Agreement to Release My Claims. Except as stated in Paragraph 4, I agree to give up all My Claims, waive any rights thereunder, and forever discharge the Employer and all Released Parties of and from any and all liability to me for actions or causes of action, suits, or Claims. To the maximum extent permitted by law, I agree that I will not seek and I waive any right to accept any relief or award from any charge or action against the Employer or other Released Party before any federal, state, or local administrative agency or federal state or local court whether filed by me or on my behalf with respect to any claim or right covered by this Release. I also agree to withdraw any and all of my charges and lawsuits against Employer or other Released Party, except that I may, but am not required to, withdraw or dismiss, or attempt to withdraw or dismiss, any charges that I may have pending against the Employer or other Released Party with the EEOC or other civil rights enforcement agency. I represent and warrant that I have not transferred or otherwise assigned my Claims, or parts thereof, to any person or entity, other than the Employer. I will defend, indemnify and hold harmless the Employer from and against any claim (including the payment of attorneys’ fees and costs actually incurred whether or not litigation is commenced) that is directly or indirectly based on or in connection with or arising out of any such assignment or transfer made, purported or claimed. In exchange for my agreement to release my Claims, I am receiving satisfactory Consideration (compensation) from the Employer to which I am not otherwise entitled by law, contract, or under any Employer policy. The consideration I am receiving is a full and fair payment for the release of all my Claims. The Employer and the Released Parties do not owe me anything in addition to what I will be receiving.
Appears in 15 contracts
Samples: Employment Agreement (Sonoma Pharmaceuticals, Inc.), Employment Agreement (Sonoma Pharmaceuticals, Inc.), Employment Agreement (Sonoma Pharmaceuticals, Inc.)
Agreement to Release My Claims. Except as stated in Paragraph 4, I agree to give up all My Claims, waive any rights thereunder, and forever discharge the Employer and all Released Parties of and from any and all liability to me for actions or causes of action, suits, or Claims. To the maximum extent permitted by law, I agree that I will not seek and I waive any right to accept any relief or award from any charge or action against the Employer or other Released Party before any federal, state, or local administrative agency or federal state or local court whether filed by me or on my behalf with respect to any claim or right covered by this Release. I also agree to withdraw any and all of my charges and lawsuits against Employer or other Released Party, except that I may, but am not required to, withdraw or dismiss, or attempt to withdraw or dismiss, any charges that I may have pending against the Employer or other Released Party with the EEOC or other civil rights enforcement agency. I represent and warrant that I have not transferred or otherwise assigned my Claims, or parts thereof, to any person or entity, other than the Employer. I will defend, indemnify and hold harmless the Employer from and against any claim (including the payment of attorneys’ fees and costs actually incurred whether or not litigation is commenced) that is directly or indirectly based on or in connection with or arising out of any such assignment or transfer made, purported or claimed. In exchange for my agreement to release my Claims, I am receiving satisfactory Consideration (compensation) from the Employer to which I am not otherwise entitled by law, contract, or under any Employer policy. The consideration I am receiving is a full and fair payment for the release of all my Claims. The Employer and the Released Parties do not owe me anything in addition to what I will be receiving.
Appears in 5 contracts
Samples: Separation Agreement, Executive Employment Agreement (RestorGenex Corp), Executive Employment Agreement (RestorGenex Corp)
Agreement to Release My Claims. Except as stated in Paragraph 4, I agree to give up all My Claims, waive any rights thereunder, and forever discharge the Employer and all Released Parties of and from any and all liability to me for actions or causes of action, suits, or Claims. To the maximum extent permitted by law, I agree that I will not seek and I waive any right to accept any relief or award from any charge or action against the Employer or other Released Party before any federal, state, or local administrative agency or federal state or local court whether filed by me or on my behalf with respect to any claim or right covered by this Release. I also agree to withdraw any and all of my charges and lawsuits against Employer or other Released Party, except that I may, but am not required to, withdraw or dismiss, or attempt to withdraw or dismiss, any charges that I may have pending against the Employer or other Released Party with the EEOC or other civil rights enforcement agency. I represent and warrant that I have not transferred or otherwise assigned my Claims, or parts thereof, to any person or entity, other than the Employer. I will defend, indemnify and hold harmless the Employer from and against any claim (including the payment of attorneys’ fees and costs actually incurred whether or not litigation is commenced) that is directly or indirectly based on or in connection with or arising out of any such assignment or transfer made, purported or claimed. In exchange for my agreement to release my Claims, I am receiving satisfactory Consideration (compensation) consideration from the Employer to which I am not otherwise entitled by law, contract, or under any policy of Employer. I agree to give up all My Claims and withdraw any and all my charges and lawsuits (if any) against Employer policyin exchange for that consideration. I will not bring any lawsuits, file any charges, complaints, or notices, or make any other demands against the Employer based on My Claims. The consideration I am receiving is a full and fair payment for the release of all my My Claims. The Employer and the Released Parties do does not owe me anything in addition to what I will be receiving. Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, I understand and acknowledge that the Employer does not admit that it may be responsible or legally obligated to me. In fact, the Employer expressly denies that it or he/she is responsible or legally obligated for My Claims or that it or he/she has engaged in any 4 5 wrongdoing. I am also hereby advised to consult with an attorney before I sign this Release and the Agreement to which it is attached. Nothing contained herein, however, shall be construed to prohibit you from filing a charge with the Equal Employment Opportunity Commission, but your release includes a release of your right to file a court action or to seek individual remedies or damages in any Equal Employment Opportunity Commission-filed court action, and your release of these rights shall apply with full force and effect to any proceedings arising from or relating to such a charge.
Appears in 1 contract
Samples: Separation Agreement (American Medical Systems Holdings Inc)
Agreement to Release My Claims. Except as stated in Paragraph 4, I agree to give up all My Claims, waive any rights thereunder, and forever discharge the Employer and all Released Parties of and from any and all liability to me for actions or causes of action, suits, or Claims. To the maximum extent permitted by law, I agree that I will not seek and I waive any right to accept any relief or award from any charge or action against the Employer or other Released Party before any federal, state, or local administrative agency or federal state or local court whether filed by me or on my behalf with respect to any claim or right covered by this Release. I also agree to withdraw any and all of my charges and lawsuits against Employer or other Released Party, except that I may, but am not required to, withdraw or dismiss, or attempt to withdraw or dismiss, any charges that I may have pending against the Employer or other Released Party with the EEOC or other civil rights enforcement agency. I represent and warrant that I have not transferred or otherwise assigned my Claims, or parts thereof, to any person or entity, other than the Employer. I will defend, indemnify and hold harmless the Employer from and against any claim (including the payment of attorneys’ fees and costs actually incurred whether or not litigation is commenced) that is directly or indirectly based on or in connection with or arising out of any such assignment or transfer made, purported or claimed. In exchange for my agreement to release my Claims, A. I am receiving satisfactory Consideration (compensation) consideration from the Employer Ontrak to which I am not otherwise entitled by law, contract, or under any Employer policypolicy of Ontrak. I agree to give up, release and dismiss all My Claims against Ontrak in exchange for that consideration. I will waive all of My Claims, and will not bring any complaints or make any other demands against Ontrak based on My Claims. The consideration I am receiving is a full and fair payment for the release of all my My Claims. The Employer and the Released Parties do Ontrak does not owe me anything in addition to what I will be receiving.
B. I understand and acknowledge that the consideration outlined above is in addition to anything of value that I would be entitled to receive from Ontrak if I did not sign this Release. In exchange for that consideration, and by executing this Release, I agree to waive all of My Claims. I will not bring any complaints against Ontrak, or make any demands against Ontrak for compensation or damages, based on My Claims. The consideration that I am receiving is a full and fair payment for the release of My Claims.
C. This Release does not purport to limit any right I may have to file a charge under Title VII, ADEA, ADA, Section 1981 or any other civil rights statute, regulation, or ordinance, or to participate in an investigation or proceeding conducted by the EEOC or other anti-discrimination agency. It is my intention, however, to release any right to recover damages under Title VII, ADA, Section 1981 and other civil rights statutes, regulations, and ordinances for My Claims.
D. Nothing contained in this Agreement is intended to operate as a waiver, release or to commute rights I have or may have to unemployment benefits or to file a claim as authorized by Section 18C of the Fair Labor Standards Act, 29 USC 218C, for retaliation under the Affordable Care Act.
Appears in 1 contract
Samples: Separation Agreement (Ontrak, Inc.)