Effect of Release and Waiver. The Company and Executive understand and intend that this Section 7 constitutes a general release of all claims except as otherwise expressly provided in Section 7(a) or Section 7(b) above and that no reference herein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver.
Effect of Release and Waiver. The Executive understands and intends that this Section 5 constitutes a general release of all claims except as otherwise provided in clauses (b) and (e) of this Section, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver.
Effect of Release and Waiver. Purchaser's failure to purchase the HSA Shares for any reason whatsoever (including termination of this Agreement) shall not affect the Mutual Release and Waiver contained in Article V hereof which is effective concurrently with the execution of this Agreement and independent of whether the purchase of the HSA Shares is consummated.
Effect of Release and Waiver. Executive understands and intends that this Section 4 constitutes a general release of all claims except as otherwise provided in Section 4(d) above, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver. If any provisions of this Section 4 are held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions thereof, and the provision held to be invalid or unenforceable shall be enforced as nearly as possible according to its original terms and intent to eliminate such invalidity or unenforceability.
Effect of Release and Waiver. Each of the Parties understands and intends that this Section 6 constitutes a general release of all claims except as otherwise provided in Section 6(a) and (b) above, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver.
Effect of Release and Waiver. The effect of this Agreement is to waive and release any and all claims, demands, actions, or causes of action that the Executive and the Company may now or hereafter have against the other for any liability, whether known or unknown, vicarious, derivative, or direct. The Executive’s and the Company’s waivers and releases include but are not limited to any claims for damages (actual or punitive), back wages, future wages, commission payments, bonuses, reinstatement, accrued vacation leave benefits, past and future employee benefits (except to which there is vested entitlement or as provided for herein) including contributions to the Company’s employee benefit plans, compensatory damages, penalties, equitable relief, attorneys’ fees, costs of court, interest, and any and all other loss, expense, or detriment of whatever kind resulting from, growing out of, connected with, or related in any way to the Executive’s employment by the Company or the termination of such employment. This release does not apply to any claims that may arise after the date the Executive and the Company execute this Agreement.
Effect of Release and Waiver. Executive understands and intends that this Section 6 constitutes a general release of all claims to the extent provided in Section 6(a), above, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver. Notwithstanding the foregoing or any other provision contained herein, Executive does not release any of the following (and none of the following is included in the definition of “Claim”):
(i) claims that Executive may have against the Company or the Parent for reimbursement of ordinary and necessary business expenses incurred by him during the course of his employment;
(ii) claims that arise after the date of this Agreement;
(iii) any accrued and vested rights or entitlements that Executive has under any applicable written (a) plan, (b) policy, (c) program or (d) arrangement of, or (e) other written agreement, including this Agreement, with, the Company, the Parent or the Company’s subsidiaries; and
(iv) Executive’s right to be indemnified and to have his expenses advanced by the Parent (A) as set forth in the Parent’s Amended and Restated Certificate of Incorporation as in effect on the date of this Agreement, (B) as required under applicable law or (C) as permitted pursuant to the Company’s and/or the Parent’s directors’ and officer’s liability insurance policies, in each case with respect to any liability and/or expenses he incurs or incurred as an employee, officer and/or director of the Company, the Parent and/or any of their respective subsidiaries;
(v) any right or entitlement Executive may have to obtain contribution as permitted by law in the event of entry of judgment against him as a result of any act or failure to act for which he, the Company, the Parent and/or any of their respective subsidiaries or employees are jointly liable and only in the event and to the extent that the Parent’s indemnification obligations for the benefit of Executive under the Parent’s Amended and Restated Certificate of Incorporation as in effect on the date of this Agreement are determined by the final judgment of a court of competent jurisdiction to be unenforceable with respect to such judgment.
Effect of Release and Waiver. The Executive understands and intends that this Section 4 constitutes a general release of all claims except as otherwise provided in Section 4(a) above, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver. The Executive agrees that his acceptance of the payments and benefits set forth in Section 2(b) will be deemed to have brought down the claims released pursuant to Section 4(a) through and including the Separation Date.
Effect of Release and Waiver. The effect of this Agreement is to waive and release any and all claims, demands, actions, or causes of action that Executive may now or hereafter have for any liability, whether known or unknown, vicarious, derivative, or direct. Executive’s waivers and releases include but are not limited to any claims for damages (actual or punitive), back wages, future wages, commission payments, bonuses, reinstatement, accrued vacation leave benefits, past and future employee benefits (except to which there is vested entitlement or as provided for herein) including contributions to the Company’s employee benefit plans, compensatory damages, penalties, equitable relief, attorneys’ fees, costs of court, interest, and any and all other loss, expense, or detriment of whatever kind resulting from, growing out of, connected with, or related in any way to Executive’s employment by the Company or the termination of such employment. This release does not apply to any claims that may arise after the date on which Executive and the Company execute this Agreement.
Effect of Release and Waiver. Executive understands and intends that this Section 6 constitutes a general release of all claims except as otherwise provided in this Section 6(c), and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and waiver. Executive is not waiving any right (i) to the Accrued Benefits or other compensation and benefits to which he is entitled under this Agreement, (ii) as an equity or security holder in the Company or its affiliates, or (iii) that cannot be waived by law.
