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Common use of Affirmations Clause in Contracts

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; and (f) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 3 contracts

Samples: Employment Agreement (Scientific Games Corp), Employment Agreement (Scientific Games Corp), Employment Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in Section 2(b) of the AmendmentAgreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You Other than as described in Section 2 of the Agreement, you are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about your last day of employment, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment the Agreement (including, but not limited to, Sections 4, 5, and/or 6 of the Agreement), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration BenefitsSeverance Amount (as defined in the Agreement), other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement Agreement, the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery payments of the Expiration BenefitsSeverance Amount. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including including, but not limited to to, your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 2 contracts

Samples: Separation Agreement (Addus HomeCare Corp), Separation Agreement (Addus HomeCare Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement). You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement (including, but not limited to, Section 8 or your the provisions of the Employment Agreement which survive), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Separation Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2 and 4. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 2 contracts

Samples: Separation and Consultancy Agreement (Scientific Games Corp), General Release Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming Executive hereby affirms that: (a) Other than Subject to payment as described set forth in the AmendmentNotice Regarding Last Day of Employment, you Executive has have been paid and/or have has received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you Executive may be entitledentitled (except as set forth in this Agreement), and that no other amounts and/or benefits are due to Executive except as specifically provided in this Agreement. You affirm Executive affirms that you have Executive has been granted or not been denied any leave to which you were he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are Executive is not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have Executive has no known workplace injuries or occupational diseasesdiseases that Executive has not reported to the Company in writing and Executive either has been provided or Executive has not been denied any leave requested under the Family and Medical Leave Act or any applicable Company policy or any local, state or federal law; (d) You have Executive has not complained of and you are Executive is not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have Executive has not reported to the Company in writingCompany. You Executive also affirm affirms that you have Executive has not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties Parties acknowledge that this Release Agreement does not limit either partyParty’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree Executive agrees that if such an administrative claim is made, you Executive shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge On or about the Termination Date, or within a reasonable time thereafter, the Company will provide Executive with timely and agree that all adequate notice of Executive’s right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the Company’s decisions regarding your pay and day before termination, Executive did not receive group health insurance benefits through the date Company and thus is not a qualified beneficiary within the meaning of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by lawCOBRA); and (f) You acknowledge Executive acknowledges and agree agrees that if you breach Executive breaches the provisions of this Release Agreement or your Employment Agreement that Agreement, the Company will have the right to seek an any appropriate remedy against youlegal and/or equitable remedies as a result of Executive’s breach, which may include, but may not be limited to, injunctive relief, the return of the Expiration Benefitsany payments, reimbursements or benefits Executive has received under any provision of this Agreement, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Separation Agreement (Las Vegas Sands Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in Section 2(b) of the AmendmentAgreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You Other than as described in Section 2 of the Agreement, you are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about your last day of employment, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment the Agreement (including, but not limited to, Sections 4, 6 and 7 of the Agreement), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration BenefitsSeparation Benefits (as defined in the Agreement), other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery payments of the Expiration Separation Benefits. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Separation Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement), and if applicable, that you have reported all hours worked as of the date you sign this Agreement. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement (including, but not limited to, Sections 7 or your 9 or the provisions of the Employment Agreement which survive), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: General Release Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement). You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement (including, but not limited to, Section 8 or your the provisions of the Employment Agreement which survive), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Agreement and General Release (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement), and if applicable, that you have reported all hours worked as of the date you sign this Agreement. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement (including, but not limited to, Sections 7, 9 and 10), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: General Release Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement), and if applicable, that you have reported all hours worked as of the date you sign this Agreement. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; and; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); (g) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement (including, but not limited to, Sections 7, 9 and 10), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach; and (h) You acknowledge receipt of Attachment A, in compliance with the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act.

Appears in 1 contract

Samples: Agreement and General Release (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement), and if applicable, that you have reported all hours worked as of the date you sign this Agreement. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Company Party’s severance pay policy, plan, practice or arrangementarrangement (except as set forth in this Agreement); (c) Your separation from the Company is not under circumstances that would entitle you to any payments or benefits pursuant to your Employment Agreement with the Company, dated November 22, 2013 (the “Employment Agreement”). The Employment Agreement shall be terminated as of the date hereof and of no further force or effect and the payments being made to you under this Agreement are solely intended as consideration to obtain your release of claims and acceptance of the other terms and conditions specified in this Agreement in connection with your separation from the Company; provided, however, that, in consideration for the Separation Payment and the compensation you received pursuant to Section 2 of the Employment Agreement, you shall continue to be bound by your duties and obligations under Section 5 of the Employment Agreement following the Separation Date in accordance with its terms and conditions, except that (i) to the extent any provision of this Agreement addresses matters covered in Section 5 of the Employment Agreement, the provision of this Agreement shall prevail and supersede any such provision in the Employment Agreement, and (ii) notwithstanding anything to the contrary anywhere, Section 5(a) of the Employment Agreement shall cease to apply to you as of the Separation Date; (d) You have no known workplace injuries or occupational diseases; (de) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Company Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Company Party, including any allegations of corporate fraud. Both parties Parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (ef) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (g) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fh) You acknowledge and agree that if you materially breach the provisions of this Release Agreement or your Employment Agreement (including, but not limited to, Sections 7, 9 and 10), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration BenefitsSeparation Payment, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you materially breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Agreement and General Release (Scientific Games Corp)

Affirmations. In signing this Release AgreementEmployee affirms that she has not filed, you are affirming that: (a) Other than as described caused to be filed, or presently is a party to any claim, lawsuit or other action against CuraGen in the Amendment, you have any forum or form. Employee also affirms that she has been paid and/or have has received all compensation, wages, bonuses, commissions, overtime stock options and/or benefits to which you she may be entitled, except as provided in this Agreement and General Release. You affirm Employee affirmatively waives any right to salary continuation or other benefits contained in the Employment Agreement except as provided in this Agreement and General Release OR for those identified in Paragraph 11(C) and 11(D). Employee acknowledges that you have been granted or she continues to be bound by the terms of the Employment Agreement including, but not been denied any leave to which you were entitled under limited to, the Family requirements of Paragraphs 6, 7, 8 and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have 12 of the Employment Agreement. Employee further affirms that she has no known workplace injuries or occupational diseases; . Employee affirms that she has been granted all leaves (dpaid and unpaid) You have to which she was entitled under the state or federal Family and Medical Leave Act and that she has not complained been discriminated against or retaliated against due to her exercise of rights, if any, under the state and/or federal Family and you are not aware Medical Leave Act. Employee affirms that following Employee’s termination of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party employment, Employee will provide information, assist and cooperate with CuraGen in executing CuraGen’s patent filings. Employee affirms that you have not reported to the Company in writing. You also affirm that you have she has not been retaliated against for reporting any allegations of wrongdoing or inappropriate conduct by any Released PartyCuraGen or its officers, including any allegations of corporate or financial fraud. Both parties to this Agreement acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or of local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim charge is made, you she shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge . Employee further acknowledges and agree affirms that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicapshould she commence, or become a party to, any other classification protected by law; and (f) You acknowledge and agree that if you breach the provisions of this Release Agreement lawsuit against CuraGen filed in federal or your Employment Agreement that the Company will have the state court, she waives her right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Benefits, other any monetary recovery or damages, and the payment of the Company’s including attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Severance Agreement (Curagen Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonusesbonuses (with the exception of any 2016 bonus that will be paid in the first quarter of 2017), commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties You acknowledge that this Release Agreement does not limit either partythe Company’s rightor your rights, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about your last day of employment, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement Agreement, that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, termination of your consulting service under the return Consulting Agreement (pursuant to the second sentence of Section 5.2 of the Expiration BenefitsConsulting Agreement), in which case it will be treated as a material breach and a “Cause” termination, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery Notwithstanding such actions of the Expiration Benefits. Notwithstanding such cessationCompany, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Modification Agreement (Scientific Games Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the Amendment, you You have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitledentitled (except as set forth in this Agreement). You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about the Separation Date, or within a reasonable time thereafter, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you willfully or materially breach the provisions of this Release Agreement (including, but not limited to, Section 8 or your the provisions of the Employment Agreement which survive), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you willfully or materially breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefitspayments pursuant to Section 2. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: General Release Agreement (SciPlay Corp)

Affirmations. In signing this Release Agreement, you are affirming Employee hereby affirms that: (a) Other than as described in the Amendment, you Employee has have been paid and/or have has received all compensation, wages, bonuses, commissions, overtime overtime, and/or benefits to which you Employee may be entitledentitled (except as set forth in this Agreement), and that no other amounts and/or benefits are due to Employee except as specifically provided in the Agreement. You affirm Employee affirms that you have Employee has been granted or not been denied any leave to which you were Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are Employee is not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice practice, or arrangement; (c) You have Employee has no known workplace injuries or occupational diseasesdiseases that Employee has not reported to the Company in writing and Employee either has been provided or Employee has not been denied any leave requested under the Family and Medical Leave Act or any applicable Company policy or any local, state, or federal law; (d) You have Employee has not complained of and you are Employee is not aware of any fraudulent activity or any act(s) which would form the basis of a claim Claim of fraudulent or illegal activity by the Company or any other Released Party that you have Employee has not reported to the Company in writing. You Employee also affirm affirms that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties Parties acknowledge that this Release Agreement does not limit either partyParty’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim a Claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies;; and (e) You acknowledge Employee acknowledges and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; and (f) You acknowledge and agree agrees that if you breach Employee breaches the provisions of this Release Agreement or your Employment Agreement that Agreement, the Company will have the right to seek an any appropriate remedy against youlegal and/or equitable remedies as a result of Employee’s breach, which may include, but may not be limited to, injunctive relief, the return of the Expiration Benefitsany payments, reimbursements or benefits Employee has received under any provision of this Agreement, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Separation Agreement (Kaiser Aluminum Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in Section 2(d) of the AmendmentAgreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You Other than as described in Section 2 of the Agreement, you are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; (f) On or about your last day of employment, the Company provided you with timely and adequate notice of your right to continue group insurance benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); and (fg) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment the Agreement (including, but not limited to, Sections 4, 5, 6, 7, and/or 8 of the Agreement), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration BenefitsSeverance Amount (as defined in the Agreement), other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement Agreement, the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery payments of the Expiration BenefitsSeverance Amount. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including including, but not limited to to, your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Separation Agreement (Addus HomeCare Corp)

Affirmations. In signing this Release Agreement, you are affirming that: (a) Other than as described in the AmendmentSection 2 of this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you may be entitled. You affirm that you have been granted or not been denied any leave to which you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You Other than as described in Section 2 of this Agreement, you are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have not reported to the Company in writing. You also affirm that you have not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties acknowledge that this Release Agreement does not limit either party’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree that all of the Company’s decisions regarding your pay and benefits through the date of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by law; and; (f) On or about the Separation Date, or within a reasonable time thereafter, if requested, you will provide a separate affirmation, if applicable, that the Company provided you with timely and adequate notice of your right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the day before termination, you did not receive group health insurance benefits through the Company and thus are not a qualified beneficiary within the meaning of COBRA); (g) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement (including, but not limited to, Sections 7, 9 and 10), that the Company will have the right to seek an appropriate remedy against you, which may include, but not be limited to, injunctive relief, the return of the Expiration Severance Benefits, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Agreement, Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery payments of the Expiration Severance Benefits. Notwithstanding such cessationcessation of payments, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.; and

Appears in 1 contract

Samples: Agreement and General Release (Scientific Games Corp)

Affirmations. In signing this Release AgreementEmployee affirms that she has not filed, you are affirming that: (a) Other than as described caused to be filed, or presently is a party to any claim, complaint, or action against Theravance Biopharma or any of the Released Parties in the Amendment, you have any forum or form. Employee further affirms that she has been paid and/or have and has received all leave (paid or unpaid), compensation, wages, bonuses, commissions, overtime and/or benefits to which you she may be entitledentitled and that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to her, except as provided in this Agreement. You affirm Employee furthermore affirms that you have she has no known workplace injuries or occupational diseases and has been granted or provided and/or has not been denied any leave to which you were entitled requested under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policyAct, planthe California Family Rights Act, practice or arrangement; (c) You have no known workplace injuries or occupational diseases; (d) You have not complained of and you are not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party leave of absence provided for under federal, state, or local law. Employee further affirms that you have not reported to the Company in writing. You also affirm that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by any Released PartyTheravance Biopharma or its officers, including any allegations of corporate fraud. Both parties Parties acknowledge that this Release Agreement does not limit either partyParty’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge and agree . Employee further affirms that all of the CompanyTheravance Biopharma’s decisions regarding your Employee’s pay and benefits through the date of your Employee’s execution of this Release the Agreement were not discriminatory based on age, medical condition or disability, race, sex, gender, gender identity, color, sexreligion, religionage, national origin, ancestrysexual orientation, military status, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicapmedical condition, or any other classification protected by law; and (f) You acknowledge and agree that if you breach the provisions of this Release Agreement or your Employment Agreement that the Company will have the right to seek an appropriate remedy against youfederal, which may include, but not be limited to, injunctive relief, the return of the Expiration Benefits, other monetary damagesstate, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing local laws and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breachordinances.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Theravance Biopharma, Inc.)

Affirmations. In signing this Release Agreement, you are affirming Executive hereby affirms that: (a) Other than as described in Subject to payment of his final salary and COBRA payment through the AmendmentTermination Date, you Executive has have been paid and/or have has received all compensation, wages, bonuses, commissions, overtime and/or benefits to which you Executive may be entitledentitled (except as set forth in this Agreement), and that no other amounts and/or benefits are due to Executive except as specifically provided in this Agreement. You affirm Executive affirms that you have Executive has been granted or not been denied any leave to which you were he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws; (b) You are Executive is not eligible to receive payments or benefits under any other Company and/or other Released Party’s severance pay policy, plan, practice or arrangement; (c) You have Executive has no known workplace injuries or occupational diseasesdiseases that Executive has not reported to the Company in writing and Executive either has been provided or Executive has not been denied any leave requested under the Family and Medical Leave Act or any applicable Company policy or any local, state or federal law; (d) You have Executive has not complained of and you are Executive is not aware of any fraudulent activity or any act(s) which would form the basis of a claim of fraudulent or illegal activity by the Company or any other Released Party that you have Executive has not reported to the Company in writing. You also affirm Executive affirms that you have Executive has not been retaliated against for reporting any allegations of wrongdoing by any Released Party, including any allegations of corporate fraud. Both parties Parties acknowledge that this Release Agreement does not limit either partyParty’s right, where applicable, to file or to participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, you agree Executive agrees that if such an administrative claim is made, you Executive shall not be entitled to recover any individual monetary relief or other individual remedies; (e) You acknowledge On or about the Termination Date, or within a reasonable time thereafter, the Company will provide Executive with timely and agree that all adequate notice of Executive’s right to continue group insurance benefits under COBRA (unless such notice was not required to be given because, on the Company’s decisions regarding your pay and day before termination, Executive did not receive group health insurance benefits through the date Company and thus is not a qualified beneficiary within the meaning of your execution of this Release Agreement were not discriminatory based on age, medical condition or disability, race, color, sex, religion, national origin, ancestry, marital status, sexual orientation, citizenship status, pregnancy or any pregnancy related disability, family status, leave of absence, handicap, or any other classification protected by lawCOBRA); and (f) You acknowledge Executive acknowledges and agree agrees that if you breach Executive breaches the provisions of this Release Agreement or your Employment Agreement that Agreement, the Company will have the right to seek an any appropriate remedy against youlegal and/or equitable remedies as a result of Executive’s breach, which may include, but may not be limited to, injunctive relief, the return of the Expiration Benefitsany payments, reimbursements or benefits Executive has received under any provision of this Agreement, other monetary damages, and the payment of the Company’s attorneys’ fees. Additionally, if you breach this Release Agreement or the Employment Agreement the Company shall have the right, without waiving any other remedies in law or equity, to cease any further payment or delivery of the Expiration Benefits. Notwithstanding such cessation, all of your obligations hereunder shall be continuing and enforceable including but not limited to your release of claims, and the Company shall be entitled to pursue all remedies against you available at law or in equity for such breach.

Appears in 1 contract

Samples: Separation Agreement (Las Vegas Sands Corp)