives, executors, heirs and assigns from and against any and all claims, liabilities, demands, costs, attorney fees, causes of action and damages, including all consequential and incidental damages, whether known or unknown, arising from the begi...
Mutual Release of All Claims a. Company and Employee make this Agreement on behalf of themselves and their respective predecessors, successors, ancestors, descendants, spouse, dependents, executors, heirs, administrators, assigns and anyone else claiming by, through or under each of them.
Mutual Release of All Claims a) In exchange for the full consideration above, each party shall relinquish now and forever all pre-existing contractual claims and respective legal rights involved in the disputes. Consultant shall cause HRE to agree and sign a separate mutual release with RMI, under terms to be negotiated.
Mutual Release of All Claims. Effective as of the Separation Date, the Employee for himself, his heirs, personal representatives and assigns, and any other person or entity that could or might act on behalf of him, including, without limitation, his affiliates and legal counsel (all of whom are collectively referred to as “Employee Releasers”), and the Company, its parents, divisions, subsidiaries, affiliates, and each of their past and present officers, agents, directors, Employees, shareholders, independent contractors, attorneys and insurers (all of whom are collectively referred to as “Company Releasers), hereby fully and forever release and discharge each other of and from any and all actions, causes of action, claims, demands, costs and expenses, including attorneys’ fees, of every kind and nature whatsoever, in law or in equity, whether now known or unknown, that each Releaser, or any person acting under any of them, may now have, or claim at any future time to have, based in whole or in part upon any act, contract, transaction, or omission occurring from the beginning of time through the Separation Date, including but not limited to, any claim in connection with the Employee’s employment relationship with the Company, or the termination thereof, without regard to present actual knowledge of such acts or omissions, including specifically, but not by way of limitation, matters which may arise at common, statutory, state or federal law, including the Fair Labor Standards Act, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Americans with Disabilities Act; EXCEPT for the rights and obligations created by this Agreement AND EXCEPT for any vested rights under any pension, retirement, profit sharing, health and welfare or stock option, or similar plan. Each party hereby warrants that it or he has not assigned or transferred to any person any portion of any claim which is released, waived and discharged above.
Mutual Release of All Claims. Scio, the members of the Xxxxx Group, on behalf of themselves, as well as on behalf of their agents, spouses, children, beneficiaries, predecessors, successors, attorneys, heirs, assigns, and anyone else claiming through or on behalf of them, if any (the “Xxxxx Group Releasing Parties”), and the members of the Save Scio Group, on behalf of themselves, as well as on behalf of their agents, spouses, children, beneficiaries, predecessors, successors, attorneys, heirs, assigns, trusts, and anyone else claiming through or on behalf of them, if any (the “Save Scio Group Releasing Parties”), hereby fully, irrevocably and unconditionally release, acquit, and discharge the Xxxxx Group Releasing Parties and the Save Scio Group Releasing Parties, respectively, and all other Parties from any and all claims, actions, complaints, causes of action, rights, demands, obligations, accounts, defenses, or liabilities of any kind whatsoever, whether in law or in equity, whether contractual, common law, statutory, federal, state, or otherwise, which Scio or any of the Releasing Parties has or could have, whether now or in the future, known or unknown, against the Parties, including those arising out of or related in any way to the allegations, claims, and defenses that have been or could have been asserted in the McPheely or Xxxxxxx Complaints. For the purpose of implementing a full and complete release and discharge, the Parties expressly acknowledge that the releases provided in this Agreement are intended to include in their effect, without limitation, any and all claims, complaints, charges or suits, including those claims, complaints, charges or suits which they do not know or suspect to exist in their favor at the time of execution hereof, which if known or suspected, could materially affect the Parties’ decision to execute this Agreement. The Parties acknowledge that they have been advised by their respective legal counsel with respect to, and are familiar with, the provisions of California Civil Code Section 1542, which provides as follows:
Mutual Release of All Claims. Xxxxxxxxxxx and the Company agree that this Agreement constitutes a full and final settlement of any and all claims they may have against each other, known or unknown, as of the date they execute this Agreement. Concurrently with the execution of this Agreement, the parties shall also execute the Mutual Release attached as Exhibit A in accordance with its terms, and this Agreement shall not take effect until the Mutual Release has taken effect.
Mutual Release of All Claims. In consideration of the promises contained herein, all parties, their heirs, successors, executors, assigns and representatives, releases each other, their past and present employees, officers and agents from any and all claims, demands, actions, and causes of action of any nature whatsoever, which they may have against the other relating to the Employee’s separation of employment with the Board known at this time including, but not limited to, claims of handicap, sex, age, race discrimination, tort claims, contract claims and constitutional claims. It is acknowledged, however, that an action may be maintained in a Michigan court of competent jurisdiction by any party for redress of any breach of this Agreement by any other party.
Mutual Release of All Claims. In consideration for the Settlement Payment in Section 3 hereof and other good and valuable consideration, Plaintiff and her heirs, executors, administrators, successors and assigns do hereby release and forever discharge Defendant, its successors and assigns, and its respective officers, agents, employees, its former officers, agents, employees and their heirs, executors, administrators, successors and assigns, together with any and all persons, firms, corporations, affiliates, and subsidiaries, who are or may be liable for any and all past, present and future civil claims, demands, obligations, actions, causes of action, rights, damages, restitution, attorneys’ fees, interest, costs, loss of services, expenses and compensation of any nature whatsoever, whether based in constitutional law, tort, contract, strict liability, fraud, or any other theory of recovery, and whether for compensatory or punitive damages which Plaintiff, her heirs and assigns, now have or may have in the future as a result of this events underlying this litigation. In consideration for the dismissal of the Litigation and the filing of Joint Stipulation of Voluntary Dismissal with Prejudice, Defendant hereby completely releases and forever discharges Plaintiff, her predecessors and successors in interest from any and all past, present and future civil claims, demands, obligations, actions, causes of action, rights, damages, restitution, attorneys’ fees, interest, costs, loss of services, expenses and compensation of any nature whatsoever, whether based in constitutional law, tort, contract, strict liability, fraud, or any other theory of recovery, and whether for compensatory or punitive damages which Defendant, its successors and assigns, now have or may have in the future as a result of this events underlying this litigation.
Mutual Release of All Claims. In exchange for the consideration set forth herein and subject to the fulfillment of all other obligations set forth in this Agreement, each Party to this Agreement hereby releases the other Parties to this Agreement, along with the other Parties’ respective agents, contractors, representatives, assigns, heirs, executors, administrators, personal representatives, employees, insurers, attorneys, and/or affiliates, and anyone else who might be liable, from any and all claims, actions, and demands whatsoever, that now exist or may hereafter accrue, for all losses, damages, injury, reimbursement, or otherwise that are based on the allegations and/or claims asserted, or that could have been asserted, in the Lawsuit. Notwithstanding the foregoing, this Section and the release herein do not include any claims stemming from or relating to a failure by a Party to comply with the obligations in this Agreement, which may be brought in the event that any Party breaches this Agreement.
