Common use of Agreement to Release My Claims Clause in Contracts

Agreement to Release My Claims. In exchange for the consideration set forth in Sections III and IV above, I, on behalf of myself and my heirs, administrators, executors, and assigns, agree to fully and forever give up, release, remise, discharge and waive all my Claims against the Company for anything that has occurred from the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or not. I have not and will not, for myself or on behalf of any person, entity or government, bring any federal, state or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands against the Company based on my Claims. The consideration I am receiving is a full and fair payment for the release of my Claims as outlined here. It is also my intention to release any right to recover damages under Title VII, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discrimination, and all other federal, state and local civil rights or other statutes, regulations, or ordinances. In exchange for the consideration set forth above, I further agree that in the event any person or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company for any Claim, except as may otherwise be prohibited under ADEA or the OWBPA. Such repayment will be made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiate, cooperate, or participate in, or receive payments in connection with, an investigation or proceeding conducted by the Securities and Exchange Commission, Equal Employment Opportunity Commission or any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released by me herein, and I will not be entitled to recover and agree to waive any monetary benefits or recovery against the Company in connection with such Claim without regard to who has brought such claim. Nothing in this Agreement shall limit or restrict my right under ADEA or the OWBPA to challenge the validity of this Agreement in a court of law. This Release does not apply to any rights I may have under workers’ compensation and unemployment compensation policies or statutes.

Appears in 2 contracts

Samples: Transition and Release Agreement, Transition and Release Agreement (Express Scripts Holding Co.)

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Agreement to Release My Claims. In exchange for my right to receive payments and other benefits under my Employment Agreement and for other good and valuable consideration the consideration set forth receipt and sufficiency is hereby acknowledged, including, without limitation, my continued receipt of full compensation during the Transition Term (as defined in Sections III and IV abovemy Employment Agreement), I, on behalf of myself and my heirs, administrators, executors, and assigns, I agree to fully and forever give up, release, remise, discharge and waive up all my My Claims against the Company for anything Employer and give up all other actions, causes of action, claims or administrative complaints that has occurred from I have against the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or notEmployer. I have not and will notexpressly release all claims (including, without limitation, for myself severance or on behalf severance pay) in connection with (i) my resignation as a member of any person, entity or government, the Board of Directors of the Company and/or my resignation as the Chief Executive Officer of the Company as of the Transition Date and (ii) with respect to my termination of employment as of the Retirement Date (as defined in the Employment Agreement). I will not bring any federal, state lawsuits or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands administrative claims against the Company based Employer relating to the claims that I have released nor will I allow any lawsuits or claims to be brought or continued on my Claimsbehalf or in my name. The money and other consideration I am receiving receive pursuant to my Employment Agreement is a full and fair payment for the release of My Claims and the Employer does not owe me anything further for My Claims. Separate from this agreement, I will also receive the Accrued Obligations (as defined in my Claims as outlined hereEmployment Agreement). It is also My rights to receive the other payments and benefits due under my intention to release any right to recover damages under Title VIIEmployment Agreement shall be effective only after receipt by the Employer of this Release, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discriminationsigned by me and properly notarized, and all after the expiration of the seven (7) day revocation period mentioned in Section 5, below. I understand that I will not receive any payments due me under my Employment Agreement (other federalthan payment of the Accrued Obligations) if I revoke or rescind this Release, state and local civil rights or other statutesin any event, regulations, or ordinancesuntil after the seven (7) day revocation period has expired. In exchange for the consideration set forth above, I further agree that in to reimburse the event any person or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company Employer for any Claimcost; loss; expense, except as may otherwise be prohibited including reasonable attorneys’ fees; awards or judgments resulting from my failure to perform my obligations under ADEA this Release or the OWBPA. Such repayment will be from any misstatement or omission I have made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiate, cooperate, or participate in, or receive payments in connection with, an investigation or proceeding conducted by the Securities and Exchange Commission, Equal Employment Opportunity Commission or any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released by me herein, and I will not be entitled to recover and agree to waive any monetary benefits or recovery against the Company in connection with such Claim without regard to who has brought such claim. Nothing in this Agreement shall limit or restrict my right under ADEA or the OWBPA to challenge the validity of this Agreement in a court of law. This Release does not apply to any rights I may have under workers’ compensation and unemployment compensation policies or statutesRelease.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Red Robin Gourmet Burgers Inc)

Agreement to Release My Claims. In exchange for the consideration set forth in Sections III my right to receive payments and IV aboveother benefits under Section 4(e)(iv) of my Employment Agreement, I, on behalf of myself and my heirs, administrators, executors, and assigns, I agree to fully and forever give up, release, remise, discharge and waive up all my My Claims against the Company for anything Employer and give up all other actions, causes of action, claims or administrative complaints that has occurred from I have against the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or notEmployer. I have will not and will not, for myself or on behalf of any person, entity or government, bring any federal, state lawsuits or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands administrative claims against the Company based Employer relating to the claims that I have released nor will I allow any lawsuits or claims to be brought or continued on my Claimsbehalf or in my name. The money and other consideration I am receiving receive pursuant to Section 4(e)(iv) of my Employment Agreement is a full and fair payment for the release of My Claims and the Employer does not owe me anything further for My Claims. Separate from this agreement, I will also receive any compensation due me for the last pay period during which I was an employee of Employer and compensation for earned vacation pay. My rights to receive the other payments and benefits due under Section 4(e)(iv) of my Claims as outlined here. It is also my intention to release any right to recover damages under Title VIIEmployment Agreement shall be effective only after receipt by the Employer of this Release, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discriminationsigned by me and properly notarized, and all after the expiration of the seven (7) day revocation period mentioned in Section 5, below. I understand that I will not receive any payments due me under Section 4(e)(iv) of my Employment Agreement (other federalthan payment of the Accrued Obligations under clause (1) thereof) if I revoke or rescind this Release, state and local civil rights or other statutesin any event, regulations, or ordinancesuntil after the seven (7) day revocation period has expired. In exchange for the consideration set forth above, I further agree that in to: A. Reimburse the event any person or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company Employer for any Claimcost; loss; expense, except as may otherwise be prohibited including reasonable attorneys’ fees; awards or judgments resulting from my failure to perform my obligations under ADEA this Release or the OWBPA. Such repayment will be under my Employment Agreement or from any misstatement or omission I have made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiateRelease; and B. Indemnify, cooperatedefend and save harmless the Employer from any costs, liability or participate inexpense, or receive payments in connection withincluding reasonable attorneys’ fees, an investigation or proceeding conducted by arising from the Securities and Exchange Commissiontaxation, Equal Employment Opportunity Commission or if any, of any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released amounts received by me hereinpursuant to this Release, and I will including but not be entitled to recover and agree to waive any monetary benefits or recovery against the Company in connection with such Claim without regard to who has brought such claim. Nothing in this Agreement shall limit or restrict my right under ADEA or the OWBPA to challenge the validity of this Agreement in a court of law. This Release does not apply limited to any rights I may have under workers’ compensation and unemployment compensation policies penalties or statutesadministrative expenses.

Appears in 1 contract

Samples: Employment Agreement (Red Robin Gourmet Burgers Inc)

Agreement to Release My Claims. In exchange for the consideration set forth in Sections III my right to receive payments and IV aboveother benefits under Section 4(e)(iv) of my Employment Agreement, Ito which I am not otherwise entitled, on behalf of myself and my heirs, administrators, executors, and assigns, I agree to fully and forever give up, release, remise, discharge and waive up all my My Claims against the Company for anything Employer and give up all other actions, causes of action, claims or administrative complaints that has occurred from I have against the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or notEmployer. I have will not and will not, for myself or on behalf of any person, entity or government, bring any federal, state lawsuits or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands claims against the Company based Employer relating to the claims that I have released nor will I allow any lawsuits or claims to be brought or continued on my Claimsbehalf or in my name. The money and other consideration I am receiving receive pursuant to Section 4(e)(iv) of my Employment Agreement is a full and fair payment for the release of My Claims and the Employer does not owe me anything further for My Claims. Separate from this agreement, I will also receive any compensation due me for the last pay period during which I was an employee of Employer and compensation for earned vacation pay. My rights to receive the other payments and benefits due under Section 4(e)(iv) of my Claims as outlined here. It is also my intention to release any right to recover damages under Title VIIEmployment Agreement shall be effective only after receipt by the Employer of this Release, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discriminationsigned by me and properly notarized, and all after the expiration of the seven (7) day revocation period mentioned in Section 5, below. I understand that I will not receive any payments due me under Section 4(e)(iv) of my Employment Agreement (other federalthan payment of the Accrued Obligations under clause (1) thereof) if I revoke or rescind this Release, state and local civil rights or other statutesin any event, regulations, or ordinancesuntil after the seven (7) day revocation period has expired. In exchange for the consideration set forth above, I further agree that in to: A. Reimburse the event any person or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company Employer for any Claimcost; loss; expense, except as may otherwise be prohibited including reasonable attorneys’ fees; awards or judgments resulting from my failure to perform my obligations under ADEA this Release or the OWBPA. Such repayment will be under my Employment Agreement or from any misstatement or omission I have made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiateRelease; and B. Indemnify, cooperatedefend and save harmless the Employer from any costs, liability or participate inexpense, or receive payments in connection withincluding reasonable attorneys’ fees, an investigation or proceeding conducted by arising from the Securities and Exchange Commissiontaxation, Equal Employment Opportunity Commission or if any, of any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released amounts received by me hereinpursuant to this Release, and I will including but not be entitled to recover and agree to waive any monetary benefits or recovery against the Company in connection with such Claim without regard to who has brought such claim. Nothing in this Agreement shall limit or restrict my right under ADEA or the OWBPA to challenge the validity of this Agreement in a court of law. This Release does not apply limited to any rights I may have under workers’ compensation and unemployment compensation policies penalties or statutesadministrative expenses.

Appears in 1 contract

Samples: Separation Agreement (Red Robin Gourmet Burgers Inc)

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Agreement to Release My Claims. In exchange for the consideration set forth in Sections III payment indicated on Exhibit A attached hereto, which includes all amounts for any alleged damages of any kind and IV above, I, on behalf of myself and my heirs, administrators, executorsattorney’s fees, and assignswhich is an amount substantially in excess of the amount that I would be entitled to receive under the terms of my employment with Employer; including my employment agreement, I agree to fully and forever give up, release, remise, discharge waive and waive give up all my My Claims against the Company for anything Employer and release, waive and give up all actions, causes of action, claims or complaints that has occurred from I have against the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or notEmployer. I have will not and will not, for myself or on behalf of any person, entity or government, bring any federal, state lawsuits or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands (except as provided in Section IX) administrative claims against the Company based Employer relating to the Claims that I have released nor will I allow any to be brought or continued on my ClaimsMy behalf or in My name. The money and other consideration I am receiving receive pursuant to this Release is a full and fair payment for the release of my My Claims as outlined hereand the Employer does not owe Me anything more for My Claims. It is I also my intention to release any right to recover damages under Title VIIagree, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discrimination, and all other federal, state and local civil rights or other statutes, regulations, or ordinances. In in exchange for the consideration set forth aboveI will receive, that I will not seek, accept or continue an employment or independent contractor or agency relationship with the Employer during the Consultancy Term. I further agree that in the event Employer will not be obligated to process any person application submitted by me or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company for any Claim, except as may otherwise be prohibited under ADEA or the OWBPA. Such repayment will be made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiate, cooperate, or participate in, or receive payments in connection with, an investigation or proceeding conducted by the Securities and Exchange Commission, Equal Employment Opportunity Commission or any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released by me herein, and I will not be entitled sue or otherwise make a claim against Employer with respect to recover and agree to waive any monetary benefits or recovery against the Company arising in connection with such Claim without regard any subsequent decision not to who hire, engage or retain me. Those provisions will be in effect upon receipt by the Employer of this Release, signed by Me, and after the expiration of the seven (7) day revocation period. I understand that I will not receive any payments under this Release if I revoke or rescind it, and in any event, I will not receive any payments until after the seven (7) day revocation period has brought such claimexpired. Nothing I further agree: A. I will reimburse the Employer for any cost; loss; expense, including reasonable attorney’s fees; awards or judgments resulting from My failure to perform My obligations under this Release or from any misstatement or omission I have made in this Agreement shall limit or restrict my right Release (provided, however, that this subsection (A) will not apply to a claim of age discrimination under the ADEA or the OWBPA to challenge the validity of this Agreement in unless ordered by a court of law. This Release does ); and B. I will indemnify and hold the Employer harmless from any costs, liability or expense, including reasonable attorney’s fees, arising from the taxation, if any, of any amounts received by Me pursuant to this Release, including but not apply limited to any rights penalties or administrative expenses. C. I may have under workers’ compensation and unemployment compensation policies will not make any negative, critical, disparaging or statutesderogatory remarks about the Employer or its current or former directors, officers, employees or other representatives or regarding the Employer's products or services. I will not initiate contact with any newspaper, magazine, journalist, or news media of any type for the purpose of providing information about the Employer or to encourage the writing of articles or news reports about the Employer, its products, services or current or former directors, officers, employees or other representatives.

Appears in 1 contract

Samples: General Release Agreement (Dhi Group, Inc.)

Agreement to Release My Claims. In exchange for the consideration set forth in Sections III my right to receive payments and IV aboveother benefits under Section 4(e)(iii) of my Employment Agreement, I, on behalf of myself and my heirs, administrators, executors, and assigns, I agree to fully and forever give up, release, remise, discharge and waive up all my My Claims against the Company for anything Employer and give up all other actions, causes of action, claims or administrative complaints that has occurred from I have against the beginning of time through the date I sign this Agreement, regardless of whether I am currently aware of such Claims or notEmployer. I have will not and will not, for myself or on behalf of any person, entity or government, bring any federal, state lawsuits or local lawsuit, complaint, grievance, or action, judicial or administrative, or make any other demands administrative claims against the Company based Employer relating to the claims that I have released nor will I allow any lawsuits or claims to be brought or continued on my Claimsbehalf or in my name. The money and other consideration I am receiving receive pursuant to Section 4(e)(iii) of my Employment Agreement is a full and fair payment for the release of My Claims and the Employer does not owe me anything further for My Claims. Separate from this agreement, I will also receive any compensation due me for the last pay period during which I was an employee of Employer and compensation for earned vacation pay. My rights to receive the other payments and benefits due under Section 4(e)(iii) of my Claims as outlined here. It is also my intention to release any right to recover damages under Title VIIEmployment Agreement shall be effective only after receipt by the Employer of this Release, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discriminationsigned by me and properly notarized, and all after the expiration of the seven (7) day revocation period mentioned in Section 5, below. I understand that I will not receive any payments due me under Section 4(e)(iii) of my Employment Agreement (other federalthan payment of the Accrued Obligations under clause (a)(i) thereof) if I revoke or rescind this Release, state and local civil rights or other statutesin any event, regulations, or ordinancesuntil after the seven (7) day revocation period has expired. In exchange for the consideration set forth above, I further agree that in to: A. Reimburse the event any person or entity should bring a charge, claim, complaint, or action on my behalf, I hereby waive and forfeit any right to recovery under said claim and will exercise every good faith effort (but will not be obliged to incur any expense) to have such claim dismissed. I agree to pay back all monies paid to me in accordance with this Agreement if I assert a Claim, file a complaint or charge with a government agency, or xxx the Company Employer for any Claimcost; loss; expense, except as may otherwise be prohibited including reasonable attorneys’ fees; awards or judgments resulting from my failure to perform my obligations under ADEA this Release or the OWBPA. Such repayment will be under my Employment Agreement or from any misstatement or omission I have made within thirty (30) days of my filing of a complaint, charge, or lawsuit. Nothing in this Agreement shall interfere with my right to initiateRelease; and B. Indemnify, cooperatedefend and save harmless the Employer from any costs, liability or participate inexpense, or receive payments in connection withincluding reasonable attorneys’ fees, an investigation or proceeding conducted by arising from the Securities and Exchange Commissiontaxation, Equal Employment Opportunity Commission or if any, of any other federal or state regulatory or law enforcement agency. However, the consideration provided to me in this Agreement shall be the sole relief provided to me for the Claims that are released amounts received by me hereinpursuant to this Release, and I will including but not be entitled to recover and agree to waive any monetary benefits or recovery against the Company in connection with such Claim without regard to who has brought such claim. Nothing in this Agreement shall limit or restrict my right under ADEA or the OWBPA to challenge the validity of this Agreement in a court of law. This Release does not apply limited to any rights I may have under workers’ compensation and unemployment compensation policies penalties or statutesadministrative expenses.

Appears in 1 contract

Samples: Employment Agreement (Red Robin Gourmet Burgers Inc)

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