Release of Claims and Covenant Not to Sue. (a) In exchange for the Company providing you with the payment and other benefits described in this Agreement, you, on your own behalf and on behalf of your spouse, civil union or domestic partner, dependents, heirs, executors, personal representatives, administrators, agents and assigns (the “Releasors”), unconditionally and forever waive, release, give up and discharge all waivable claims, real or perceived, whether accrued or unaccrued, liquidated or contingent, and now known or unknown, whether asserted or unasserted against the Company, its parent, affiliated and related companies (including but not limited to Optinose, Inc.), all of its and their employee benefit plans and trustees, fiduciaries, administrators, sponsors and parties-in-interest of those plans, all of its and their past and present employees, managers, directors, officers, administrators, shareholders, members, investors, agents, attorneys, insurers, re-insurers and contractors acting in any capacity whatsoever (whether individually or in an official capacity on behalf of the Company), and all of its and their respective predecessors, heirs, personal representatives, successors and assigns (collectively, the “Released Parties” as used throughout this Agreement), based on, related to, or arising from any event that has occurred before the date you sign this Agreement and based upon, related to or arising out of or in any way concerning your employment with the Company, the terms, conditions or privileges of your employment with the Company, your separation from employment with the Company, and any and all violations and/or alleged violations of federal, state or local human rights laws, fair employment practices and/or other laws by any of the Released Parties for any reason and under any legal theory including, but not limited to, those arising or which may be arising under, as applicable, Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefit Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Worker Adjustment and Retraining Notification Act (“WARN”), the Family and Medical Leave Act (“FMLA”), the Coronavirus Aid, Relief and Economic Security Act (“CARES”), the Families First Coronavirus Relief Act (“FFCRA”), the American Rescue Plan Act, the Fair Labor Standards Act (“FLSA”), the Equal Pay Act of 1963 (“EPA”), the Xxxxx X...
Release of Claims and Covenant Not to Sue. Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Company, any of its direct or indirect subsidiaries or affiliates, and any of its or their current and former officers, directors, equityholders, managers, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “Releasees”) related to Executive’s employment with the Company or its subsidiaries or termination therefrom. Executive, on Executive’s own behalf and on behalf of any of Executive’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Releasees from, and agrees not to sue concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Executive signs this Agreement relating to Executive’s employment with the Company or its subsidiaries or termination therefrom, including, without limitation:
Release of Claims and Covenant Not to Sue. (a) As of the Effective Date, Releasing Parties shall be deemed to have fully, finally and forever released and discharged the Released Parties from the Released Claims.
Release of Claims and Covenant Not to Sue. Employee agrees that, other than with respect to the Retained Claims, the foregoing consideration represents settlement in full of all outstanding obligations owed to Employee by the Company, any of its direct or indirect subsidiaries or affiliates, and any of its or their current and former officers, directors, equityholders, managers, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “Releasees”) related to Employee’s employment with the Company or its subsidiaries or termination therefrom. Employee, on Employee’s own behalf and on behalf of any of Employee’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, and assigns, other than with respect to the Retained Claims, hereby and forever releases the Releasees from, and agrees not to sue concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Employee may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Employee signs this Agreement relating to Employee’s employment with the Company or its subsidiaries or termination therefrom, including, without limitation:
Release of Claims and Covenant Not to Sue. (a) As of the date that both the Effective Date and the payment of the Consideration have occurred pursuant to Section III(a), Releasing Parties shall be deemed to have fully, finally and forever released and discharged the Released Parties from the Released Claims.
Release of Claims and Covenant Not to Sue. Upon execution of this Agreement and in consideration for the mutual promises and covenants, consideration and conditions set forth herein, Fort Bend County unconditionally RELEASES, ACQUITS, AND FOREVER DISCHARGES Enterprise from the Claims, and Fort Bend County covenants not to sue Enterprise in connection with the Claims or seek collection on the Claims in any way.
Release of Claims and Covenant Not to Sue paragraphs of this Agreement. Enterprise represents and warrants that they are the full and sole owner of the claims, demands, actions, or causes of action referred to in this Agreement at the time of the execution of this Agreement and that it has not assigned, transferred or purported to assign or transfer any of the claims, actions or liabilities released hereinabove in the Release of Claims and Covenant Not to Sue paragraphs of this Agreement.
Release of Claims and Covenant Not to Sue. A By operation of the entry of the Final Order, and except as to such rights or claims as may be created by this Agreement, each individual Class Member who does not timely opt-out pursuant to this Agreement, each individual Authorized Claimant, and the Named Plaintiff, on behalf of themselves, their heirs, executors, administrators, successors, assigns, estates, representatives, subsidiaries, affiliates, and agents forever and fully releases and discharges Released Entities from all Released Class Claims.
Release of Claims and Covenant Not to Sue. In consideration of the payments and other benefits described above, the Employee voluntarily and knowingly releases and forever discharges the Company and its parents, partners, subsidiaries and affiliates and its and their predecessors, successors and assigns and its and their directors, officers, employees, partners, insurers, trustees, agents, representatives, lawyers, and all persons acting by, through, under or in concert with them, or any of them (collectively referred to as the “Company and Affiliates”) of and from any and all manner of actions, causes of action, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, attorneys’ fees or expenses, of any nature whatsoever, in law or in equity, fixed or contingent, which the Employee ever had, now has, or may have, or which the heirs, executors or administrators of the Employee hereafter may have, known or unknown, based upon any fact, circumstance, or event occurring or existing at or prior to the Employee’s execution of this Agreement. This Release specifically includes, but is not limited to, any claims or actions arising out of or relating to the Employee’s employment with the Company and/or separation of employment, any alleged breach of any express or implied contract of employment, any alleged torts or other alleged legal restrictions on Company’s right to terminate the employment of the Employee, and any alleged violation of any federal, state or local statute or ordinance, including but not limited to, any claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e, et seq.; 42 U.S.C. § 1981 (“Section 1981”); the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefits Protection Act (“ADEA OWBPA”), 29 U.S.C. § 621 et seq; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §1001 et seq.; the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §2601 et seq.; the Pennsylvania Human Relations Act (“PHRA”), 43 P.S. §951 et seq. (in each case, as amended); and any and all other federal, state or local laws or regulations prohibiting discrimination in the workplace or which otherwise regulate employment terms and conditions. The Employee also releases the Company and Affiliates from any claim for unfair treatment, violation of public policy, breach of express or implied contract, wrongful discharge, intentional...
Release of Claims and Covenant Not to Sue. This Release of Claims is entered into by you, Xxxxxxx X. XxXxxxxxx, on behalf of yourself, your heirs, executors, administrators, successors, assigns and anyone else who may sue on your behalf (collectively, “you”) and ServiceMaster Global Holdings, Inc., on behalf of itself, past and present subsidiaries, parent companies, affiliated entities, predecessors, successors, assigns, and their respective past and present officers, directors, employees, insurers and agents (collectively, “Company” or “ServiceMaster”).
