Acceptance and Release. Any and all amounts payable and benefits or additional rights provided pursuant to Sections 4(b), (c), (d), (e) and(f) (collectively, the “Severance Benefits”) shall only be payable or provided if the Executive executes and delivers to the Company an Acceptance Form and Release in the form attached hereto as Exhibit A (the “Release”) discharging all claims of the Executive which may have occurred up to the Executive’s Date of Termination (with such changes therein as may be necessary to make it valid and encompassing under applicable law). The Company shall provide the Executive with a copy of the Release within seven (7) days following the Executive’s Date of Termination and the Executive will be required to provide the Company with an executed copy of the Release that has become effective within sixty (60) days following the Executive’s Date of Termination. The Executive hereby acknowledges that the Executive shall forfeit any right to receive the Severance Benefits in the event that the requirements of this Section 8 are not timely satisfied.
Acceptance and Release. Any and all amounts payable and benefits or additional rights provided pursuant to Sections 4(a)(B) and (C) above shall only be payable if the Executive executes and delivers to the Company an Acceptance Form and Release in the form attached hereto as Exhibit A discharging all claims of the Executive which may have occurred up to the date of termination (with such changes therein as may be necessary to make it valid and encompassing under applicable law) within the appropriate time described in the Acceptance Form and Release presented by the Company to the Executive. Notwithstanding anything herein to the contrary, if the Executive materially breaches any of the provisions of Section 10 of this Agreement, the Company may cease all payments and benefits due to the Executive thereafter under Sections 4(a)(B) and (C) above (other than as required by law).
Acceptance and Release. Any and all amounts payable and benefits or additional rights provided pursuant to Sections 3(a) and 3(c) of this Agreement shall only be payable if the Executive delivers to the Company the attached Acceptance Form and Release (Exhibit A) discharging all claims of the Executive which may have occurred up to the Termination Date (with such changes therein as may be necessary to make it valid and encompassing under applicable law) within twenty-one (21) days of presentation thereof by the Company to the Executive. Notwithstanding anything herein to the contrary, if the Executive materially breaches any of the provisions of Section 6 of this Agreement, the Company may cease all payments and benefits due to the Executive under Sections 3(a) and 3(c) hereof (other than as required by law).
Acceptance and Release. The Administrative Agent, on behalf of itself and the Lenders, hereby accepts the assumption by the Subsidiary Borrower provided for in Section 1 above and hereby releases ADI from liability as principal obligor for the payment of the Subsidiary Borrower Obligations under the Credit Agreement and the other Loan Documents. For the avoidance of doubt, the release of ADI pursuant to this Section 3 shall in no way affect the validity or enforceability of ADI’s Guaranty of the Guaranteed Obligations.
Acceptance and Release. Any and all amounts payable or additional rights provided pursuant to Section 4(b) above shall only be payable if the Executive executes and delivers to the Employer an Acceptance Form and Release in the form attached hereto as Exhibit A discharging all claims of the Executive which may have occurred up to the date of termination (with such changes therein as may be necessary to make it valid and encompassing under applicable law) within the appropriate time described in the Acceptance Form and Release presented by the Employer to the Executive. Notwithstanding anything herein to the contrary, if the Executive materially breaches any of the provisions of Section 9 of this Supplement, the Employer may cease all payments due to the Executive thereafter under Section 4(b) above (other than as required by law).
Acceptance and Release. FH1, for itself and any successors, heirs, or assigns, agrees that it has negotiated this Agreement in good faith and intends to be bound by its terms. FH1, for itself and any successors, heirs, or assigns, forever releases, waives, and discharges the District, and its directors, employees, volunteers, or assigns, from any and all claims related to the conditions and obligations of this Agreement. The aforementioned release shall not restrict any claims arising from the District defaulting under any term of this Agreement.
Acceptance and Release. Indevus or its designees will analyze and conduct quality control testing of each lot of Bulk Drug Product in accordance with the Specifications and such other quality control testing procedures as are summarized on Schedule 5.10. Indevus will send to Xxxxxx a certificate of analysis and a certificate of compliance simultaneously with each shipment of Bulk Drug Product. Xxxxxx shall inspect such shipment and accept or reject Bulk Drug Product based on such documentation and communicate the outcome to Indevus within twelve (12)
Acceptance and Release. Orion shall be responsible for the release and acceptance of all Bulk Drug Product and Insertion Tools supplied hereunder in accordance with the provisions of this Section 9.6.
Acceptance and Release. Once such Customers have been transferred or assigned from Meditec to Distributor, Distributor, with assistance from Meditec, will obtain appropriate acceptance and release documentation from each Transitional Customer following installation, which will list any further commitments that are outstanding.
Acceptance and Release. (a) Xxxxxxxxxxx accepts the TEN THOUSAND AND NO/100 ($10,000.00) DOLLAR payment as full and final payment of all compensation due Xxxxxxxxxxx by ARC, including under the Employment Agreement, and in consideration of same, does hereby release ARC, ARC’s affiliates, successors, assigns, representatives, insurers, shareholders, directors, employees, attorneys, agents, consultants, accountants and all others (collectively, the “ARC Released Parties”) from any claim of whatever nature Xxxxxxxxxxx may have, whether known or unknown, including but not limited to all demands, actions, claims, causes of action, suits, covenants, contracts, controversies, grievances, agreements, obligations, promises, sums of money, accounts, bills, reckonings, damages, liabilities, rights, debts and expenses (including attorneys’ fees) and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever, of every kind and nature, either at law or in equity, whether known or unknown, suspected or unsuspected, or contingent or mature, including, without limitation, any claims arising under any federal, state, local or municipal law, common law or statute, whether arising in contract or in tort, and any claim arising under any other laws or regulations of any nature whatsoever, that Xxxxxxxxxxx ever had, now has or may in the future have, hold or claim to have against any ARC Released Party, upon or by reason of any cause, matter, action, circumstance or thing whatsoever, from the beginning of the world to the date hereof, including under the Employment Agreement or with respect to Xxxxxxxxxxx’x employment with or separation from ARC (collectively, “Claims”) that Xxxxxxxxxxx can or could assert against any ARC Released Party, including but not limited to:
(i) Claims for wrongful discharge, discrimination, harassment, whistle blowing, breach of contract, retaliation, defamation, misrepresentation, negligence, fraud, defamation, libel, slander, battery, negligence, intentional infliction of emotional distress, invasion of privacy or other torts arising under federal, state or local law, whether in law or equity;
(ii) Claims under the United States Constitution, the Civil Rights Act of 1871, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, The Xxxxxxxx-Xxxxx Act of 2002, Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, the Occupational Safety and Health Act, the National Labor Re...
