Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and any related companies, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee may have under Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation and Release Agreement (Nii Holdings Inc)
Complete Release. In exchange consideration for and expressly conditioned on the consideration set forth hereinreceipt of payment of the Severance Payment, Employee Xxxxx hereby knowingly and voluntarily releases and forever discharges NII and any related companiesthe Company, including, without limitation, their affiliates, former and current together with the employees, officerspartners, agents, directors, shareholdersofficers, investorscontractors, attorneys, successors insurers and assigns or attorneys of any of them them, (the “Released Parties”"Releasees") from any and all liabilities, claims, claims or demands, rights of action whether known or causes of action Employee hadunknown, has and whether asserted on an individual or class basis, which Xxxxx has, may have, or may claim to have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employmentthem. This complete release of all claims includes but is not limited to a complete release of any rights claims (including claims for attorneys' fees) Xxxxx has, may have, or may claim to have based on Xxxxx'x employment with Company or separation from that employment, as well as any claims Employee may have under arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, housing costs, costs relating to relocation and the purchase or sale of housing, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, color, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men the Employee Retirement Income Security Act, the Family and women unequal pay for equal work; Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act ("OWBPA"), the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act and/or their state law or local law equivalents. Xxxxx specifically waives any entitlement to any bonus, equity plan or other compensation not specifically set forth in this Separation Agreement. Xxxxx represents that he has not assigned to any other person any of such claims and that Xxxxx has the full right to grant this release. Notwithstanding any other provision herein, Xxxxx is not waiving any claims that may arise under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which after this Separation Agreement is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; executed or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any future claims for wrongful discharge or breach of contract under based on the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as provisions set forth in this Agreement or the Second Separation Agreement; (2) . This Separation Agreement shall not modify, expand or reduce any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release obligation of all the Company to indemnify Xxxxx from any claims to benefits under arising out of the Severance Plan); (3) performance of Xxxxx'x services as an employee or officer of the right to continuation in NII’s medical plans Company as provided by COBRA; applicable law and in accordance with the Company's by-laws. Nothing herein is intended to expand, reduce or limit the Company's obligations to provide the benefit of insurance coverage maintained by the Company (4including D&O coverage) for Xxxxx in connection with claims based on actions or omissions of Xxxxx during the period of Xxxxx'x employment with the Company. Excluded from this release are a) any claims for unemployment compensation or workers compensation benefits or other rights arising under the terms of this Agreement; and b) any claims that may not be released as a matter of waived by law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation Agreement (Flextronics International Ltd.)
Complete Release. In exchange for the consideration set forth hereinExecutive agrees to release EDS from all claims or demands Executive may have against EDS, Employee hereby knowingly and voluntarily releases and forever discharges NII including, but not limited to, any claims related to Executive’s employment with EDS or separation from that employment and any related companies, includingclaims for attorney’s fees and costs. This Agreement includes, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee Executive may have for monetary or other personal relief under the Age Discrimination in Employment Act, as amended, which prohibits age discrimination in employment (other than a claim challenging the validity of the waiver of claims under the Age Discrimination in Employment Act); Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, as amended, which prohibits discrimination against otherwise qualified disabled individualsindividuals with disabilities; the Virginia Human Rights Fair Labor Standards Act, as amended, which is a state statue prohibiting, among other things, employment discriminationregulates matters regarding compensation; the Fairfax County Human Rights OrdinanceFamily and Medical Leave Act, as amended, which is a local ordinance prohibiting, among other things, employment discriminationregulates matters regarding certain types of leaves; or any other federal, state or local laws or regulations prohibiting that in any way relate to the employment discriminationof individuals and/or prohibit employment discrimination of any form. This Agreement also includes but is not limited to includes, without limitation, a release by Employee Executive of any claims for related or unrelated wrongful discharge or breach of contract under the Severance Planclaims, contractual claims, tort claims or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Partiesactions. This release Agreement covers both claims that Employee Executive knows about and those that Employee he/she may not know about. Notwithstanding the foregoing, neither party is releasing Executive expressly waives any right to enforce assert after signing this Agreement that any claim, demand, obligation, or cause of action has through ignorance, oversight, or for any other reason, been omitted from the scope of Subsection 5 of Section III of this Agreement. Executive further promises never to file a lawsuit, and Employee is not releasing: (1) demand, action or otherwise assert any claims for payments and benefits as set forth that are released in Subsection 5 of Section III of this Agreement or (other than a claim filed solely for the Second Separation Agreement; (2) any vested qualified retirement benefits purpose of challenging the validity of the waiver of claims under NII’s ERISA plan (although it the Age Discrimination in Employment Act). This Agreement does not include a release of all claims (i) Executive’s right, if any, to benefits Executive may be entitled to under any EDS plan qualified under Section 401(a) of the Severance Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan); , and COBRA benefits pursuant to Internal Revenue Code section 4980B, (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7ii) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or claims Executive may have under the Director and Officer Indemnification Agreement between Age Discrimination in Employment Act which arise after the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing date Executive signs this Agreement, he is signing and agreeing (iii) any rights pursuant to this releaseAgreement, (iv) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan (“SERP”), (v) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Executive Deferral Plan, (vi) any rights pursuant to any indemnification agreements between Executive and EDS, (vii) Executive’s right, if any, to benefits Executive may be entitled to under any applicable directors and officers or other liability insurance policies, or (viii) Executive’s right, if any, to pay or benefits pursuant to Executive’s February, 2007, Change of Control Employment Agreement as a result of a termination or resignation in anticipation of a Change of Control as provided in Section 3(C) of such change of Control Employment Agreement, provided, however, the pay and/or benefits to which Executive would otherwise be eligible to receive as a result of a termination or resignation in anticipation of a Change of Control under Section 3(C) of his/her Change of Control Employment Agreement shall be reduced by the pay and benefits, if any, provided to Executive pursuant to this Agreement.
Appears in 1 contract
Samples: Executive Severance Benefit Agreement (Electronic Data Systems Corp /De/)
Complete Release. In exchange for the consideration set forth hereinExecutive agrees to release EDS from all claims or demands Executive may have against EDS, Employee hereby knowingly and voluntarily releases and forever discharges NII including, but not limited to, any claims related to Executive’s employment with EDS or separation from that employment and any related companies, includingclaims for attorney’s fees and costs. This Agreement includes, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee Executive may have for monetary or other personal relief under the Age Discrimination in Employment Act, as amended, which prohibits age discrimination in employment (other than a claim challenging the validity of the waiver of claims under the Age Discrimination in Employment Act); Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, as amended, which prohibits discrimination against otherwise qualified disabled individualsindividuals with disabilities; the Virginia Human Rights Fair Labor Standards Act, as amended, which is a state statue prohibiting, among other things, employment discriminationregulates matters regarding compensation; the Fairfax County Human Rights OrdinanceFamily and Medical Leave Act, as amended, which is a local ordinance prohibiting, among other things, employment discriminationregulates matters regarding certain types of leaves; or any other federal, state or local laws or regulations prohibiting that in any way relate to the employment discriminationof individuals and/or prohibit employment discrimination of any form. This Agreement also includes but is not limited to includes, without limitation, a release by Employee Executive of any claims for related or unrelated wrongful discharge or breach of contract under the Severance Planclaims, contractual claims, tort claims or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Partiesactions. This release Agreement covers both claims that Employee Executive knows about and those that Employee he/she may not know about. Notwithstanding the foregoing, neither party is releasing Executive expressly waives any right to enforce assert after signing this Agreement that any claim, demand, obligation, or cause of action has through ignorance, oversight, or for any other reason, been omitted from the scope of Subsection 5 of Section III of this Agreement. Executive further promises never to file a lawsuit, and Employee is not releasing: (1) demand, action or otherwise assert any claims for payments and benefits as set forth that are released in Subsection 5 of Section III of this Agreement or (other than a claim filed solely for the Second Separation Agreement; (2) any vested qualified retirement benefits purpose of challenging the validity of the waiver of claims under NII’s ERISA plan (although it the Age Discrimination in Employment Act). This Agreement does not include a release of all claims (i) Executive’s right, if any, to benefits Executive may be entitled to under any EDS plan qualified under Section 401(a) of the Severance Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan); , and COBRA benefits pursuant to Internal Revenue Code section 4980B, (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7ii) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or claims Executive may have under the Director and Officer Indemnification Agreement between Age Discrimination in Employment Act which arise after the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing date Executive signs this Agreement, he is signing and agreeing (iii) any rights pursuant to this releaseAgreement, (iv) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Benefit Restoration Plan, (v) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Executive Deferral Plan, (vi) any rights pursuant to any indemnification agreements between Executive and EDS, (vii) Executive’s right, if any, to benefits Executive may be entitled to under any applicable directors and officers or other liability insurance policies, or (viii) Executive’s right, if any, to pay or benefits pursuant to Executive’s February, 2007, Change of Control Employment Agreement as a result of a termination or resignation in anticipation of a Change of Control as provided in Section 3(C) of such change of Control Employment Agreement, provided, however, the pay and/or benefits to which Executive would otherwise be eligible to receive as a result of a termination or resignation in anticipation of a Change of Control under Section 3(C) of his/her Change of Control Employment Agreement shall be reduced by the pay and benefits, if any, provided to Executive pursuant to this Agreement.
Appears in 1 contract
Samples: Executive Severance Benefit Agreement (Electronic Data Systems Corp /De/)
Complete Release. In exchange Xxxxx does hereby, and for the consideration set forth hereinhis heirs, Employee hereby knowingly representatives, successors, and voluntarily releases assigns, release, acquit, and forever discharges NII discharge the Company and any related companiesthe Company's owners, includingstockholders, without limitationpredecessors, their affiliatessuccessors, former and current employees, officersassigns, agents, directors, shareholdersofficers, investorsemployees, representatives, attorneys, successors subsidiaries, affiliates (and assigns agents, directors, officers, employees, representatives and attorneys of such subsidiaries and affiliates) and all persons acting by, through, under or in concert with any of them (the “Released Parties”) them, from any and all liabilitiescharges, complaints, claims, liabilities, obligations, promises, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands, rights of action any nature whatsoever, known or causes unknown, suspected or unsuspected, from the beginning of action Employee had, has time to the date of execution hereof (hereinafter "Claim" or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment"Claims"). This release of Claims includes but is not limited to a release of any rights or claims Employee Xxxxx may have under the Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on the basis of race, color, religion, creed, national origin, religion origin or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federallocal, state state, or local laws federal law or regulations regulation, including, but not limited to, such local, state, or federal law or regulation prohibiting employment discrimination. This release of Claims also includes but is not limited to a release by Employee Xxxxx of any claims for wrongful discharge termination of employment, intentional or breach negligent infliction of contract under the Severance Planemotional distress, fraud, or any other statutoryclaims based upon any local, state, or federal common law, tort statute, or contract claim that other basis for liability, except for claims under the California Workers Compensation Act, the California Unemployment Insurance Compensation Act, the Occupational Safety and Health Act, Social Security, the Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this AgreementRetirement Income Security Act, and Employee is not releasing: (1) any other claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may which cannot be released waived as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; law or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015public policy. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.Initial /s/ GEC______ Date 12/8/2004_____
Appears in 1 contract
Samples: Settlement Agreement (21st Century Insurance Group)
Complete Release. In exchange for the consideration set forth hereinI unconditionally and irrevocably release Charter, Employee hereby knowingly its current and voluntarily releases and forever discharges NII and any related companiesformer parents, including, without limitation, their affiliates, former and current employees, officers, agents, directorsplans, shareholders, investorssubsidiaries, attorneysand affiliates, successors and assigns their respective current or any of them (the “Released Parties”) former employees, directors and agents and related parties from all liabilities, known or unknown claims, demandslawsuits and causes of action, rights if any, that I presently could have for any event that has occurred prior to my signing this Agreement, from any claims, lawsuits and causes of action arising out of or relating to my employment with Charter Communications or my separation from employment, from any claims or rights I may have to severance under the Charter Communications Special One-Time Severance Plan or otherwise, from any claims, lawsuits or causes of action Employee hadin any way arising out of or based upon any decision, has promise, agreement, policy, practice, act or conduct prior to this date of any person or entity I am releasing, or based upon the negotiation and execution of this Settlement Agreement And Release, and from any rights, lawsuits, causes of action or claims arising out of or based upon any facts occurring prior to the date I sign this Agreement. I understand that this means that I am releasing Charter and such other persons and entities from and may have not bring claims against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee may have them under (a) Title VII of the Civil Rights Act of 19641964 or Sections 1981 and 1983 of the Civil Rights Act of 1866, which prohibits prohibit discrimination in employment based on race, color, national origin, religion ancestry, religion, or sex; (b) the Age Discrimination in Employment Act, which prohibits discrimination based on age; (c) the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; (d) the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; (e) the WARN Act, which requires that advance notice be given of certain workforce reductions; (f) the Employee Retirement Income Security Act, which among other things, protects employee benefits; (g) the Fair Labor Standards Act of 1938, which regulates wage and hour matters; (h) the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; (i) the Xxxxxxxx-Xxxxx Act of 2002, which, among other things, provides Whistleblower protection or any other federal or state law, regulation, or executive order prohibiting discrimination or retaliation; (j) any of the laws of the State of Missouri or any political subdivision of any such State; or (k) any other law prohibiting retaliation based on exercise of my rights under any law, providing whistleblowers protection, providing workers' compensation benefits, protecting union activity, mandating leaves of absence, prohibiting discrimination based on veteran status or military service, restricting an employer's right to terminate employees or otherwise regulating employment, enforcing express or implied employment contracts, requiring an employer to deal with employees fairly or in good faith, providing recourse for alleged wrongful discharge, tort, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, and similar or related claims, and any other law relating to salary, commission, compensation, benefits, and other matters. I specifically represent that I have not been treated adversely on account of age, gender or other legally protected classification, nor have I otherwise been treated wrongfully in connection with my employment with the Company or my separation from employment and that I have no basis for a claim under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations applicable law prohibiting employment discriminationor other discrimination or retaliation. This also includes but is I agree that I am not limited eligible for severance under any severance plan, program, policy or arrangement of Charter or any of its subsidiaries or affiliates and I specifically waive any right I may have to a release by Employee of receive benefits under any such severance plan, program, policy or arrangement. I acknowledge that the Company relied on the representations and promises in this Agreement in agreeing to pay me the benefits described in subsection (a). I understand that I am releasing claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim events that Employee had, has or may have against any of the Released Parties. This release covers both claims occurred prior to my signing this Agreement that Employee knows about and those that Employee I may not know about. Notwithstanding This release does not include claims arising after the foregoing, neither party is releasing any right to enforce date I sign this Agreement, and Employee is not releasing: (1) or any pending claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits that have already been filed or other rights for on-the-job injuries that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releasehave already been reported.
Appears in 1 contract
Samples: Separation Agreement (Charter Communications Inc /Mo/)
Complete Release. In exchange consideration for the consideration set forth hereinpayments and benefits described in Sections 1 and 2 of this Separation Agreement, Employee Executive and each of Executive’s heirs, executors, representatives, administrators, agents, and assigns (collectively, the “Releasor”) hereby knowingly forever and voluntarily unconditionally releases and forever discharges NII and any related companiesthe Company, includingtogether with its employees, without limitationpartners, their affiliatesagents, former and current employeesshareholders, directors, officers, agentscontractors, directors, shareholders, investors, attorneys, successors insurers and assigns or attorneys of any of them them, (collectively, the “Released PartiesReleasors”) from any and all liabilities, claims, claims or demands, rights whether known or unknown, and whether asserted on an individual or class basis, which any of action or causes of action Employee hadthe Releasors has, has may have, or may claim to have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employmentthem. This complete release of all claims includes but is not limited to a complete release of any rights claims (including claims for attorneys’ fees) each Releasor has, may have, or may claim to have based on Executive’s employment with the Company or transition or separation from that employment, as well as any claims Employee may have under arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, housing costs, costs relating to relocation and the purchase or sale of housing, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, color, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men the Employee Retirement Income Security Act, the Family and women unequal pay Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act and/or their state law or local law equivalents. Executive specifically waives any entitlement to any bonus, equity plan or other compensation not specifically set forth in this Separation Agreement. Executive represents that he has not assigned to any other person any of such claims and that Executive has the full right to grant this release. Notwithstanding any other provision herein, Executive is not waiving any claims, including under the Age Discrimination in Employment Act, that may arise after this Separation Agreement is executed nor any claims relating to the enforcement of this Separation Agreement. Excluded from this release are a) any claims arising under the terms of this Separation Agreement by Executive; b) any indemnification claims arising under the Company’s directors’ and officers’ liability insurance or bylaws or this Separation Agreement (including the Indemnification Agreements, as described below); and c) any claims that may not be waived by INITIALS: MM PB 12/24/2018. 2018 law, such as claims for equal work; workers’ compensation benefits, unemployment insurance benefits, challenges to the validity of Executive’s release of claims under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Actas amended, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under , and the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge of discrimination with, or participate in an investigation conducted by, an administrative agency. Executive is waiving, however, the right to any monetary recovery or other relief in connection with filing such a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation Agreement (Flex Ltd.)
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and the Company, any related companies, including, without limitation, their affiliates, and the former and current employees, officers, agents, directors, shareholders, investors, attorneys, affiliates, successors and assigns or of any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to to, any claims or demands based upon or relating to Employee’s employment with NII the Company or the termination cessation of that employment. This includes includes, but is not limited to to, a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Family and Medical Leave Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discriminationdiscrimination or retaliation. This also includes includes, but is not limited to to, a release by Employee of any claims for wrongful discharge or discharge, breach of contract under the Severance Plancontract, or any other statutory, common law, tort tort, contract, or contract negligence claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that claims Employee may not know about. Notwithstanding the foregoingEmployee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. Neither this Section, neither party is releasing nor any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth other Section in this Agreement or the Second Separation Employment Agreement; , waives or releases (2i) any Employee’s right, if any, to payment of vested qualified retirement benefits under NIIthe Company’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan)plans; (3ii) the right right, if any, to continuation in NIIthe Company’s medical plans as provided by COBRA; (4iii) the right to bring any claims under the ADEA which arise after the date that Employee executes this Agreement, provided, however, that Employee acknowledges that the decision to cease Employee’s employment with the Company occurred prior to Employee’s execution of this Agreement; (iv) Employee’s eligibility, if any, for unemployment compensation indemnification and/or advancement of expenses in accordance with any applicable Company Bylaws, if any; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or workers compensation benefits policies of the Company and its subsidiaries and affiliates; or (vi) Employee’s rights under this Agreement. Nothing in this Section 5, nor any other provision of this Agreement, waives or affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate as a witness in, an investigation undertaken or a proceeding initiated by the EEOC. However, Employee waives Employee’s right to monetary or other recovery, including attorney’s fees, should Employee or any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of Employee’s employment or the conclusion of Employee’s employment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not be released waive as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Executive Employment Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and any related companies, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee may have under Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or discharge, breach of contract contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (32) the right to continuation in NII’s medical plans as provided by COBRA; (43) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (54) any claims solely relating the validity of this general release under the ADEA, as amended; (65) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (76) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation and Release Agreement (Nii Holdings Inc)
Complete Release. In exchange consideration of the promises contained herein and in the attached Memorandum of Agreement which is incorporated herein by reference, and for other good and valuable consideration the consideration set forth hereinreceipt of which is hereby acknowledged, Employee Mx. Xxxxxxx does hereby knowingly acknowledge full and voluntarily releases complete satisfaction of and forever discharges NII does hereby agree to release, absolve and any discharge Northrop Grumman, its subsidiaries, affiliated and related companies, includingpast, without limitationpresent and future, and each of them, as well as its and their affiliates, former and current employees, officers, agents, directors, shareholdersand agents (collectively referred to hereafter as "Releases"), investorspast and present, attorneysand each of them, successors and assigns or any of them (the “Released Parties”) from all liabilitiesclaims, claimscauses of action, demands, rights of action damages or causes of action Employee had, has or costs he may have against any Releasees on behalf of the Released Parties, including but not limited to any claims himself or demands based upon others arising out of or relating to Employee’s his employment with NII Northrop Grumman or the termination of that such employment. .
2.1 This includes waiver and release includes, but is not limited to a release to, any rights, claims, causes of any rights action, demands, damages or claims Employee may have costs arising under the Age Discrimination in Employment Act, which prohibits discrimination in employment based on age; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex or national origin, religion or sex; the Equal Pay California Fair Employment and Housing Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employmentemployment based on race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, in employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discriminationbased on disability; or any other federal, state or local laws or regulations prohibiting employment discriminationdiscrimination or retaliation whether such claim be based upon an action filed by Mx. Xxxxxxx or by a governmental agency.
2.2 This waiver and release also includes includes, but is not limited to, any rights, claims, causes of action, demands, damages or costs arising under or in relation to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance PlanNorthrop Grumman's employee handbook and personnel policies, or any other statutoryoral or written representations or statements made by officers, common lawdirectors, tort lawyers, employees or contract agents of Northrop Grumman, past and present, and each of them, or under any state or federal law regulating wage, hours, compensation or employment, or any claim that Employee hadfor severance benefits under any Company severance plan, has or may have against any claim for retaliation, wrongful discharge, breach of contract, breach of the Released Parties. implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, intentional or negligent misrepresentation, or defamation.
2.3 This waiver and release also includes, but is not limited to, any rights, claims, causes of action, demands or costs arising under the federal False Claims Act.
2.4 This release covers both claims that Employee Mx. Xxxxxxx knows about and those that Employee he may not know about. Mx. Xxxxxxx hereby specifically waives and relinquishes all rights and benefits provided by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance of this specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
2.5 Notwithstanding the foregoingprovisions of Section 1542 and for the purpose of implementing a full and complete release, neither party Mx. Xxxxxxx expressly acknowledges that this Agreement is releasing any right intended to enforce this include all claims which he does not know or suspect to exist in his favor at the time of his signature of the Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as extinguish any such claims.
2.6 Notwithstanding anything to the exclusive remedy and full settlement of all such contrary herein, this Agreement does not waive or release:
(i) any rights or claims by Employee for money damageswhich Mx. Employee hereby acknowledges and agrees that this release is a general release and that by signing Xxxxxxx may have under the Age Discrimination in Employment Act which arise after the date he signs this Agreement; (ii) any rights or claims which Mx. Xxxxxxx may have for employee benefits pursuant to the terms of any of Northrop Grumman's retirement plans, he is signing and agreeing to the Northrop Grumman Savings Plan, or any Northrop Grumman employee welfare benefit plan providing medical, surgical or hospital benefits; or (iii) any rights or claims Mx. Xxxxxxx may have for breach of this releaseAgreement.
Appears in 1 contract
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and any related companies, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee may have under Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or discharge, breach of contract contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (32) the right to continuation in NII’s medical plans as provided by COBRA; (43) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (54) any claims solely relating the validity of this general release under the ADEA, as amended; (65) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Act, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”); or (76) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agencies. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on which any third party or governmental entity could assert such a claim. Employee further represents and warrants that he/she has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he/she has been paid all compensation due and owing from NII as a result of Employee’s work, that he/she has received all rights to which Employee is entitled under the Family and Medical Leave Act, and that he/she is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation and Release Agreement (Nii Holdings Inc)
Complete Release. In exchange Employee states clearly and without any reservation that his/her entering into this Retirement Incentive Agreement is done voluntarily and for the consideration set forth hereinpurpose of taking advantage of the Retirement Incentive Program offered by the College. Employee further acknowledges that no person, organization, employee, officer, or agent of the College has suggested or otherwise attempted to cause, force, or coerce the Employee hereby knowingly to involuntarily take advantage of the Retirement Incentive Program and voluntarily releases to terminate the Employee's employment with the College. Employee agrees to release the College and forever discharges NII the employees and any related companies, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) trustees from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands Employee may have based upon or relating to on Employee’s 's employment with NII the College or the termination of that employment. This includes includes, but is not limited to to, a release of any rights right or claims Employee may have under the Age Discrimination in Employment Act, or The Older Workers Benefit Protection Act, both of which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Partiesdischarge. This release covers both claims that Employee knows about and those that Employee he/she may not know about. Notwithstanding If an interpretation by the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: EEOC (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; ) or (7) any rights a court of law determines, subsequent to indemnification pursuant to NII’s or any successor company’s Certificate the effective date of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing that the Employee had or may have had (prior to the date of this releaseagreement) rights greater or different than those provided through the employment relationship or this retirement incentive agreement such claims are forever waived by the Employee. This release does not include, however, a release of Employee's right, if any, to pension, retiree health or similar benefits under the College's standard retirement program.
Appears in 1 contract
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and PRA, any related companies, including, without limitation, their affiliates, and the former and current employees, officers, agents, directors, shareholders, investors, attorneys, affiliates, successors and assigns or of any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released PartiesParties through the date this Agreement is executed including, including but not limited to to, any claims or demands based upon or relating to Employee’s employment with NII or PRA, the termination cessation of that employment, and the terms and conditions of the Employment Agreement. This includes The release provided for under this Paragraph 3 includes, but is not limited to to, a release of any rights or claims Employee may have under Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employmenton the basis of age; the Americans with Disabilities Act, as amended, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Family and Medical Leave Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discriminationinvolving employment. This release also includes includes, but is not limited to to, a release by Employee of any claims against the Released Parties for wrongful discharge or discharge, breach of contract under the Severance Plancontract, or any other statutory, common law, tort tort, contract, or contract negligence claim that Employee had, has or may have against any of the Released PartiesParties through the date this Agreement is executed. This release covers both claims that Employee knows about and those that Employee claims he may not know about. Notwithstanding about that occurred prior to the foregoing, neither party is releasing any right to enforce execution of this Agreement. This release does not include, and Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include however, a release of all claims rights, if any, to payment of vested benefits under the Severance Plan); (3) PRA’s ERISA employee benefit plans or the right right, if any, to continuation in NIIthe PRA’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director . The Parties acknowledge and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees agree that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and it is to be broadly construed as a release by Employee of all claims; provided that notwithstanding the foregoing, this Agreement shall not be construed to prohibit the exercise of any rights by signing either party that such party may not waive or release as a matter of law or under applicable public policy. Employee further acknowledges and agrees that he has been paid and/or received all compensation, commissions, wages, bonuses and/or benefits to which he is entitled except as provided for in this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Complete Release. (a) In exchange for consideration of the consideration set forth hereinpayments and benefits received hereunder, Employee hereby knowingly agrees to release and voluntarily releases waive all claims he may have against the Company. Employee's release includes all claims that are related to (i) Employee's employment with the Company; (ii) the voluntary or involuntary separation from that employment; (iii) the design or administration of any employee benefit program; (iv) any rights Employee has to severance or similar benefits under any program, policy or procedure of the Company other than the payments recited in Section 2 or 3 of this Release; (v) any rights Employee may have to the continued receipt of benefits, other than as recited in Sections 2 and forever discharges NII 3 of this Release; and (vi) any related companiesother claims or demands Employee may have which arise under any contract or law or on any other basis, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any to, claims or demands based upon under any severance plan or relating to Employee’s employment with NII 's Employment Agreement, or the termination of that employmentany other agreement. This includes but is release does not limited give up Employee's rights to a release of continued health insurance under COBRA as set forth above.
(b) Employee also releases any rights or claims Employee he may have under the Americans with Disabilities Act, which prohibits employers from discriminating against any qualified individual with a disability; Age Discrimination in Employment Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Older Workers' Benefit Protection Act, which prohibits discrimination against otherwise qualified disabled individualsin employee benefits; the Virginia Human Rights Actstate laws, which is a state statue prohibitingprohibit discrimination in employment based on, among other thingsinter alia, employment discriminationrace, color, religion, age, national origin, handicap, sex, or ancestry; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited , restricting an employer's right to a release by Employee of terminate employees, or otherwise regulating employment; any claims for wrongful discharge and all claims for alleged physical or breach of contract personal injury, or emotional distress; any claims under the Severance Plan, Worker Adjustment and Retraining Act or any other statutory, common similar law, tort which requires, among other things, that advance notice be given of certain work force reductions; and all claims under the Employee Retirement Income Security Act, such as claims relating to pension or contract claim that Employee had, has or may have against any of the Released Partieshealth plan benefits. This release covers both claims that Employee knows about and those that Employee he may not know about. Notwithstanding Employee expressly waives all rights affordwolffed him by any statute that limits the foregoing, neither party is releasing any right effect of a release with respect to enforce this Agreement, unknown claims to the maximum extent such statutes permit such waiver. This release and waiver by the Employee is not releasing: on behalf of the Employee and his spouse (1if any) any claims for payments and benefits as set forth in this Agreement child or the Second Separation Agreement; children (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Planif any); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporationheirs, Delaware General Corporation Law or the Director beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releaseassigns.
Appears in 1 contract
Samples: Release and Waiver of Employment Claims (Danielson Holding Corp)
Complete Release. In exchange for consideration of the consideration set forth severance benefits provided herein, Employee Xx. Xxxxxx does hereby knowingly acknowledge full and voluntarily releases complete satisfaction of and forever discharges NII does hereby agree to release, absolve and any discharge the Company, its subsidiary, affiliated and related companies, includingpast, without limitationpresent and future, and each of them, as well as its and their affiliates, former and current employees, officers, directors and agents, directorspast and present, shareholders, investors, attorneys, successors and assigns or any each of them (the “Released Parties”) collectively referred to as "Releasees"), from all liabilitiesclaims, claimscauses of action, demands, rights of action damages or causes of action Employee had, has or costs he may have against any Releasees on behalf of the Released Parties, including but not limited to any claims himself or demands based upon others arising out of or relating to Employee’s his employment with NII the Company or the termination of that such employment. .
10.1 This includes waiver and release includes, but is not limited to a release to, any rights, claims, causes of any rights actions, demands, damages or claims Employee may have costs arising under the Age Discrimination in Employment Act, which prohibits discrimination in employment based on age, and retaliation; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex or national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employmentretaliation; the Americans with With Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Actin employment based on disability, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discriminationand retaliation; or any other federal, state or local laws or regulations prohibiting which prohibits employment discriminationdiscrimination or retaliation whether such claim is based on an action filed by Xx. Xxxxxx or by any governmental agency.
10.2 This waiver and release also includes includes, but is not limited to, any rights, claims, causes of action, demands, damages or costs arising under or in relation to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance PlanCompany's employee handbook and personnel policies, or any other statutoryoral or written representations or statements made by officers, common lawdirectors, tort lawyers, employees or contract claim that Employee had, has or may have against any agents of the Released Parties. Company, past and present, and each of them, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for retaliation, wrongful discharge, breach of contract, breach of the implied covenant of good faith and fair dealing, constructive discharge, intentional or negligent infliction of emotional distress, intentional or negligent misrepresentation, or defamation.
10.3 This waiver and release also includes, but is not limited to, any rights, claims, causes of action, demands, damages or costs arising under or in relation to any severance plan, program or arrangement.
10.4 This waiver and release also includes, but is not limited to, any rights, claims, causes of action, demands, damages or costs arising under the Federal False Claims Act.
10.5 This release covers both claims that Employee Xx. Xxxxxx knows about and those that Employee he may not know about. Notwithstanding Xx. Xxxxxx expressly acknowledges that this Agreement is intended to include all claims which he does not know or suspect to exist in his favor at the foregoing, neither party is releasing any right to enforce time of his signature on this Agreement, and Employee is this Agreement will extinguish such claims.
10.6 Notwithstanding anything to the contrary herein, this Agreement does not releasing: waive or release (1i) any rights or claims which Xx. Xxxxxx may have under the Age Discrimination in Employment Act or other laws which arise after the date on which he signs this Agreement; (ii) any claims Xx. Xxxxxx may have for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity CommissionNorthrop Grumman employee benefit plan; or (7iii) any rights to indemnification pursuant to NII’s or any successor company’s Certificate claims Xx. Xxxxxx may have for breach of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII and any related companies, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII NII, for or by reason of any cause, matter, thing, occurrence, or event whatsoever from the termination date of Employee’s birth to the date that employmentEmployee has signed this Agreement. This includes but is not limited to a release of any rights or claims Employee may have under Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or discharge, breach of contract contract, under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing any future claims arising after Employee signs this Agreement. Further, Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (32) the right to continuation in NII’s medical plans as provided by COBRA; (43) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (54) any claims solely relating to the validity of this general release under the ADEA, as amended; (65) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Act, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”); or (76) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such released claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Nothing contained in this Agreement shall limit or restrict the Employee’s ability or right to report securities law violations to the Securities and Exchange Commission and other federal agencies without NII’s prior approval and without having to forfeit any resulting whistleblower award, if applicable. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on which any third party or governmental entity could assert such a claim. Employee further represents and warrants that he has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he has been paid all compensation due and owing from NII as a result of Employee’s work, that he has received all rights to which Employee is entitled under the Family and Medical Leave Act, and that he is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Retention and Severance Agreement (Nii Holdings Inc)
Complete Release. In exchange for the consideration set forth hereinExecutive agrees to release EDS from all claims or demands Executive may have against EDS, Employee hereby knowingly and voluntarily releases and forever discharges NII including, but not limited to, any claims related to Executive’s employment with EDS or separation from that employment and any related companies, includingclaims for attorney’s fees and costs. This Agreement includes, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee Executive may have for monetary or other personal relief under the Age Discrimination in Employment Act, as amended, which prohibits age discrimination in employment (other than a claim challenging the validity of the waiver of claims under the Age Discrimination in Employment Act); Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, as amended, which prohibits discrimination against otherwise qualified disabled individualsindividuals with disabilities; the Virginia Human Rights Fair Labor Standards Act, as amended, which is a state statue prohibiting, among other things, employment discriminationregulates matters regarding compensation; the Fairfax County Human Rights OrdinanceFamily and Medical Leave Act, as amended, which is a local ordinance prohibiting, among other things, employment discriminationregulates matters regarding certain types of leaves; or any other federal, state or local laws or regulations prohibiting that in any way relate to the employment discriminationof individuals and/or prohibit employment discrimination of any form. This Agreement also includes but is not limited to includes, without limitation, a release by Employee Executive of any claims for related or unrelated wrongful discharge or breach of contract under the Severance Planclaims, contractual claims, tort claims or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Partiesactions. This release Agreement covers both claims that Employee Executive knows about and those that Employee he/she may not know about. Notwithstanding the foregoing, neither party is releasing Executive expressly waives any right to enforce assert after signing this Agreement that any claim, demand, obligation, or cause of action has through ignorance, oversight, or for any other reason, been omitted from the scope of Subsection 5 of Section III of this Agreement. Executive further promises never to file a lawsuit, and Employee is not releasing: (1) demand, action or otherwise assert any claims for payments and benefits as set forth that are released in Subsection 5 of Section III of this Agreement or (other than a claim filed solely for the Second Separation Agreement; (2) any vested qualified retirement benefits purpose of challenging the validity of the waiver of claims under NII’s ERISA plan (although it the Age Discrimination in Employment Act). This Agreement does not include a release of all claims (i) Executive’s right, if any, to benefits Executive may be entitled to under any EDS plan qualified under Section 401(a) of the Severance Internal Revenue Code, including the EDS Retirement Plan and EDS 401(k) Plan); , and COBRA benefits pursuant to Internal Revenue Code section 4980B, (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7ii) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or claims Executive may have under the Director and Officer Indemnification Agreement between Age Discrimination in Employment Act which arise after the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing date Executive signs this Agreement, he is signing and agreeing (iii) any rights pursuant to this releaseAgreement, (iv) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Benefit Restoration Plan or EDS Supplemental Executive Retirement Plan (“SERP”), (v) Executive’s right, if any, to benefits Executive may be entitled to under the EDS Executive Deferral Plan, (vi) any rights pursuant to any indemnification agreements between Executive and EDS, or (vii) Executive’s right, if any, to benefits Executive may be entitled to under any applicable directors and officers or other liability insurance policies.
Appears in 1 contract
Samples: Change of Control Employment Agreement (Electronic Data Systems Corp /De/)
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly releases the SAIL Affiliated Entities, along with the employees, partners, agents, directors, officers, contractors, and voluntarily releases attorneys of any of them, (the “Releasees”) from any and forever discharges NII all claims or demands, whether known or unknown, and whether asserted on an individual or a class or collective basis, which Employee may have or claim to have against any related companiesof them. This complete release of all claims includes, without limitation, a complete release of any claims (including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, claims for attorneys, successors and assigns or any of them (the “Released Parties”’ fees) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited or claim to any claims or demands have based upon or relating to on Employee’s employment with NII Company or the termination of that employment. This includes but is not limited to a release , as well as any claims arising out of any rights contract, express or claims Employee may have under implied, any covenant of good faith and fair dealing, express or implied, any tort (including, without limitation, negligence by Company or anyone else), any claim to equity, stock, stock options, stock units, or other ownership interest in any SAIL Affiliated Entity (other than Employee’s equity, stock, stock options, stock units, or other ownership interest in SAIL), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, without limitation, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, colorthe Americans with Disabilities Act as amended, national origin, religion or sex; the Equal Pay Employee Retirement Income Security Act, which prohibits paying men the Family and women unequal pay for equal work; Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Employee represents Employee has not assigned to any other person any such claims and that Employee has the full right to grant this release. Notwithstanding the foregoing, Employee is not waiving any claims that may arise under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which after this Separation Agreement is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; executed or any other federal, state or local laws or regulations prohibiting employment discriminationfuture claims based on Company’s obligations under this Separation Agreement. This also includes but is Release does not limited apply to a release by any rights to indemnification to which Employee may be entitled as an employee or officer of any claims for wrongful discharge SAIL or breach its direct or indirect subsidiaries, including Company, prior to the Effective Date. Company, on behalf of contract under the Severance Planitself and its predecessors, successors, affiliated entities, parents, subsidiaries, or any assigns, including the other statutorySAIL Affiliated Entities, common lawhereby waives, tort releases, and forever discharges Employee from all claims and rights that Company or contract claim that Employee had, has or may have against any of them has against Employee, whether known or unknown, existing as of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know aboutdate Company signs this Separation Agreement. Notwithstanding the foregoing, neither party is releasing nothing herein shall be deemed to release Employee from claims arising from any right to enforce this Agreement, and acts or omissions by the Employee is not releasing: (1) any claims for payments and benefits as set forth in this Agreement during Employee’s employment with Company involving fraud or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releaseembezzlement.
Appears in 1 contract
Samples: Separation Agreement (Sailpoint Technologies Holdings, Inc.)
Complete Release. In exchange for the consideration set forth herein, Employee hereby knowingly and voluntarily releases and forever discharges NII Company and any related affiliated companies, including, without limitation, their affiliates, former and current along with the employees, officerspartners, agents, directors, shareholdersofficers, investorscontractors, attorneys, successors and assigns or attorneys of any of them (the “Released PartiesReleasees”) ), from any and all liabilities, claims, claims or demands, rights of action whether known or causes of action unknown, and whether asserted on an individual or class basis, which Employee had, has may have or may claim to have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employmentthem. This complete release of all claims includes but is not limited to a complete release of any rights or claims (including claims for attorneys’ fees) Employee may have under or claim to have based on Employee’s employment with Company or the termination of that employment, as well as any claims arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, without limitation, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, colorthe Americans with Disabilities Act as amended, national origin, religion or sex; the Equal Pay Employee Retirement Income Security Act, which prohibits paying men the Family and women unequal pay for equal work; Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Employee represents that Employee has not assigned to any other person any of such claims and that Employee has the full right to grant this release. Notwithstanding any other provision herein, Employee is not waiving any claims that may arise under the Age Discrimination in Employment Act of 1967after this Agreement is executed, the (“ADEA”) which prohibits age discrimination any future claims based on Company’s obligations and agreements set forth in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and vested rights in any stock or benefit plan. Further, Employee is does not releasing: (1) any claims for payments release his right to be defended and benefits indemnified, to the extent required by the Indemnity Agreement dated June 12, 2014 and attached as set forth Exhibit B. Further, nothing in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NIIagreement restricts Employee’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided assert a claim for a defense, reimbursement, or indemnity under any policies of Directors and Officers Liability Insurance maintained by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releaseCompany.
Appears in 1 contract
Complete Release. In exchange consideration for and expressly conditioned on the consideration set forth hereinreceipt of payment of the Severance Payment, Employee Read hereby knowingly and voluntarily releases and forever discharges NII and any related companiesthe Company, including, without limitation, their affiliates, former and current together with the employees, officerspartners, agents, directors, shareholdersofficers, investorscontractors, attorneys, successors insurers and assigns or attorneys of any of them them, (the “Released PartiesReleasees”) from any and all liabilities, claims, claims or demands, rights of action whether known or causes of action Employee hadunknown, has and whether asserted on an individual or class basis, which Read has, may have, or may claim to have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employmentthem. This complete release of all claims includes but is not limited to a complete release of any rights claims (including claims for attorneys’ fees) Read has, may have, or may claim to have based on Read’s employment with Company or separation from that employment, as well as any claims Employee may have under arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, housing costs, costs relating to relocation and the purchase or sale of housing, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on racethe Civil Rights Act of 1991, color, national origin, religion or sex; the Equal Pay Americans with Disabilities Act, which prohibits paying men the Employee Retirement Income Security Act, the Family and women unequal pay for equal work; Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act and/or their state law or local law equivalents. Read specifically waives any entitlement to any bonus, equity plan or other compensation not specifically set forth in this Separation Agreement. Read represents that he has not assigned to any other person any of such claims and that Read has the full right to grant this release. Notwithstanding any other provision herein, Read is not waiving any claims that may arise under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which after this Separation Agreement is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; executed or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any future claims for wrongful discharge or breach of contract under based on the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as provisions set forth in this Agreement or the Second Separation Agreement; (2) . This Separation Agreement shall not modify, expand or reduce any vested qualified retirement benefits under NIIobligation of the Company to indemnify Read from any claims arising out of the performance of Read’s ERISA plan (although it does include a release services as an employee or officer of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans Company as provided by COBRA; applicable law and in accordance with the Company’s by-laws. Nothing herein is intended to expand, reduce or limit the Company’s obligations to provide the benefit of insurance coverage maintained by the Company (4including D&O coverage) for Read in connection with claims based on actions or omissions of Read during the period of Read’s employment with the Company. Excluded from this release are a) any claims for unemployment compensation or workers compensation benefits or other rights arising under the terms of this Agreement; and b) any claims that may not be released as a matter of waived by law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Samples: Separation Agreement (Flextronics International Ltd.)
Complete Release. In exchange for I unconditionally and irrevocably release the consideration set forth hereinCompany, Employee hereby knowingly its current and voluntarily releases former parents, subsidiaries, and forever discharges NII and any related companies, including, without limitation, their affiliates, and their current or former employees or agents and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them related parties (the “Released Parties”"Releasees") from all liabilities, known or unknown claims, demandsif any, rights that I presently could have for any event that has occurred prior to my signing this Agreement arising out of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s my employment with NII the Company or the termination of that my separation from employment. This includes but is I understand that this means that I am releasing the Releasees and may not limited to a release of any rights or bring claims Employee may have against them under (a) Title VII of the Civil Rights Act of 19641964 or Sections 1981 and 1983 of the Civil Rights Act of 1866, which prohibits prohibit discrimination in employment based on race, color, national origin, religion ancestry, religion, or sex; (b) the Age Discrimination in Employment Act, which prohibits discrimination based on age; (c) the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; (d) the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; (e) the WARN Act, which requires that advance notice be given of certain workforce reductions; (f) the Employee Retirement Income Security Act, which among other things, protects employee benefits; (g) the Fair Labor Standards Act of 1938, which regulates wage and hour matters; (h) the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; (i) the Xxxxxxxx-Xxxxx Act of 2002, which, among other things, provides Whistleblower protection; (j) any of the state laws listed in Attachment A to this Agreement, which is incorporated into this Agreement by reference; or (k) any other law prohibiting retaliation based on exercise of my rights under any law, providing whistleblowers protection, providing workers' compensation benefits, protecting union activity, mandating leaves of absence, prohibiting discrimination based on veteran status or military service, restricting an employer's right to terminate employees or otherwise regulating employment, enforcing express or implied employment contracts, requiring an employer to deal with employees fairly or in good faith, providing recourse for alleged wrongful discharge, tort, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, and similar or related claims, and any other law relating to salary, commission, compensation, benefits, and other matters. I specifically represent that I have not been treated adversely on account of age, nor have I otherwise been treated wrongfully in connection with my employment with the Company or my separation from employment and that I have no basis for a claim under the Age Discrimination in Employment Act of 1967, Act. I specifically waive any right I may have to receive benefits under any Company severance plan. I acknowledge that the Company relied on the representations and promises in this Agreement in agreeing to pay me the benefits described in subsection (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations prohibiting employment discriminationa). This also includes but is not limited to a release by Employee of any I understand that I am releasing claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim events that Employee had, has or may have against any of the Released Parties. This release covers both claims occurred prior to my signing this Agreement that Employee knows about and those that Employee I may not know about. Notwithstanding This release does not include claims arising after the foregoing, neither party is releasing any right to enforce date I sign this Agreement, and Employee is not releasing: (1) or any pending claims for payments and benefits as set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits that have already been filed or other rights for on-the-job injuries that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releasehave already been reported.
Appears in 1 contract
Samples: Separation Agreement (Charter Communications Inc /Mo/)
Complete Release. In exchange for Executive hereby fully releases Dell (including but not limited to XXX Xxxxxxxxxxx and all its subsidiaries and affiliates) and all of its owners, partners, significant shareholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, subsidiaries, joint ventures, and affiliates (and agents, directors, officers, employees, representatives, and attorneys of such subsidiaries and affiliates), in their respective official capacities as such and/or in relation any and all activities related to Dell (collectively, “Released Parties”), from any and all known or unknown claims or demands Executive may have against any of them through the consideration set forth hereindate hereof. Executive expressly waives and opts out of all claims described above, Employee hereby knowingly whether asserted on an individual or class action basis, against any Released Party including but not limited to all such claims arising out of any contract, express or implied, and voluntarily releases whether executory or not, any covenant of good faith and forever discharges NII fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence by any Released Party and claims of express or implied defamation by any Released Party), and any related companiesfederal, state, or other governmental statute, regulation, or ordinance, including, without limitation, their affiliates, former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors and assigns or any of them (the “Released Parties”) from all liabilities, claims, demands, rights of action or causes of action Employee had, has or may have against any of the Released Parties, including but not limited to any claims or demands based upon or those relating to Employee’s qui tam, employment with NII or the discrimination, termination of that employment. This includes but is not limited to a release , payment of any rights wages or claims Employee may have under provision of benefits, Title VII of the Civil Rights Act of 19641964 as amended, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Civil Rights Act of 19671991, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Genetic Information Nondiscrimination Act, which the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Massachusetts Wage Act, M.G.L. c. 149, s. 148, et seq., the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Executive further releases any and all claims that Executive may have under State law and any other claim under Federal law. Executive represents that Executive has not assigned to any other person any of such claims and that Executive has the full right to grant this release. Notwithstanding any other provision herein, Dell and Executive agree that Executive is not waiving any claims that may arise in the future under the Age Discrimination in Employment Act, any claim for benefits under the Dell Inc. 401(k) Plan or the Dell Inc. Comprehensive Welfare Benefits Plan, any claims with respect to coverage under applicable indemnification agreements or policies or directors’ and officers’ liability insurance policies, any claims as a state statue prohibitingstockholder of Dell, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; any unreimbursed expenses or any other federal, state or local laws or regulations prohibiting employment discrimination. This also includes but is not limited to a release by Employee of any future claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim that Employee had, has or may have against any of the Released Parties. This release covers both claims that Employee knows about based on Dell’s obligations and those that Employee may not know about. Notwithstanding the foregoing, neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any claims for payments and benefits as agreements set forth in this Agreement or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Complete Release. In exchange for the consideration set forth hereinI unconditionally and irrevocably release Charter, Employee hereby knowingly its current and voluntarily releases former parents, plans, subsidiaries, and forever discharges NII and any related companies, including, without limitation, their affiliates, and their respective current or former and current employees, officers, agents, directors, shareholders, investors, attorneys, successors directors and assigns or any of them (the “Released Parties”) agents and related parties from all liabilities, known or unknown claims, demandslawsuits and causes of action, rights if any, that I presently could have for any event that has occurred prior to my signing this Agreement, from any claims, lawsuits and causes of action arising out of or relating to my employment with Charter Communications, the Employment Agreement, or my separation from employment, from any claims or rights I may have to severance under the Charter Communications Special One-Time Severance Plan or otherwise, from any claims, lawsuits or causes of action Employee hadin any way arising out of or based upon any decision, has promise, agreement, policy, practice, act or conduct of any person or entity I am releasing prior to this date, or based upon the negotiation and execution of this Settlement Agreement And Release, and from any rights, lawsuits, causes of action or claims arising out of or based upon any facts occurring prior to the date I sign this Agreement. I understand that this means that I am releasing Charter and such other persons and entities from and may have not bring claims against any of the Released Parties, including but not limited to any claims or demands based upon or relating to Employee’s employment with NII or the termination of that employment. This includes but is not limited to a release of any rights or claims Employee may have them under (a) Title VII of the Civil Rights Act of 19641964 or Sections 1981 and 1983 of the Civil Rights Act of 1866, which prohibits prohibit discrimination in employment based on race, color, national origin, religion ancestry, religion, or sex; (b) the Age Discrimination in Employment Act, which prohibits discrimination based on age; (c) the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; (d) the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; (e) the WARN Act, which requires that advance notice be given of certain workforce reductions; (f) the Employee Retirement Income Security Act, which among other things, protects employee benefits; (g) the Fair Labor Standards Act of 1938, which regulates wage and hour matters; (h) the Family and Medical Leave Act of 1993, which requires employers to provide leaves of absence under certain circumstances; (i) the Sxxxxxxx-Xxxxx Act of 2002, which, among other things, provides Whistleblower protection or any other federal or state law, regulation, or executive order prohibiting discrimination or retaliation; (j) any of the laws of the State of Colorado, Delaware, Georgia or Missouri or any political subdivision of any such State; or (k) any other law prohibiting retaliation based on exercise of my rights under any law, providing whistleblowers protection, providing workers’ compensation benefits, protecting union activity, mandating leaves of absence, prohibiting discrimination based on veteran status or military service, restricting an employer’s right to terminate employees or otherwise regulating employment, enforcing express or implied employment contracts, requiring an employer to deal with employees fairly or in good faith, providing recourse for alleged wrongful discharge, tort, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, and similar or related claims, and any other law relating to salary, commission, compensation, benefits, and other matters. I specifically represent that I have not been treated adversely on account of age or gender, nor have I otherwise been treated wrongfully in connection with my employment with the Company or my separation from employment and that I have no basis for a claim under the Age Discrimination in Employment Act of 1967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the Virginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any other federal, state or local laws or regulations applicable law prohibiting employment discriminationor other discrimination or retaliation. This also includes but is I agree that I am not limited eligible for severance under any severance plan, program, policy or arrangement of Charter or any of its subsidiaries or affiliates and I specifically waive any right I may have to a release by Employee of receive benefits under any such severance plan, program, policy or arrangement. I acknowledge that the Company relied on the representations and promises in this Agreement in agreeing to pay me the benefits described in subsection (a). I understand that I am releasing claims for wrongful discharge or breach of contract under the Severance Plan, or any other statutory, common law, tort or contract claim events that Employee had, has or may have against any of the Released Parties. This release covers both claims occurred prior to my signing this Agreement that Employee knows about and those that Employee I may not know about. Notwithstanding This release does not include claims arising after the foregoingdate I sign this Agreement (including, neither party is releasing without limitation, any right action to enforce this Agreement), and Employee is not releasing: (1) any claims for payments and benefits as set forth indemnification described in this Agreement paragraph (o), or the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any pending claims for unemployment compensation or workers compensation benefits that have already been filed or other rights for on-the-job injuries that may not be released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this releasehave already been reported.
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Samples: Separation Agreement (Charter Communications Inc /Mo/)