AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit: (i) you hereby confirm that you accept and agree to all of the terms and conditions set forth above; (ii) you also acknowledge that this Agreement provides consideration to you which you are not legally entitled to receive in connection with your employment with the Company and/or the ending of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to forever release and discharge the Company, its Affiliates, and its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, fiduciaries, agents, trustees, administrators, and employees (collectively referred to as the "Releasees"), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any and all claims in connection with your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims under this Agreement. (iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full; (iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and (v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordingly. You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, pursuant to this Agreement. This waiver and release includes all claims of any kind, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release is executed. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Early Retirement Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth above;
(ii) you also acknowledge that this Agreement provides consideration to you which exceeds what you are not legally and contractually entitled to receive in connection with your employment with the Company and/or the ending of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to irrevocably, unconditionally and forever release and discharge the Company, Company and its Affiliates, and including, without limitation, its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, executives, partners, stakeholders, fiduciaries, agents, trustees, administrators, attorneys, and employees (collectively referred to as the "Releasees"), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any and all claims in full and final settlement of any rights or obligations that may exist on the date hereof in connection with or arising from your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims under this Agreement.;
(iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordingly. You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, pursuant to this Agreement. This waiver and release includes all claims of any kind, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release is executed. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Separation Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefitAgreement:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth above;
(ii) you also acknowledge that this Agreement provides to you additional consideration that exceeds any consideration to you which you are not legally otherwise entitled to receive in connection with your employment agreement with the Company and/or Company, the ending of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to forever release and discharge the Company, its Affiliates, and its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, fiduciaries, agents, trustees, administrators, and employees (collectively referred to as the "Releasees"), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have have, or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, occurred up to the date of this Agreement, Agreement including, but not limited to, any and all claims in connection with your employment Xxxxxx Xxxxxx Products S.A., Xxxxxx xx Xxxxxxxx 00, 0000 Xxxxxxxx, Xxxxxxxxxxx T:+00 (00) 000 00 00, F: +00 (00) 000 00 00 Page 13 of 18 45243183.1 and appointments with the Company (or with any other Releasee) and/or your separation therefromtherefrom (the “Claims”). The foregoing releases For avoidance of doubt, an individual or entity not an Affiliate of the Company shall not apply constitute a Releasee solely to any claims under this Agreement.the extent that the underlying Claim involves such individual or entity acting for and on behalf of the Company or an Affiliate of the Company;
(iii) if applicable, you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;; and
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and.
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, respect to the rights and obligations that this Agreement expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordinglysets out. You represent that you have not, and agree that, to the extent permitted by lawlaw and the penultimate paragraph of this Section regarding government agency claims and investigations, you will not, not bring or cause to be brought any chargesClaims against the Releasees. Further, claimsalthough the Company and you agree below that no federal, demandsstate, or actions in any forum against local U.S. employment laws apply to your employment relationship with the Company or its Affiliates, should a court, agency or other tribunal of competent jurisdiction conclude that any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, pursuant to this Agreement. This waiver and release includes all claims of any kind, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release is executed. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any U.S. federal, state or local law employment laws apply to your employment relationship with the Company or its Affiliates this waiver and release of Claims shall include, but not be limited to, all Claims arising under the following laws, as amended, where applicable, and to the extent permitted by law: (statutory i) Title VII of the Civil Rights Act of 1964; (ii) the Americans with Disabilities Act ; (iii) Sections 1981 through 1988 of Title 42 of the United States Code; (iv) the Employee Retirement Income Security Act; (v) the Age Discrimination in Employment Act; (vi) the Older Workers Benefit Protection Act; (vii) the Xxxxxxxx-Xxxxx Act, and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act; (viii) ( (ix) all other U.S. federal, state and local fair employment and civil right laws; (x) breach of contract (express or decisionalimplied), ordinance retaliation, wrongful discharge, detrimental reliance, fraud, tort, misrepresentation, defamation, emotional distress, and/or compensatory and/or punitive damages; and (xi) attorneys’ fees, costs, damages, equitable relief, disbursements and/or the like to the extent, if at all, that these may be applicable, and/or all other applicable city, state or regulation, breached any contract or committed any wrong whatsoever against youfederal anti-discrimination and employment laws.
Appears in 1 contract
Samples: Early Retirement Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth abovein this Agreement;
(ii) you hereby acknowledge and agree that all overtime work you might have performed, if any, has been compensated in full;
(iii) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company, and supersedes all discussions and understandings, if any, oral or written;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you also acknowledge that this Agreement provides consideration to you which you are not legally entitled to receive in connection with your employment with the under usual Company and/or the ending of said employment, policy or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to forever release and discharge the Company, its Affiliates, and its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, fiduciaries, agents, trustees, administrators, and employees (collectively referred to as the "“Releasees"”), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any and all claims in connection with your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims under this Agreement.
(iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordinglysaid employment. You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from the end of said employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, made pursuant to this AgreementSections 3 and 4 above. This waiver and release includes all claims of any kind, whether they are known to you or unknown, kind which you now have, had, or may hereafter claim to have had against the CompanyCompany and its Affiliates, its Affiliates and other Releaseestheir current and former officers, directors, employees, employee benefit plans or any of thempension funds, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release is executed. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Early Retirement Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth aboveabove and you represent that you do not today or presently expect that you will in the future have any claim or interest adverse to the Company or any of its Affiliates;
(ii) you also acknowledge that this Agreement provides consideration to you which you are not legally entitled to receive in connection with your employment with the Company and/or the ending end of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to forever release and discharge the Company, its Affiliates, and its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, fiduciaries, agents, trustees, administrators, and employees (collectively referred to as the "“Releasees"”), from any and all claims, demands, damages, remedies, contracts (express or implied) and Xxxxxx Xxxxxx International Management S.A. XXXXXX XX XXXXXXXX 00 — XXXX XXXXXXX 0000 — 1001 LAUSANNE — SWITZERLAND — TELEPHONE : +00 00 000 00 00 — TELEFAX : +00 00 000 00 00 causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of effectiveness of this Agreement, including, but not limited to, any and all claims in connection with your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims for monies due under this Agreement.
(iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordingly. You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of effectiveness of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, made pursuant to this AgreementSection 3. This waiver and release includes all claims of any kindkind under the laws of Switzerland or any other jurisdiction, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. Further, although the Company and you agree below that no federal, state, or local U.S. employment laws apply to your employment relationship with the Company or its Affiliates, the waiver and release include, but are not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, as amended, the Americans With Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the New York State Human Rights Law, the New York Equal Pay Law, the New York City Administrative Code, and the Employee Retirement Income Security Act, as amended, to the Xxxxxx Xxxxxx International Management S.A. XXXXXX XX XXXXXXXX 00 — XXXX XXXXXXX 0000 — 1001 LAUSANNE — SWITZERLAND — TELEPHONE : +00 00 000 00 00 — TELEFAX : +00 00 000 00 00 extent, if at all, that these may be applicable, and/or all other applicable city, state or federal anti-discrimination and employment laws. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release becomes effective. Nothing in this Agreement prevents you from filing an employment discrimination charge with an administrative authority or cooperating with the investigation of such a charge. However, you expressly waive your right to any personal relief for claims released by this Section, including lost wages, salary, benefits, money damages, attorneys’ fees, costs, reinstatement or any other legal or equitable relief whatsoever. You waive such personal relief even if it is executedsought on your behalf by an agency, a governmental authority, or a person claiming to represent you and/or any member of a class. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Separation Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth above;
(ii) you also acknowledge that this Agreement provides consideration to you which exceeds what you are not legally and contractually entitled to receive in connection with your employment with the Company and/or the ending of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to irrevocably, unconditionally and forever release and discharge the Company, Company and its Affiliates, and including, without limitation, its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, executives, partners, stakeholders, fiduciaries, agents, trustees, administrators, attorneys, and employees (collectively referred to as the "Releasees"), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any and all claims in full and final settlement of any rights or obligations that may exist on the date hereof in connection with or arising from your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims under this Agreement.;
(iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. HoweverXxxxxx Xxxxxx Products S.A., if requested to do itXxxxxx xx Xxxxxxxx 00, you shall execute additional documents to formalize the end 0000 Xxxxxxxx, Xxxxxxxxxxx T:+00 (00) 000 00 00, F: +00 (00) 000 00 00 Page 13 of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordingly. 16 You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to the settlement of any outstanding expenses pursuant to the Company’s Expense Account Travel and Entertainment Policy and the payments to be made, respectively the benefits to be granted, pursuant to this Agreement. This waiver and release includes all claims of any kind, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release is executed; however, you agree to execute any confirmation or renewal of this release that the Company may submit to you by the Termination Date and understand that it will be a condition for you to receive the Severance Payment. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Separation Agreement (Philip Morris International Inc.)
AGREEMENT AND RELEASE. By countersigning this Agreement and in consideration of the payments to be made by the Company to you or for your benefit:
(i) you hereby confirm that you accept and agree to all of the terms and conditions set forth aboveabove and you represent that you do not today or presently expect that you will in the future have any claim or interest adverse to the Company or any of its Affiliates;
(ii) you also acknowledge that this Agreement provides consideration to you which you are not legally entitled to receive in connection with your employment with the Company and/or the ending end of said employment, or under any other agreement. In exchange for receiving this additional consideration, you agree, on behalf of yourself, your heirs, personal representatives, executors, administrators, successors and assigns, to forever release and discharge the Company, its Affiliates, and its and their respective successors, predecessors, divisions, assigns, assets, employee benefit plans or funds, pension funds, and any of its or their respective past, present and/or future representatives, shareholders, directors, officers, fiduciaries, agents, trustees, administrators, and employees (collectively referred to as the "“Releasees"”), from any and all claims, demands, damages, remedies, contracts (express or implied) and causes of action of any kind or nature whatsoever, whether known or unknown, which you had, now have or in the future may or could have against the Releasees, or any of them, by reason of any matter, act, omission or event that occurred, or is alleged to have occurred, up to the date of effectiveness of this Agreement, including, but not limited to, any and all claims in connection with your employment with the Company (or with any other Releasee) and/or your separation therefrom. The foregoing releases shall not apply to any claims for monies due under this Agreement.
(iii) you hereby acknowledge and agree that all overtime work and/or supplementary work you might have performed, if any, has been compensated in full;
(iv) if any provision of this Agreement is held by a court of competent jurisdiction to be overbroad, unreasonable or unenforceable, such provision shall be given effect by the court to the maximum extent possible by narrowing or not enforcing in part that aspect of the provision found overbroad, unreasonable or unenforceable, without affecting the validity or enforceability of the remainder of this Agreement; and
(v) you hereby agree that this Agreement sets out all the terms and conditions relating to the ending of your employment with the Company and your secondment with Xxxxxx Xxxxxx Asia Ltd., and supersedes all discussions and understandings, if any, oral or written. However, if requested to do it, you shall execute additional documents to formalize the end of your employment or secondment with the Company and/or an Affiliate, with no further compensation, and expressly agree that it is a condition for you to receive the Retirement Benefit. Should you receive any statutory amount in connection with the end of possible employment relationships out of Home country, the Company shall take it into account and impact the Retirement Benefit accordingly. You represent that you have not, and agree that, to the extent permitted by law, you will not, bring or cause to be brought any charges, claims, demands, or actions in any forum against the Company or any other Releasee arising from any matter, act, omission or event that occurred or is alleged to have occurred, up to the date of effectiveness of this Agreement, including, but not limited to, any charge or claim in connection with your employment and/or your separation from employment, except for any claim related to settlement of any outstanding expenses pursuant to the Company’s Expense Account Policy and the payments to be made, respectively the benefits to be granted, made pursuant to this AgreementSection 3. This waiver and release includes all claims of any kind, whether they are known to you or unknown, which you now have, had, or may hereafter claim to have had against the Company, its Affiliates and other Releasees, or any of them, by reason of any matter, act, omission, or event that has occurred or is alleged to have occurred up to the date of this Agreement, except for claims that cannot be waived or released under Swiss law. Further, although the Company and you agree below that no federal, state, or local U.S. employment laws apply to your employment relationship with the Company or its Affiliates, the waiver and release include, but are not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, as amended, the Americans With Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the New York State Human Rights Law, the New York Equal Pay Law, the New York City Administrative Code, and the Employee Retirement Income Security Act, as amended, to the extent, if at all, that these may be applicable, and/or all other applicable city, state or federal anti-discrimination and employment laws. This Agreement does not waive or release any rights or claims that you may have which arise after the date of this Agreement and Release becomes effective. Nothing in this Agreement prevents you from filing an employment discrimination charge with an administrative authority or cooperating with the investigation of such a charge. However, you expressly waive your right to any personal relief for claims released by this section, including lost wages, salary, benefits, money damages, attorneys’ fees, costs, reinstatement or any other legal or equitable relief whatsoever. You waive such personal relief even if it is executedsought on your behalf by an agency, a governmental authority, or a person claiming to represent you and/or any member of a class. The making of this Agreement is not intended to be, and shall not be construed, as an admission that the Company or any of the Releasees violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever against you.
Appears in 1 contract
Samples: Separation Agreement (Philip Morris International Inc.)
