Current Release. In consideration of the benefits conferred by this SEPARATION AGREEMENT, EXECUTIVE (ON BEHALF OF HIMSELF, HIS FAMILY MEMBERS, HEIRS, ASSIGNS, EXECUTORS AND OTHER REPRESENTATIVES) RELEASES THE COMPANY AND ITS PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES, AND ITS AND/OR THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, AND ITS AND/OR THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EXECUTIVES, OWNERS, INVESTORS, SHAREHOLDERS, ADMINISTRATORS, BUSINESS UNITS, EXECUTIVE BENEFIT PLANS (TOGETHER WITH ALL PLAN ADMINISTRATORS, TRUSTEES, FIDUCIARIES AND INSURERS) AND AGENTS (“RELEASEES”) FROM ALL CLAIMS AND WAIVES ALL RIGHTS KNOWN OR UNKNOWN, HE MAY HAVE OR CLAIM TO HAVE IN EACH CASE RELATING TO HIS EMPLOYMENT WITH THE COMPANY, OR HIS SEPARATION THEREFROM arising before the execution of this Separation Agreement by Executive, including but not limited to claims: (i) for discrimination, harassment or retaliation arising under any federal, state or local laws, or the equivalent applicable laws of a foreign country, prohibiting age (including but not limited to claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, and the Older Worker Benefit Protection Act of 1990 (“OWBPA”) (collectively referred to herein as the “ADEA Release”)), sex, national origin, race, religion, disability, veteran status or other protected class discrimination, the Family and Medical Leave Act, as amended (FMLA), harassment or retaliation for protected activity; (ii) for compensation, commission payments, bonus payments and/or benefits including but not limited to claims under the Fair Labor Standards Act of 1938 (FLSA), as amended, the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Family and Medical Leave Act, as amended (FMLA), and similar federal, state, and local laws, or the applicable laws of any foreign country; (iii) under federal, state or local law, or the applicable laws of any foreign country, of any nature whatsoever, including but not limited to constitutional, statutory; and common law; (iv) under the Employment Agreement, and (v) for attorneys’ fees. Executive specifically waives his right to bring or participate in any class or collective action against the Company. Provided, however, that this release does not apply to claims by Executive: (aa) for workers’ compensation benefits or unemployment benefits filed with the applicable state agencies; (bb) for vested pension or retirement benefits including under the Co...
Current Release. Active's obligations under this Plan shall apply only to those releases of the applicable Software that are then currently being shipped by Active. Active shall have the right, at any time after a particular release has been superseded by another release, to terminate support with respect to the superseded release upon giving not less than ninety (90) days notice. Notwithstanding the foregoing, Active will support a superseded release for no less than one year after a new release is shipped.
Current Release. Before Multiforce commences to supply Customer Support Services, all system software products must be at the current or the most recently superseded release or revision level and must not be modified in any manner by the customer or by a third party without written authorization from Multiforce.
Current Release. Contractor shall offer to County each Release when Contractor makes it generally available to its other licensees. A “Release” means subsequent releases of any Upgrade Software that Contractor makes generally available without additional charge as part of its standard maintenance program to Customer’s receiving Contractor’s Support. County shall install each Release in accordance with Contractor’s release installation schedule. Contractor shall provide Support for each Release as long as County diligently is installing the newest Release within 270 days after its general release. Upon at least one (1) year advance notice, Contractor may designate any Release to also be a “Sunset Release”. At any time, upon notice, Contractor may terminate (with or without cause) Support Services for any Sunset Release. Notwithstanding the provision above, as long as County is utilizing an Upgrade Software version that is no more than two (2) versions behind the most current Upgrade Software version Contractor has made generally available, Contractor is obligated to provide all Support Services required under this Exhibit C-1.1 for the Upgrade Software version County then has in production.
Current Release. Except as otherwise specified in this Exhibit A, Licensee must run only the current release level of the Software that Hammerspace has made available to its customers and licensees. Licensee shall install all Updates within 10 days from the date they are made available by Hammerspace.
Current Release. In exchange for the consideration received by the Executive pursuant to this Agreement, the Executive on his own behalf, and on behalf of his descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and voluntarily and knowingly waives, releases and discharges Nabors Bermuda and Nabors Delaware, and each of their respective parents, predecessors, successors, subsidiaries, and affiliate companies, past and present, as well as their officers, directors , representatives, agents and attorneys from all claims, liabilities, demands and causes of action, asserted or unasserted, fixed or contingent, whether in contract or in tort, relating to or arising from the March 2006 notice to set expiration date by Nabors Bermuda to Executive with respect to the then Amended Employment Agreement (including, but not limited to, any claims related to termination without cause, constructive termination without cause, or change in control as used in said agreement). The parties hereto acknowledge that the Amended Employment Agreement has now been superseded by this Agreement, which is in force and binding on the parties hereto.
Current Release. AvantGo's support obligations with respect to the Software --------------- shall apply only to the most current release of the Software. AvantGo shall have the right, at any time after a particular release has been superseded by another release, to terminate support with respect to the superseded release upon giving not less than ninety (90) days notice to the Licensee.
Current Release. Current Release" means, with respect to any Licensed Software, the version thereof specified in each Addendum hereto.
Current Release. Except for those obligations contained within this Agreement and the rights and obligations contained in California Corporations Code section 317 and California Labor Code section 2802, Xx. Xxxxxxx hereby fully, finally and forever releases and discharges PCB, its affiliated entities, and their respective past, present and future officers, directors, employees, insurance carriers, other agents, successors and assigns (all such parties are hereafter collectively referred to as the “Released Parties”) of and from any and all causes of action, obligations, claims, damages, costs or liabilities, whether known or unknown, which Xx. Xxxxxxx has or may hereafter learn of against each or any of the Released Parties by reason of any act or omission or cause arising prior to Xx. Xxxxxxx’x execution of this Agreement, other than those statutory claims that are not legally waivable. Without limiting the generality of the foregoing, Xx. Xxxxxxx releases and discharges the Released Parties from any and all causes of action, obligations, claims, damages, costs or liabilities, whether known or unknown, which Xx. Xxxxxxx has or may hereafter learn of against each or any of the Released Parties by reason of her employment with PCB, including, but not limited to, claims based on or relating to: (a) any express or implied contract; (b) wrongful discharge; (c) termination in breach of public policy; (d) claims of discrimination, harassment or retaliation under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Family and Medical Leave Act, or the California Fair Employment and Housing Act, which prohibit discrimination, harassment and retaliation based on factors such as race, color, age, ancestry, national origin, sex, sexual orientation, transgender status, religion, mental or physical disabilities, marital status, or family or medical leave needs; (e) any other federal, state or local laws or regulations prohibiting employment discrimination or retaliation; (f) personal injury, defamation, assault, battery, infliction of emotional distress, invasion of privacy, or false imprisonment; and (g) claims for attorneys’ fees or costs. This release covers both claims that Xx. Xxxxxxx knows about and those that she may not know about. Accordingly, Xx. Xxxxxxx waives any rights afforded by Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or susp...
Current Release. The support services are only provided by Avancie in respect of the release ofDocurium current as of the day when support services are requested..
