ADDITIONAL RELEASE OF CLAIMS. This Additional Release of Claims (this “Additional Release”) is made by Xxxxxx X. Xxxx, M.D. (“Executive”) as of the date set forth opposite his signature below. Capitalized terms used but not defined herein have the meanings set forth in the Retirement Agreement to which this Additional Release is attached as Attachment A.
ADDITIONAL RELEASE OF CLAIMS. This Additional Release of Claims (this “Additional Release”) is made as of the date set forth opposite Xxxxx Xxxxxx’x (“Xx. Xxxxxx”) signature below, by Xxxxx Xxxxxx. Capitalized terms used but not defined herein have the meanings set forth in the Transition, Separation and Release of Claims Agreement (the “Separation Agreement”) to which this Additional Release is attached as Attachment B.
ADDITIONAL RELEASE OF CLAIMS. In addition to the General Release contained in Section 9, the Executive (or, in the event of her death or her incapacity due to Disability, her surviving spouse, her conservator or guardian, or her estate, as the case may be) agrees to execute and deliver to the Company an additional release of Claims in favor of the Company (“Additional Release”) on February 5, 2008 as a condition to receipt of the payments and benefits described in Section 5 or 7(a), as the case may be. The form of the Additional Release is attached hereto as Exhibit A.
ADDITIONAL RELEASE OF CLAIMS. Without limiting the generality of the foregoing, this Agreement is intended and will release the Releasees from any and all claims, whether known or unknown, which Releasors ever had or now have against the Releasees including, but not limited to, (i) any claim of discrimination or retaliation under the Age Discrimination in Employment Act (“ADEA”) 29 U.S.C. Section 621 et seq., Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Employee Xx. Xxxx X. Sevin March 7, 2005 Retirement Income Security Act of 1974, as amended (“ERISA”) or the Family and Medical Leave Act; (ii) any claim under the New York State Human Rights Law and the New York City Administrative Code; (iii) any other claim (whether based on federal, state or local law or ordinance statutory or decisional) relating to or arising out of your employment and service as a director to the Company, the terms and conditions of such employment and service, the termination of such employment and service and/or any of the events relating directly or indirectly to or surrounding the termination of such employment and service, and/or any of the events relating directly or indirectly to or surrounding the termination of such employment and service, including, but not limited to, breach of contract (express or implied), tort, wrongful discharge, detrimental reliance, defamation, emotional distress or compensatory or punitive damages; and (iv) any claim for attorney’s fees, costs, disbursements and the like related to any claim described in Sections 6(b)(i), 6(b)(ii) or 6(b)(iii) above.
ADDITIONAL RELEASE OF CLAIMS. In further exchange for the consideration set forth in the Release to which this Additional Release of Claims (the “Additional Release”) is attached, on behalf of you and your heirs, executors, administrators, successors and assigns, you hereby fully, forever, irrevocably and unconditionally release, remise and discharge the Company and its affiliates, subsidiaries, parent companies, predecessors and successors, and all of their respective past and present officers, directors, stockholders, partners, members, employees, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the “Released Parties”) from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities and expenses (including attorneys’ fees and costs), of every kind and nature that you ever had or now have against any or all of the Released Parties, including, but not limited to, any and all claims arising out of or relating to your recruitment by, employment with and/or separation from the Company, including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 etseq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 etseq., the Family and Medical Leave Act, 29 U.S.C. § 2601 etseq., the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. § 2101 etseq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 etseq., Executive Order 11246, Executive Order 11141, the Fair Credit Reporting Act, 15 U.S.C. § 1681 etseq., and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 etseq., all as amended; all claims arising out of the Virginia Human Rights Act, Va. Code Xxx. § 2.2-3900 etseq., the Virginians with Disabilities Act, Va. Code Xxx. § 51.5-1 etseq., Va. Code Xxx. § 40.1-28.6 (Virginia equal pay law), and Va. Code Xxx. §§ 40.1-51.2:1 etseq. and 40.1-51.4:5 (Virginia whistleblower protection laws), all as amended; all common law claims including, but not limited to, actions in defamation, intentional infliction of emotional distress, misrepresentation, fraud, wrongful discha...
ADDITIONAL RELEASE OF CLAIMS. Notwithstanding any other provision of this Agreement, Executive shall not be entitled to any payment or benefit pursuant to Paragraphs 3, 4 or 5 unless Executive has delivered to Company a second release of claims, in the form shown on Exhibit A, that is signed by Executive at least twenty-one (21) days after the Termination Date and is not revoked by Executive, as permitted by the express terms in Exhibit A.
ADDITIONAL RELEASE OF CLAIMS. Without limiting the generality of the foregoing, this Agreement is intended and will release the Releasees from any and all claims, whether known or unknown, which Releasors ever had or now have against the Releasees including, but not limited to, (i) any claim of discrimination or retaliation under the Age Discrimination in Employment Act (“ADEA”) 29 U.S.C. Section 621 et seq., Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) or the Family and Medical Leave Act; (ii) any claim under the New York State Human Rights Law and the New York City Administrative Code; (iii) any other claim (whether based on federal, state or local law or ordinance statutory or decisional) relating to or arising out of your employment and service as a director to the Company, the terms and conditions of such employment and service, the termination of such employment and service and/or any of the events relating directly or indirectly to or surrounding the termination of such employment and service, and/or any of the events relating directly or indirectly to or surrounding the termination of such employment and service, including, but not limited to, breach of contract (express or implied), tort, wrongful discharge, detrimental reliance, defamation, emotional distress or compensatory or punitive damages; and (iv) any claim for attorney’s fees, costs, disbursements and the like related to any claim described in Sections 3(b)(i), 3(b)(ii) or 3(b)(iii) above.
ADDITIONAL RELEASE OF CLAIMS. Defined terms used herein but not otherwise defined herein shall have the meaning given to them in the letter agreement to which this Exhibit B is attached.
ADDITIONAL RELEASE OF CLAIMS. This Additional Release of Claims (this “Additional Release”) is made as of the date set forth opposite Executive’s signature below, by and between the Company and Executive. Capitalized terms used but not defined herein have the meanings set forth in the Separation and Release of Claims Agreement (the “Separation Agreement”) to which this Additional Release is attached.
ADDITIONAL RELEASE OF CLAIMS. Notwithstanding anything else in the Agreement or this Amendment, it shall be a condition precedent to any obligation of STAAR to provide severance pursuant to Section 4.11 or continued benefits pursuant to Section 4.12 that Executive (a) within seven days after the Date of Termination, but not before such date, executes and delivers to STAAR a general release substantially in the form attached to this Agreement as Exhibit B, and (b) does not revoke such release during any period in which Executive has a right of revocation. Executive agrees that if he does not so execute and deliver the additional release, or if he revokes it, he will permanently waive any right to such severance payments or such continued benefits. STAAR will provide the general release agreement for Executive’s execution, which shall be substantially in the form attached to this Agreement as Exhibit B, by May 13, 2011.
