Release by Xxxxxxx. Except as to the representations, warranties and obligations set forth in and arising from this Agreement, and as otherwise provided herein, upon receipt of the Initial Payment defined in Paragraph 4 below, Xxxxxxx, on behalf of himself and his affiliates, including without limitation M.N. Xxxxxxx, Inc., hereby fully and forever releases, discharges and covenants not to xxx CSI, or its predecessors, successors, licensees, transferees, legal representatives, trustees, beneficiaries, assigns, shareholders, directors, officers, partners, members, managers, employees, servants, subsidiaries, divisions, administrators, affiliates, alter egos and parent corporations, if any, with respect to any and all, known or unknown, anticipated or unanticipated, suspected or unsuspected, fixed, conditional or contingent actions or causes of action, at law or in equity, suits, claims, debts, demands, contracts, covenants, liens, liabilities, losses, costs, expenses (including, without limitation, attorneys’ fees) or damages of every kind, nature and description (collectively referred to as “Claims”), arising out of or relating to the Purchase Documents, the Los Angeles County Action, the Orange County NCA Action, the Pending Arbitration Proceeding, the Orange County Arbitration Action, any and all allegations made in any of such proceedings, or the subject matter of those proceedings, including but not limited to any and all Claims that were alleged or could have been alleged in such proceedings by way of complaint, cross-complaint, affirmative defense or otherwise, any claims of wrongdoing by CSI, its employees or any claimed failure of the released parties to pay sums to Xxxxxxx for any reason, or with respect to any other matter whatsoever.
Release by Xxxxxxx. In consideration of the compensation, benefits and agreements provided for pursuant to this Agreement and the Employment Agreement, the sufficiency of which is hereby acknowledged, XXXXXXX, for himself and for any person who may claim by or through him, releases and forever discharges MEDQUIST, and its past, present and future parents, subsidiaries, divisions, affiliates, related companies, predecessors, successors, officers, directors, attorneys, agents, and employees (the “Releasees”), from any and all claims or causes of action that XXXXXXX had, has or may have, relating to XXXXXXX’X employment with and/or separation from MEDQUIST, up until the date of this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, as amended, the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act, the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), the Americans with Disabilities Act, the Employee Retirement Income Security Act (“ERISA); claims under any other federal, state or local statute, regulation or ordinance; claims for discrimination or harassment of any kind, breach of contract or public policy, wrongful or retaliatory discharge, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any compensation or benefits provided for pursuant to any such agreement; and any and all other claims to any form of legal or equitable relief or damages; any other claims for compensation or benefits; or any claims for attorneys’ fees or costs.
Release by Xxxxxxx. In the event of a termination of employment by Xxxxxxx that results in the payment of Severance Compensation to him pursuant to the terms of this Agreement, in consideration for such Severance Compensation and as a condition precedent to the payment thereof, Xxxxxxx hereby agrees to execute a full and complete release to the Company releasing any and all claims that he may have against the Company including any claims relating to his termination of employment.
Release by Xxxxxxx. Except as expressly provided herein, Xxxxxxx, individually, and on behalf of his heirs, legal representatives and assigns, does hereby release Xxxxxxx, individually, and his respective heirs, legal representatives and assigns, of and from all claims, demands, obligations, liabilities, damages, costs, fees, expenses, actions, causes of action, suits of law or equity of whatever kind or nature, known or unknown, suspected to exist, anticipated or not anticipated, which have arisen, are now arising, or hereafter may arise out of or in connection with Xxxxxxx'x employment by, and any right to acquire shares in, the Company.
Release by Xxxxxxx. 9.1 Each of the Sellers confirms that he has no claim (whether in respect of any breach of contract, compensation for loss of office or monies due to him or on any account whatsoever) outstanding against the Company or any Subsidiary or against any of the shareholders, directors, officers, employees or professional advisers of the Company or any Subsidiary as at the Completion Date and that no agreement or arrangement (including any contract of employment) is outstanding under which the Company or any Subsidiary or any of such persons has or could have any obligation of any kind to him.
Release by Xxxxxxx. In exchange for this agreement, Xxxxxxx and his agents, successors and assigns, hereby irrevocably and unconditionally release and forever discharge CirTran, its successors, assigns, officers, directors, owners, employees, insurers, agents, representatives, and attorneys, and all persons acting by, through, under or in concert with them, or any of them, including Xxxxx Xxxxxxxx, from any and all actions, causes of action, suits, claims, rights, damages, losses, costs and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent which he now has, owns or holds, or claims to have, own or hold, or at any time heretofore had, owned or held, or claimed to have, own or hold, or may hereafter have, own or hold, or claim to have, own or hold, arising out of conduct or matters occurring prior to the date of this agreement. It is the intention of the parties that CirTran shall have no further obligation to Xxxxxxx. CirTran is free to engage in financing arrangements of its choosing with any party of its choosing without incurring any obligation to pay a fee to Xxxxxxx or give him some other consideration. Xxxxxxx hereby acknowledges that all obligations owed by CirTran pursuant to any contract he has or may have had with CirTran, including but not limited to the Financial Consulting Agreement dated September 20, 2001, and the Letter of Agreement dated October 2, 2002, are by this agreement irrevocably and unconditionally discharged and satisfied in full.
Release by Xxxxxxx. Except as expressly provided herein and as to the obligations to be performed by Xxxxxxx under the Termination Agreement and as to any alleged kickback to Xxxxxxx relating to the Inholtra brand of product, Xxxxxxx, individually and on behalf of his respective heirs, legal representatives, and assigns, does hereby release and forever discharge Xxxxxxx, individually, and his respective heirs, legal representatives and assigns, of and from all claims, demands, obligations, liabilities, damages, costs, fees, expenses, actions, causes of action, suits at law or equity of whatever kind or nature, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, which have arisen, are now arising, or hereafter may arise out of or in connection with Xxxxxxx'x employment by the Company.
Release by Xxxxxxx. Kamsler, on his own behalf and on behalf of his descendants, dependents, heirs, executors, administrators, assigns and successors, and each of them, hereby covenants not to xxx and fully releases and discharges the Company and each of its and their subsidiaries, parent, or affiliated partnerships and corporations, past and present, as well as each of its and their directors, officers, trustees, shareholders, members, partners, representatives, attorneys, assignees, successors, agents and employees, past and present, and each of them (individually and collectively, “Company Releasees”), from and with respect to any and all claims, wages, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected (collectively, “Claims”), arising out of or in any way connected with any acts or omissions committed or omitted by Company Releasees prior to the date of this Agreement, including but not limited to Kamsler’s employment and termination of employment with the Company or any other relationship with, interest in or termination of relationship with any Company Releasees, including without limiting the generality of the foregoing, any claim for wages, vesting, overtime, salary, severance pay, director compensation, commissions, bonus or similar benefit, car allowance, sick leave, pension, retirement, vacation pay, paid time off, life insurance, health or medical insurance, including coverage under the Company’s Executive Health Plan, or any other fringe benefit, or disability, or any Claim pursuant to any federal, state or local law, statute or cause of action including, but not limited to: the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the California Fair Employment and Housing Act, as amended; the California Family Rights Act; the California Labor Code; the Xxxxxxxx-Xxxxx Act; tort law; contract law; wrongful discharge; discrimination; retaliation; harassment; fraud; defamation; emotional distress; breach of the implied covenant of good faith and fair dealing; or breach of the Executive Officer’s Change of Control Severance and Benefit Plan. Notwithstanding any provision of this Section 7, Xxxxxxx shall not hereby release any claim with respect to (i) Kamsler’s continuing rights created by or arising out of this Agreement, the Indemnity Agreement, the RSU Agreements, the Proprietary Rights Agr...
Release by Xxxxxxx. Except for obligations created by this Agreement and the New Options, Xxxxxxx releases and discharges and agrees to hold harmless Commonwealth and its officers, directors, employees, agents, servants, consultants, advisors, attorneys, heirs, executors, representatives, administrators, affiliates, predecessors, successors and assigns (collectively, the "Commonwealth Affiliates"), from any and all Claims which Xxxxxxx may now have or hereafter have or claim to have against Commonwealth or any of the Commonwealth Affiliates based on the Promised Options.
Release by Xxxxxxx. On or within 21 days after the Separation Date, Xxxxxxx shall execute a Release in the form attached to this Agreement as Exhibit A (the “Xxxxxxx Release”). This Agreement will not be interpreted or construed to limit the Xxxxxxx Release in any manner.
