Release and Waiver of All Claims. A. I hereby agree that I fully and forever discharge, waive and release any and all claims and causes of action of any kind that I may have had or now have against Covad Communications Group, Inc., and any of its affiliates, predecessors, successors, parents, subsidiaries or assigns and any of their respective officers, directors, agents, employees, and representatives (collectively, the "COMPANY" or "COVAD") arising out of or relating in any way to (1) my employment with the Company and the termination thereof, including but not limited to claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, infliction of emotional distress, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Labor Code including Section 1197.5 thereof, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), WARN, and any other local, state and federal laws and regulations relating to employment, except any claims I may have for unemployment and workers' compensation insurance.
Release and Waiver of All Claims. You waive any limitation on this release under California Civil Code Section 1542 which provides that a general release does not extend to claims which a person does not know or suspect to exist in his favor at the time of executing the release which, if known, must have materially affected his/her decision to grant the release. In consideration of the benefits provided in this Agreement, you release Symantec, and any and all past, current and future parent, subsidiary, related and affiliated companies, predecessors and successors thereto, as well as their officers, directors, shareholders, agents, employees, affiliates, representatives, attorneys, insurers, successors and assigns, from any and all claims, liability, damages or causes of action whatsoever, whether known or unknown, which exist or may in the future exist arising from or relating to events, acts or omissions on or before the Effective Date of this Agreement, other than those rights which as a matter of law cannot be waived. You understand and acknowledge that this release includes, but is not limited to any claim for reinstatement, re-employment, damages, attorney fees, stock options, bonuses or additional compensation in any form, and any claim, including but not limited to those arising under tort, contract and local, state or federal statute, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Labor Standards Act, the Family Medical Leave Act of 1993, the Uniformed Services Employment and Re-employment Rights Act, the Employee Retirement Income Security Act of 1974, and the civil rights, employment, and labor laws of any state and any regulation under such authorities relating to your employment or association with Symantec or the termination of that relationship. You also acknowledge that you are waiving and releasing any rights you may have under the Age Discrimination in Employment Act (ADEA) and that this waiver and release is knowing and voluntary. You acknowledge that (1) you have been, and hereby are, advised in writing to consult with an attorney prior to executing this Agreement; (2) as consideration for executing this Agreement, you have received additional benefits and compensation of value to which you would other...
Release and Waiver of All Claims. You knowingly and voluntarily release and forever discharge the Company from any and all claims, known and unknown, which you have or may have against the Company at any time prior to the date of the execution of this Agreement, including, but not limited to: • a release of any rights or claims he/she may have under the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability; • the Age Discrimination in Employment Act (“ADEA”), which prohibits age discrimination in employment; • the Older Worker’s Benefit Protection Act; • Title VII of the Civil Rights Act of 1964, as amended, which prohibits retaliation and discrimination in employment based on race, color, national origin, religion or sex; • the Family and Medical Leave Act; • the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended; • the Fair Labor Standards Act (“FLSA”); • the New York Human Rights Law (“NYHRL”); • the New York Executive Law; • the New York Labor Law; • any other federal, state or local law or regulation prohibiting employment discrimination; • claims for wrongful discharge, whether based on claimed violations of statute or based on claims in contract or tort, common law or equity; • claims for failure to pay wages due or other moneys owed (including claims for unpaid vacation pay); • claims of fraud, misrepresentation, defamation, interference with prospective economic advantage; • claims of intentional or negligent infliction of emotional distress; and • claimed violations of any other federal, state, civil or human rights law, or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or public policy, contract, or tort, or common law having any bearing whatsoever on the terms and conditions and/or cessation of employment with the Company, including but not limited to, any allegations for costs, fees or other expenses, including attorneys’ fees, incurred in these matters which you ever had, now have, or may have as of the date you execute this release. With the sole exception of a claim under the Older Workers Benefit Protection Act (“OWBPA”), which is discussed in the next paragraph below, you agree not to initiate any legal action, charge or complaint (“action”) against the Company in any forum whatsoever and to immediately discontinue any such action previously commenced. Further, to the extent any such action has been or is brought, you expressly waive any claim to any form of monet...
Release and Waiver of All Claims against Sector Manager; Indemnification and Hold Harmless.
Release and Waiver of All Claims. (a) Executive agrees that he fully and forever discharges, waives and releases any and all claims and causes of action of any kind, known and unknown, that he has or may have against the Company, including any of its officers, directors, agents, employees, affiliates, representatives, predecessors, successors and assigns, arising out of or relating in any way to his employment, status and responsibility as President and Chief Financial Officer of the Company, and any and all acts or omissions occurring on or before December 11, 1998, including but not limited to claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, infliction of emotional distress, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Labor Code, including Section 1197.5 thereof, age discrimination under the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, as amended, and any other local, state and federal laws and regulations relating to employment.
Release and Waiver of All Claims. Consultant, and for Consultant’s heirs, executors, and assigns, does hereby discharge and release the Company, its predecessors and affiliates, including but not limited to the Company, its present and former principals, owners, shareholders, representatives, associates, servants, employees, attorneys, officers, directors, trustees, successors and assigns, and agents of any of the foregoing, from any and all liability or responsibility for all grievances, disputes, actions, causes of action and claims at law or equity, sounding in contract or tort, whether under any state or federal statutory or common law and whether known or unknown, arising out of or related in any way to Consultant’s employment with and cessation of employment with the Company, including but not limited to claims for wrongful discharge, unlawful discrimination, retaliation, breach of contract (express or implied), intentional or negligent infliction of emotional distress, negligence, defamation, duress, fraud, or misrepresentation, any violation of the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974, the Equal Pay Act of 1963, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the Xxxxxxxx-Xxxxx Act of 2002, the Worker Adjustment Retraining and Notification Act, the National Labor Relations Act, any claim based upon the Company’s 401(k) Plan or deferred compensation plan maintained on behalf of the Company’s employees, the laws of any state, and all claims under related common law, statutes, and executive orders at the federal, state and local levels of government, and any claims to any benefits from employment with the Company, other than those benefits enumerated herein or those benefits to which Consultant is entitled by law. In addition, Consultant represents that no incident has occurred during Consultant’s employment with the Company that could form the basis for any claim by Consultant against the Company for any work-related injury. It is the intention of the parties to make this release as broad and as general as the law permits, thus excluding claims which Consultant cannot waive by law and claims for breach of this Agreement.
Release and Waiver of All Claims. (a) Ms. King, on her own behalf and that of her heirs, representxxxxxx, executors, attorneys, administrators, successors, and assigns, fully releases and discharges the Company, the Bank, their predecessors, successors, subsidiaries, affiliates, and assigns, and its and their directors, officers, employees and agents, whether in their individual or official capacities, and the current and former trustees or administrators of any retirement or other benefit plan applicable to the employees or former employees of the Company, in their official and individual capacities, from any and all liability, claims and demands, including, but not limited to, claims, demands or actions arising under the Company's and the Bank's policies and procedures, whether formal or informal; the United States or State of Indiana Constitutions; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Indiana Civil Rights Act; the Employee Retirement Income Security Act of 1974, as amended; the Age Discrimination in Employment Act, as amended; the Americans With Disabilities Act, as amended; Executive Order 11246; and any other federal, state or local statute, ordinance or regulation with respect to employment, and in addition thereto, from any other claims, demands or actions with respect to Ms. King's employment with the Company or the Bank or other xxxxxxxxxxn with the Company or the Bank, including, but not limited to, Ms. King's termination from employment with the Company and xxx Xxxx, the Employment Agreement, any right of payment for disability or any other statutory or contractual right of payment or any claim for relief on the basis of any alleged tort or breach of contract under the common law of the State of Indiana or any other state including, but not limited to, defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel and negligence. This release shall not apply to any claim based on any act that occurs after the Effective Date or to bar any claim for enforcement of the rights under this Agreement.
Release and Waiver of All Claims. 1. Genesys agrees that it forever discharges, waives and releases any and all claims and causes of action of any kind, known and unknown, that it has or may have against Executive arising out of or relating in any way to Executive's employment status and responsibility as President and Chief Executive Officer of Genesys and any and all acts or omissions occurring on or before July 24, 1998.
Release and Waiver of All Claims a. As used in this Agreement, the term "claims" will include all known and/or unknown claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys' fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise.
Release and Waiver of All Claims. In consideration of the benefits provided in this Agreement, you release Symantec, and any and all past, current and future parent, subsidiary, related and affiliated companies, predecessors and successors thereto, as well as their current or former officers, directors, shareholders, agents, employees, affiliates, representatives, attorneys, insurers, benefit plans, successors and assigns [“Released Parties], from any and all claims, liability, damages or causes of action whatsoever, whether known or unknown, which exist or may in the future exist arising from or relating to events, acts or omissions on or before the Effective Date of this Agreement, other than those rights which as a matter of law cannot be waived. You understand and acknowledge that this release includes, but is not limited to any claim in for reinstatement, re-employment, damages and attorney fees. This release covers any claim against the Released Parties, including but not limited to those arising under tort, contract and local, state or federal statute, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Vietnam Era Veterans Readjustment Assistance Act, , the Family Medical Leave Act of 1993, the Uniformed Services Employment and Re-employment Rights Act, the Employee Retirement Income Security Act of 1974, and the civil rights, employment, and labor laws of any state and any regulation under such authorities relating to your employment or association with Symantec or the termination of that relationship. You understand that notwithstanding any provisions in this Paragraph, nothing in this Agreement and Release is intended to constitute an unlawful release or waiver of any of your rights under any laws and/or to prevent, impede, or interfere with your ability and/or right to: (a) provide truthful testimony if under subpoena to do so, (b) file a claim with any state or federal agency or to participate or cooperate in such a matter, (except that you acknowledge that you cannot recover any monetary benefits in connection with any such claim), (c) to challenge the validity of this release and/or (d) from bringing any rights or claims under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.) that may arise after the date this letter agreement is signed. The onl...
