Complete General Release of Claims. In consideration of the delivery of the payments and other benefits described in Section 2 of this Agreement, and other good and valuable consideration, Xxxxxxxx unconditionally and irrevocably discharges and releases the Released Parties (as defined below), jointly and severally, of and from all claims, causes of action, suits, charges, debts, dues, sums of money, attorneys’ fees and costs, accounts, bills, covenants, contracts, torts, agreements, expenses, wages, compensation, promises, damages, judgments, rights, demands, or otherwise (“Claims”), known or unknown, in law or equity, accrued or unaccrued, contingent or noncontingent, arising at any time up to and including the date Xxxxxxxx executes this Agreement, whether or not capable of proof as of the effective date of this Agreement, whether common law or statutory, whether or not now recognized, that Xxxxxxxx or anyone claiming by, through, or under him (including without limitation his heirs, executors, personal representatives, administrators, assigns, and spouse(s)) in any way might have, or could have, against any of the Released Parties. The Claims enumerated above (“Released Claims”) shall include without limitation, and only by way of example: (i) all Claims arising from or relating to Xxxxxxxx’ employment or positions with, or engagement by, any of the Released Parties, or the termination thereof; (ii) all Claims arising from or relating to any acquisition, ownership, or disposition of common stock or warrants to purchase common stock of the Company; (iii) all Claims of employment discrimination or harassment based upon any protected characteristic (such as age, race, color, sex, national origin, religion, and disability/handicap status) arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, 42 U.S.C. § 1981, the Louisiana Employment Discrimination Law, and any other similar federal, state or local laws; (iv) any and all Claims arising under the Employee Retirement Income Security Act of 1974, as amended, or any benefit plan, policy or program established by the Company; (v) any and all Claims under any federal, state or local law relating to the payment of wages or other compensation or the hours of work; (vi) any and all Claims under the Xxxxxxxx-Xxxxx Act or Louisiana Whistleblower Statute; (vii) any and all Claims for any compensation in any form whatsoever from the Company (other than as provided in this Agreement), including but not limited to any Claims for wages, bonuses, commissions, equity, vacation pay or other similar remuneration; (viii) any and all Claims arising under any contract or agreement, whether written or oral, between the Parties relating to any subject; (ix) any and all Claims arising under the common law of any jurisdiction, including, but not limited to, all claims for breach of contract, defamation, interference with contractual/prospective economic advantage, invasion of privacy, promissory estoppel, negligence, breach of the covenant of good faith and fair dealing, fraud, emotional distress, and wrongful discharge/termination; and (x) any and all Claims in any jurisdiction growing out of any legal restrictions, expressed or implied, on the Company’s right to terminate or control the employment of its employees. It is the intention of the Parties that the language relating to the description of Claims in this Section shall be given the broadest possible interpretation permitted by law.
Appears in 2 contracts
Samples: Termination of Consulting Agreement and General Release, Termination of Consulting Agreement and General Release (Westway Group, Inc.)
Complete General Release of Claims. In consideration of the delivery of the payments and other benefits described in Section 2 of this Agreement, and other good and valuable consideration, Xxxxxxxx Mackenzie unconditionally and irrevocably discharges and releases the Released Parties (as defined below), jointly and severally, of and from all claims, causes of action, suits, charges, debts, dues, sums of money, attorneys’ fees and costs, accounts, bills, covenants, contracts, torts, agreements, expenses, wages, compensation, promises, damages, judgments, rights, demands, or otherwise (“Claims”), known or unknown, in law or equity, accrued or unaccrued, contingent or noncontingent, arising at any time up to and including the date Xxxxxxxx Mackenzie executes this Agreement, whether or not capable of proof as of the effective date of this Agreement, whether common law or statutory, whether or not now recognized, that Xxxxxxxx Mackenzie or anyone claiming by, through, or under him (including without limitation his heirs, executors, personal representatives, administrators, assigns, and spouse(s)) in any way might have, or could have, against any of the Released Parties. The Claims enumerated above (“Released Claims”) shall include without limitation, and only by way of example:
(i) all Claims arising from or relating to XxxxxxxxMackenzie’ employment or positions with, or engagement by, any of the Released Parties, or the termination thereof;
(ii) all Claims arising from or relating to any acquisition, ownership, or disposition of common stock or warrants to purchase common stock of the Company;
(iii) all Claims of employment discrimination or harassment based upon any protected characteristic (such as age, race, color, sex, national origin, religion, and disability/handicap status) arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, 42 U.S.C. § 1981, the Louisiana any State or Washington Employment Discrimination Law, and any other similar federal, state or local laws;
(iv) any and all Claims arising under the Employee Retirement Income Security Act of 1974, as amended, or any benefit plan, policy or program established by the Company;
(v) any and all Claims under any federal, state or local law relating to the payment of wages or other compensation or the hours of work;
(vi) any and all Claims under the Xxxxxxxx-Xxxxx Act or Louisiana Washington Whistleblower Statute;
(vii) any and all Claims for any compensation in any form whatsoever from the Company (other than as provided in this Agreement), including but not limited to any Claims for wages, bonuses, commissions, equity, vacation pay or other similar remuneration;
(viii) any and all Claims arising under any contract or agreement, whether written or oral, between the Parties relating to any subject;
(ix) any and all Claims arising under the common law of any jurisdiction, including, but not limited to, all claims for breach of contract, defamation, interference with contractual/prospective economic advantage, invasion of privacy, promissory estoppel, negligence, breach of the covenant of good faith and fair dealing, fraud, emotional distress, and wrongful discharge/termination; and
(x) any and all Claims in any jurisdiction growing out of any legal restrictions, expressed or implied, on the Company’s right to terminate or control the employment of its employees. It is the intention of the Parties that the language relating to the description of Claims in this Section shall be given the broadest possible interpretation permitted by law.
Appears in 1 contract
Samples: Termination of Consulting Agreement and General Release (Integral Technologies Inc)
Complete General Release of Claims. In consideration of the delivery of the payments and other benefits described in Section 2 of this Agreement, and other good and valuable considerationconsideration to which you would not otherwise be entitled, Xxxxxxxx you unconditionally and irrevocably discharges discharge, release, and releases remise the Released Parties (as defined below), jointly and severally, of and from all claims, causes of action, suits, charges, debts, dues, sums of money, attorneys’ fees and costs, accounts, bills, covenants, contracts, torts, agreements, expenses, wages, compensation, promises, damages, judgments, rights, demands, or otherwise (“Claims”), known or unknown, in law or equity, accrued or unaccruedun-accrued, contingent or noncontingentnon-contingent, arising at any time up to and including the date Xxxxxxxx executes you execute this Agreement, whether or not capable of proof as of the effective date of this Agreement, whether common law or statutory, whether or not now recognized, that Xxxxxxxx you or anyone claiming by, through, or under him you (including without limitation his your heirs, executors, personal representatives, administrators, assigns, and spouse(s)) in any way might have, or could have, against any of the Released Parties. The Claims enumerated above (“Released Claims”) shall include include, without limitation, limitation and only by way of example:
(i) : all Claims arising from or relating to Xxxxxxxx’ your employment or positions with, or engagement by, other relationship with any of the Released Parties, or the termination thereof;
(ii) ; all Claims arising from or relating to any acquisition, ownership, or disposition of common stock or warrants to purchase common stock equity interests/awards in any of the Company;
(iii) Released Parties; all Claims under the Employment Agreement or any other agreements with any of employment the Released Parties; all Claims for discrimination or harassment based upon any protected characteristic (such as ageon sex, race, color, sexage, disability status, national origin, religion, and disability/handicap statusor any other protected characteristic, including (without limitation) arising Claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Civil Rights Act of 1866, the Civil Rights Act of 1991, the Rehabilitation Act, 42 U.S.C. § 1981the Virginia Human Rights Act, the Louisiana Employment Discrimination LawVirginians with Disabilities Act, and any other similar federal, all state or and local laws;
(iv) any and analogues of such statutes; all Claims arising under the Employee Retirement Income Security Act of 1974, as amendedthe Equal Pay Act, the Fair Credit Reporting Act, the Virginia genetic testing and nondiscrimination law (Va. Code Xxx § 40.1-28.7:1), the Virginia HIV/AIDS confidentiality law (Va. Code Xxx § 32.1-36.1), the Virginia equal pay law (Va. Code Xxx § 40.1-28.6), the Virginia statute on release of an employee's personal identifying information (Va. Code Xxx § 40.1-28.7:4)), and all other federal, state, and local statutes, rules, regulations, or any benefit plan, policy or program established by the Company;
(v) any ordinances; and all Claims under any federal, state or local common law relating to the payment of wages or other compensation or the hours of work;
(vi) any and all Claims under the Xxxxxxxx-Xxxxx Act or Louisiana Whistleblower Statute;
(vii) any and all Claims for any compensation in any form whatsoever from the Company (other than as provided in this Agreement)Claims, including but not limited to any (without limitation) Claims for wages, bonuses, commissions, equity, vacation pay or other similar remuneration;
(viii) any and all Claims arising under any contract or agreement, whether written or oral, between the Parties relating to any subject;
(ix) any and all Claims arising under the common law of any jurisdiction, including, but not limited to, all claims for breach of contract, defamation, interference with contractual/prospective economic advantagecontractual relations, invasion of privacy, promissory estoppel, negligence, breach of the covenant of good faith and fair dealing, fraud, infliction of emotional distress, and wrongful discharge/termination; and
(x) , punitive damages, and any and all other common law Claims in any jurisdiction growing out under the laws of any legal restrictions, expressed or implied, on the Company’s right to terminate or control the employment of its employeesjurisdiction. It is the intention of you and the Parties Company that the language relating to the description of Claims in this Section shall be given the broadest possible interpretation permitted by law. Nothing in this Section shall be construed to impair, limit, reduce, alter, or affect your rights or claims under this Agreement, any rights or claims that cannot be waived as a matter of law, and any rights to any vested benefits under any employee benefit plans, which rights remain subject to the terms of the applicable plan documents.
Appears in 1 contract
Samples: Separation Agreement (Diffusion Pharmaceuticals Inc.)