Common use of Employee Release and Waiver of Claims Clause in Contracts

Employee Release and Waiver of Claims. As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise. For and in consideration of the payments and benefits described in the Change in Control Agreement (the “Consideration”), which are being provided in exchange for your execution of this Release and would not be provided absent your execution of this Release, you, for and on behalf of yourself and your heirs, administrators, executors and assigns, effective the date hereof, do fully and forever release, remise and discharge the Company, the Bank, their direct and indirect parents, subsidiaries and affiliates, together with their respective officers, directors, partners, shareholders, employees and agents (collectively, and with the Company and the Bank, the “Group”) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, and the following laws: Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (except for any vested benefits under any tax qualified benefit plan); The Immigration Reform and Control Act, as amended; The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Fair Credit Reporting Act The Xxxxxxxx-Xxxxx Act of 2002; The Connecticut Family and Medical Leave Act, as amended, Conn. Gen. Stat. § 31-51kk et seq.; The Connecticut Fair Employment Practices Act, as amended, Conn. Gen. Stat. § 46a-51 et seq.; The Connecticut Whistleblower Statute, as amended, Conn. Gen. Stat. § 31-51m et seq.; The Connecticut Equal Pay Laws, Conn. Gen. Stat. § 31-58(e) et seq.; §§ 31-75 and 31-76; Connecticut Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 31-290a; The Connecticut First Amendment/Free Speech Statute, as amended, Conn. Gen. Stat. § 31-51q; The Connecticut Drug Testing Law, Conn. Gen. Stat. § 31-51t et seq.; Connecticut AIDS Testing and Confidentiality Law, Conn. Gen. Stat. § 19a-581 et seq.; Connecticut Age Discrimination and Employee Benefits Law, Conn. Gen. Stat. § 38a-543; Connecticut Reproductive Hazards, Conn. Gen. Stat. § 31-40g, et seq.; Connecticut Smoking Outside the Workplace Law, Conn. Gen. Stat. § 31-40s; Connecticut Electronic Monitoring of Employees, Conn. Gen. Stat. § 31-48b; Connecticut Wage Hour and Wage Payment Laws, as amended; Connecticut OSHA, as amended; as each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Consideration or any other benefits provided in exchange for this Release, (ii) any claims arising after the date of this Release, (iii) your rights with respect to payments and/or benefits under any plans, programs or arrangements maintained or contributed to by any member of the Group, (iv) your right to reimbursement of business expenses, and (v) any indemnification or similar rights you may have as a current or former officer or director of the Group, including, without limitation, any and all rights thereto referenced in the Change in Control Agreement, any member of the Group’s bylaws, other governance documents, or any rights with respect to the Group’s directors’ and officers’ insurance policies.

Employee Release and Waiver of Claims. As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise. For and in consideration of the payments and benefits described in the Change in Control Section 4 of the Employment Agreement [specify applicable subsections] (the “Consideration”), which are being provided in exchange for your execution of this Release and would not be provided absent your execution of this Release, you, for and on behalf of yourself and your heirs, administrators, executors and assigns, effective the date hereof, do fully and forever release, remise and discharge the Company, the Bank, their direct and indirect parents, subsidiaries and affiliates, together with their respective officers, directors, partners, shareholders, employees and agents (collectively, and with the Company and the Bank, the “Group”) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, and the following laws: Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (except for any vested benefits under any tax qualified benefit plan); The Immigration Reform and Control Act, as amended; The Workers Adjustment and Retraining Notification Act, as amended; The Occupational Safety and Health Act, as amended; The Fair Credit Reporting Act The Xxxxxxxx-Xxxxx Act of 2002; The Connecticut Family and Medical Leave Act, as amended, Conn. Gen. Stat. § 31-51kk et seq.; The Connecticut Fair Employment Practices Act, as amended, Conn. Gen. Stat. § 46a-51 et seq.; The Connecticut Whistleblower Statute, as amended, Conn. Gen. Stat. § 31-51m et seq.; The Connecticut Equal Pay Laws, Conn. Gen. Stat. § 31-58(e) et seq.; §§ 31-75 and 31-76; Connecticut Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 31-290a; The Connecticut First Amendment/Free Speech Statute, as amended, Conn. Gen. Stat. § 31-51q; The Connecticut Drug Testing Law, Conn. Gen. Stat. § 31-51t et seq.; Connecticut AIDS Testing and Confidentiality Law, Conn. Gen. Stat. § 19a-581 et seq.; Connecticut Age Discrimination and Employee Benefits Law, Conn. Gen. Stat. § 38a-543; Connecticut Reproductive Hazards, Conn. Gen. Stat. § 31-40g, et seq.; Connecticut Smoking Outside the Workplace Law, Conn. Gen. Stat. § 31-40s; Connecticut Electronic Monitoring of Employees, Conn. Gen. Stat. § 31-48b; Connecticut Wage Hour and Wage Payment Laws, as amended; Connecticut OSHA, as amended; as each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Consideration or any other benefits provided in exchange for this Release, (ii) any claims arising after the date of this Release, (iii) your rights with respect to payments and/or benefits under any plans, programs or arrangements maintained or contributed to by any member of the Group, (iv) your right to reimbursement of business expenses, and (v) any indemnification or similar rights you may have as a current or former officer or director of the Group, including, without limitation, any and all rights thereto referenced in the Change in Control Employment Agreement, any member of the Group’s bylaws, other governance documents, or any rights with respect to the Group’s directors’ and officers’ insurance policies.

Employee Release and Waiver of Claims. As used In consideration of the post-termination benefits described in Section 1 above, which benefits are in addition to what Employee would have been entitled to receive in the absence of this Release, Employee, on behalf of himself and his family, heirs, executors, administrators, legal representatives, beneficiaries and assigns (collectively referred to in this Release as “Employee”), hereby irrevocably, unconditionally and forever releases, acquits and discharges the term Company, its affiliates, and their respective past and present officers, directors, shareholders, partners, members, managers, attorneys, representatives, agents and employees, and each of their respective predecessors, successors and assigns (collectively, the “claims” will include Released Parties”), from any and all claimsdebts, obligations, losses, costs, promises, covenants, warrantiesagreements, promisescontracts, undertakingsendorsements, bonds, controversies, suits, actions, suits, causes of action, obligationsrights, debts, accounts, attorneys’ feesliabilities, judgments, losses and liabilitiesdamages, expenses, claims, counterclaims, cross-claims or demands, in law or equity, asserted or unasserted, express or implied, foreseen or unforeseen, known or unknown, suspected or unsuspected, liquidated or unliquidated, of whatsoever any kind or naturenature or description whatsoever, in law, equity or otherwise. For and in consideration of the payments and benefits described in the Change in Control Agreement (the “Consideration”), which are being provided in exchange for your execution of this Release and would not be provided absent your execution of this Release, you, for and on behalf of yourself and your heirs, administrators, executors and assigns, effective the date hereof, do fully and forever release, remise and discharge the Company, the Bank, their direct and indirect parents, subsidiaries and affiliates, together with their respective officers, directors, partners, shareholders, employees and agents (collectively, and with the Company and the Bank, the “Group”) from any and all claims whatsoever up to the date hereof which you that Employee had, may have had, now has, or now may hereafter claim to have against any of the GroupReleased Parties relating to any event occurring or any act done or omitted to be done, for or by reason from the beginning of any matter, cause or thing whatsoevertime to the date Employee signs this Agreement, including but not limited to any claim and all actions, liabilities or other claims for relief or remuneration arising out of of, or attributable to your in any way connected with, Employee’s employment or the by and/or termination of your employment with from the Company, whether for tort, breach and any and all claims of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or every kind arising under any federal, state or local law dealing with discrimination based on agestatutory or common law, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, including but is not limited toto Title VII of the Civil Rights Act of 1964, all claims arising under the Virginia Human Rights Act, the federal Family and Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII the Fair Labor Standards Act of the Civil Rights Act1938, state or federal whistleblower statutes, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, and the following laws: Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (except for any vested benefits under any tax qualified benefit plan); The Immigration Reform and Control Act, as amended; The Workers Adjustment the Occupational Health and Retraining Notification Safety Act, as amended; The Occupational Safety and Health the Consumer Credit Protection Act, as amended; The Fair Credit Reporting Act The Xxxxxxxx-Xxxxx Act of 2002; The Connecticut Family and Medical Leave Act, as amended, Conn. Gen. Stat. § 31-51kk et seq.; The Connecticut Fair Employment Practices Act, as amended, Conn. Gen. Stat. § 46a-51 et seq.; The Connecticut Whistleblower Statute, as amended, Conn. Gen. Stat. § 31-51m et seq.; The Connecticut Equal Pay Laws, Conn. Gen. Stat. § 31-58(e) et seq.; §§ 31-75 and 31-76; Connecticut Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 31-290a; The Connecticut First Amendment/Free Speech Statute, as amended, Conn. Gen. Stat. § 31-51q; The Connecticut Drug Testing Law, Conn. Gen. Stat. § 31-51t et seq.; Connecticut AIDS Testing and Confidentiality Law, Conn. Gen. Stat. § 19a-581 et seq.; Connecticut Age Discrimination and Employee Benefits Law, Conn. Gen. Stat. § 38a-543; Connecticut Reproductive Hazards, Conn. Gen. Stat. § 31-40g, et seq.; Connecticut Smoking Outside the Workplace Law, Conn. Gen. Stat. § 31-40s; Connecticut Electronic Monitoring of Employees, Conn. Gen. Stat. § 31-48b; Connecticut Wage Hour and Wage Payment Laws, as amended; Connecticut OSHA, as amended; as each as may be amended from time to time, and all any other federal, state and or local lawsstatutes, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. Notwithstanding any provision of action arising in tort or contract, except that this Release does not apply to the contrary, any claim by executing Employee to enforce rights under this Release, you are and Employee does not releasing waive claims for vested ERISA benefits and medical insurance claims against carriers on policies in effect. Nothing in this Release shall be construed to prevent Employee from filing a charge with, or participating in an investigation conducted by, the U.S. Equal Employment Opportunity Commission or applicable state agency, to the extent required or permitted by law, or to prevent any claims relating to: challenge by Employee to the waiver and release of any claim under the ADEA, albeit that Employee understands and agrees that Employee shall not be entitled to seek monetary compensation from the filing and/or participation in any such charge. Notwithstanding the foregoing, Employee shall not be deemed to have released (i) your rights with respect to the Consideration or any other benefits provided in exchange for claims arising under this Release, (ii) his right to defend any claim made against him by denying the accuracy or veracity of such claim, provided that Employee cannot defend the accuracy or veracity of a claim by asserting any of the following (all of which are hereby waived under this Section 2): any and all debts, obligations, losses, costs, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, rights to set-off, liabilities, judgments, damages, expenses, claims, counterclaims, cross-claims arising after or demands, in law or equity, asserted or unasserted, express or implied, foreseen or unforeseen, known or unknown, suspected or unsuspected, liquidated or unliquidated, of any kind or nature or description whatsoever that Employee had, may have had, now has, or may hereafter claim to have against any of the date of this ReleaseReleased Parties, (iii) your rights with respect claims to payments and/or benefits indemnification or advancement of legal fees including, but not limited to, under the Company’s Certificate of Incorporation, Bylaws, or any plans, programs or arrangements maintained or contributed to by any member of indemnification agreement between Employee and the GroupCompany, (iv) your right claims to reimbursement of business expensescoverage under any director & officer insurance policy, and (v) any indemnification or similar rights you may have as a current or former officer or director claims arising after the effective date of the Group, including, without limitation, any and all rights thereto referenced in the Change in Control Agreement, any member of the Group’s bylaws, other governance documents, or any rights with respect to the Group’s directors’ and officers’ insurance policiesthis Release.