Common use of Release of All Claims Clause in Contracts

Release of All Claims. (a) As a material inducement to the Bank to enter into this Release, Executive irrevocably and unconditionally agrees to and does hereby release, acquit, and forever discharge the Bank, the Bank’s affiliates and each and all of its or their owners, shareholders, directors, officers, employees, former employees, representatives, attorneys, agents, and all persons acting by, through, under or in concert with any of them (herein jointly and individually called the “Released Parties”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including attorneys fees and legal expenses), of any nature whatsoever, whether known or unknown (hereinafter collectively referred to as “Claim” or “Claims”), which Executive now has or may hereafter have against any Released Party by reason of any matter, act, omission, cause, or event that has occurred up to the present date, including, without limitation, any and all claims related or in any manner incidental to Executive’s employment with the Bank, the cessation of his employment with the Bank, the Employment Agreement, and/or the termination of the Employment Agreement, provided that the foregoing release shall not release any benefits under COBRA for post termination benefits (subject to Executive’s proper election and payment for any such benefit, as applicable) or any payments or benefits expressly payable under this Release.

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) As a material inducement to the Bank to enter into this Releaseacknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, Executive irrevocably and unconditionally agrees to and does receipt of which is hereby releaseacknowledged, acquit, release and forever discharge the BankBank and its employees, the Bank’s affiliates and each and all of its or their owners, shareholdersofficers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, employees, former employees, representatives, attorneysdirectors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all persons acting byof the foregoing, through, under or in concert with any of them (herein jointly and individually called severally (collectively, the “Released "Bank Parties”"), of and from the following (collectively, the "Claims"): any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and expenses (including attorneys fees and legal expenses), liabilities of any nature kind or character whatsoever, whether known or unknown (hereinafter collectively referred to as “Claim” unknown, suspected or “Claims”)unsuspected, which Executive now has in contract or may hereafter have against any Released Party by reason of any matterin tort, act, omission, cause, in law or event that has occurred up to the present datein equity, including, without limitation, fraud, duress, mistake, usury, tortious interference, negligence, and other matters of any kind whatsoever, of Borrowers had, have, may have or may in the future have against any one or more of the Bank Parties arising out of, for or by reason of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement, the Loan Agreement, the December Agreement, any Note, security document, other document, matter or thing relating thereto or to the Loans generally, any other past or present financing or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to be construed as an admission that any Claims exist or as an admission of liability of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged from any and all claims related duties or obligations under or relating in any manner incidental way to Executive’s employment with the BankLoan Agreement, the cessation of his employment with the Bank, the Employment December Agreement, and/or the termination of the Employment Agreement, provided that the foregoing release shall not release any benefits under COBRA for post termination benefits (subject to Executive’s proper election and payment for any such benefit, as applicable) or any payments or benefits expressly payable under this Releaserelated documents.

Release of All Claims. (a) As a material inducement to Release of Company by Employee In consideration of the Bank to enter into this Releasereceipt of the sums and covenants stated herein, Executive irrevocably and unconditionally agrees to and Employee does hereby releasehereby, acquiton behalf of himself, and forever discharge the Bankhis heirs, the Bank’s affiliates and each and all of its or their ownersadministrators, shareholders, directors, officers, employees, former employees, representatives, attorneysexecutors, agents, and all persons acting byassigns, throughforever release, under or in concert with any of them requite, and discharge the Company and its agents, parents, subsidiaries, affiliates, divisions, officers, directors, employees, predecessors, successors, and assigns (herein jointly and individually called the “"Released Parties”"), from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damagesjudgments, actions, causes of action, suitsdamages, rights, demandsexpenses, costs, losses, debtsattorneys' fees, and expenses (including attorneys fees and legal expenses), liabilities of any nature kind whatsoever, whether known or unknown (hereinafter collectively referred to as “Claim” unknown, vested or “Claims”)contingent, in law, equity or otherwise, which Executive Employee has ever had, now has has, or may hereafter have against any said Released Party by reason Parties for or on account of any matter, act, omission, cause, cause or event that thing whatsoever which has occurred up prior to the present date, includingdate of his signing this Agreement. This release of claims includes, without limitationlimitation of the generality of the foregoing, any and all claims which are related or in any manner incidental to Executive’s Employee's employment with the Bank, the cessation of Company and his retirement from his position and his employment with the Bankon December 20, the Employment Agreement2013, and/or the termination of the Employment Agreementand any and all rights which Employee has or may have had under federal, provided that the foregoing release shall not release any benefits under COBRA for post termination benefits (subject to Executive’s proper election state, and payment for any such benefitlocal statutes, regulations or public policies, as applicable) or well as the laws of contract, torts, and all other subjects; provided, however, that nothing herein shall be deemed to affect any payments or benefits expressly payable rights of Employee under this ReleaseAgreement or to any pension, employee welfare benefits, or stock options.

Release of All Claims. (a) As a material inducement In consideration of the benefits to be provided to Employee by the Bank to enter into this ReleaseCompany as set forth in the Separation Agreements, Executive irrevocably Employee, on behalf of himself and unconditionally agrees to his spouse, agents, attorneys, successors, assigns, heirs and does executors, hereby release, acquit, fully and forever discharge the Bankreleases and discharges Proxim Corporation and its current and former officers, the Bank’s affiliates and each and all of its or their ownersdirectors, shareholders, directorspartners, officersmembers, investors, administrators, employees, former employeescontractors, representativesagents, attorneys, agentsinsurers, affiliates, successors, predecessors, subsidiaries, assigns and all persons acting byfiduciaries, throughin their individual and/or representative capacities (collectively, under or in concert with any of them (herein jointly and individually called the “"Released Parties”), ") from any and all charges, complaints, claims, liabilitiessuits, obligationsagreements, promises, agreementsdamages, disputes, controversies, damagescontentions, actionsdifferences, judgments, debts, dues, sums of money, accounts, reckonings, bonds, causes of action, suitsbills, rightscovenants, demandscontracts, costsvariances, lossestrespasses, debtsextents, executions and expenses (including attorneys fees and legal expenses), demands of any nature kind whatsoever, whether known which Employee or unknown (hereinafter collectively referred to as “Claim” or “Claims”)his spouse, which Executive agents, attorneys, successors, assigns, heirs and executors ever had, now has have or may hereafter have against the Released Parties or any Released Party of them, in law, admiralty or equity, for, upon, or by reason of of, any matter, actaction, omission, cause, course or event that has occurred thing whatsoever occurring up to the present datedate this Agreement is signed by Employee, including, without limitation, any and all claims related in connection with or in any manner incidental relationship to Executive’s Employee's employment or other service relationship with the BankCompany or its affiliates, the cessation of his employment with the Bank, the Employment Agreement, and/or the termination of any such employment or service relationship and any applicable employment, compensatory or equity arrangement with the Company or its respective affiliates; provided that such released claims shall not include any claims to enforce Employee's rights under, or with respect to, Section 9(c)(iii) of the Employment Agreement and Section 3(a)(i) of the Change of Control Agreement (such released claims are collectively referred to herein as the "Released Claims"). Employee understands and agrees that the release set forth in this Agreement is a full and complete waiver of all claims, whether known or unknown by him, including, but not limited to, any claims with respect to his entitlement to any salary, wages, accrued vacation or paid time off, commissions, bonuses, severance benefits or other forms of compensation; any claims with respect to his purchase of, or right to purchase, any capital stock of the Company; any claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, emotional distress; any claims under Title VII of the Civil Rights Act of 1964, as amended, the Fair Labor Standards Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the Americans With Disabilities Act, California Labor Code Section 1197.5, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, as amended ("ERISA") as related to severance benefits, any family and medical leave acts; and any claims under any other federal, state, and local laws and regulations relating to employment or employment discrimination. Employee agrees that the benefits provided to him pursuant to the Separation Agreements and this Agreement are in full satisfaction and settlement of any such Released Claims. Employee represents and warrants that he has not filed, and he will not file, any lawsuit or institute any proceeding, charge, complaint or action asserting any such claim before any federal, state, or local administrative agency or court against any Released Party, concerning any event occurring prior to the signing of the Agreement. Nothing in the Agreement, provided that however, shall be construed as prohibiting Employee from filing a charge or complaint with the foregoing release shall not release any benefits under COBRA for post termination benefits Equal Employment Opportunity Commission (subject to Executive’s proper election and payment for any such benefit, as applicable"EEOC") or participating in an investigation or proceeding conducted by the EEOC. Employee also hereby agrees that nothing contained in this Release shall constitute or be treated as an admission of liability or wrongdoing by any payments or benefits expressly payable under this Releaseof the Released Parties.