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 (Express Scripts Holding Co.), www.sec.gov
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 Special Consideration to be paid by the Company and other undertakings of the Company stated in Sections III and IV abovethis Agreement, I, on behalf of myself and my heirs, administrators, executors, and assigns, I agree to fully give up and forever give up, release, remise, discharge and waive release all my of My Claims against the Company for anything as defined above. I understand and acknowledge that has occurred from the beginning Special Consideration is of time through significant value to me and that I am not entitled to the date Special Consideration described above unless I sign sign, and do not revoke, this Agreement. In exchange for this Special Consideration, regardless I give up all of whether My Claims against the Company. This means that except as provided below, I am currently aware of such Claims or not. I have will 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, lawsuits against the Company or make any other demands against the Company based on my for compensation or damages relating to My Claims. For the purpose of implementing a full and complete release and discharge of all claims, this Agreement is intended to include, without limitation, all claims which I may have against the Company but do not know or suspect to exist in my favor at the time of execution of this Agreement which, if known or suspected, would materially affect my decision to execute the Agreement. In exchange for my agreement to release My Claims, I am receiving satisfactory consideration (i.e. monetary and other compensation) from the Company to which I am not otherwise entitled by law, contract, or under any Company policy. The consideration Special Consideration I am receiving is a full and fair payment for the release of my Claims as outlined hereall My Claims. It is also my intention The Company has made no representations or warranties to release any right to recover damages me regarding the tax treatment of the payments provided under Title VIIthis Agreement. I understand that I am solely responsible for all federal, ADEA, the OWBPA, the ADA, the Missouri Laws Against Discriminationstate, and all local income and any other federaltaxes that may be due on account of these payments. The Company has advised me that it intends that the benefits provided under this Agreement be exempt from the requirements of Section 409A of the Code by reason of the separation pay exception under Treas. Reg. Sec. 1.409A-1(b)(9), state and local civil rights or other statutes, regulations, or ordinancesthat the short term deferral exception under Treas. In exchange for the consideration set forth above, Reg. Sec. 1-409A-1(b)(4) and this Agreement will be construed and administered in a manner that is consistent with and gives effect to such intention. I further understand and agree that in the event any person or entity should bring a chargewith respect to payments under this Agreement, claimfor purposes of Section 409A, 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 each severance payment will be made within thirty (30) days of my filing considered one 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 series 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 statutesseparate payments.
Appears in 1 contract
Samples: Separation Agreement and Release of Claims (Ev3 Inc.)
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 Effective Date (as defined in Section XVI of 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 1 contract
Samples: Transition and Release Agreement (Express Scripts Holding Co.)