Agreements and Acknowledgment. In consideration of the additional ----------------------------- benefits provided in Section 3 above, and effective as of the Effective Time of the Merger, the Executive hereby releases and forever discharges Xxxxx and Xxxxxxxx-Xxxxx, their officers, directors, agents, and employees of and from all actions, causes of action, suits, debts, contracts, promises, damages, claims and demands, whether known or unknown, asserted or unasserted, including, without limitation, all rights or claims under the Age Discrimination in Employment Act, which he or his heirs or assignee, ever had, may have in the future, or now have, or which his heirs, executors, administrators and assigns hereafter can, shall or may have, against Xxxxx or Xxxxxxxx-Xxxxx, their officers, directors, agents and employees; provided, however, that nothing contained herein shall relieve Xxxxx or Xxxxxxxx-Xxxxx from any obligation under (i) this Agreement; (ii) any employee benefit plan, stock option plan or the like that the officer is a participant in or entitled to the benefits of; (iii) compensation for services previously provided; or (iv) the Other Agreements.
Agreements and Acknowledgment. Effective as of the Effective Time of the Merger, the Executive, for him and his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and Kimbxxxx-Xxxxx, xxd all subsidiary and/or affiliated companies and businesses thereof, as well as their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, whether known or unknown, asserted or unasserted, as a result of actions or omissions occurring through the date of this Agreement, including without limitation any and all claims of alleged employment discrimination, either as a result of the negotiated and specifically agreed to separation of the Executive's employment or otherwise, under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied. Nothing contained herein shall relieve the Company or Kimbxxxx-Xxxxx xxxm any obligation under this Agreement, any employee benefit plan in which the Executive is a participant or under which the Executive is entitled to benefits, the Other Agreements, or the Merger Agreement or the transactions contemplated thereby. Executive acknowledges that he is not entitled to severance or any similar arrangement under any other severance plan, program or arrangement maintained by the Company or Kimbxxxx-Xxxxx.
