Common use of Employee Release of Claims Clause in Contracts

Employee Release of Claims. In consideration for the separation consideration set forth in this Agreement, Employee, on behalf of herself, her heirs, executors, legal representatives, spouse and assigns (“Employee Releasing Parties”), hereby fully and forever releases the Company and its respective past and present officers, directors, employees, investors, stockholders, administrators, subsidiaries, affiliates, predecessor and successor corporations and assigns, attorneys and insurers (the “Company’s Released Parties”) of and from any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that any of them may possess arising from any omissions, acts or facts that have occurred up until and including the date the Consulting Agreement is terminated, including, without limitation, any and all claims: 2.1.1. which arise out of, or result from, or occurred in connection with Employee’s employment by or consulting to the Company or any of its affiliated entities, the termination of that employment or consulting relationship, any events occurring in the course of that employment or consultancy, or any events occurring prior to the execution of this Agreement; 2.1.2. any and all claims for breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; legal malpractice, or negligent or intentional interference with contract or prospective economic advantage; 2.1.3. relating to discrimination, retaliation, termination in violation of public policy or defamation; 2.1.4. relating to (i) wrongful discharge of employment; any and all claims for wrongful discharge of employment, and/or (ii) violation of any federal, state or municipal statute relating to employment or employment discrimination, including, without limitation, (A) Title VII of the Civil Rights Act of 1964, as amended, (B) the Civil Rights Act of 1866, as amended, (C) the Civil Rights Act of 1991, as amended, (D) the Employee Retirement and Income Security Act of 1974, as amended, (E) the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), including, without limitation, by the Older Workers’ Benefit Protection Act, as amended (“OWBPA”), (F) the OWBFA, (G) the Americans with Disabilities Act of 1990, as amended, (H) any applicable state Persons with Disabilities Civil Rights Act, as amended, and (I) any applicable state Whistleblowers Protection Act, as amended; 2.1.5. any and all claims for back pay or other unpaid compensation; 2.1.6. any and all claims relating to equity of the Company, other than related to Stock Options; and 2.1.7. any and all claims for attorneys’ fees and costs. Employee hereby agrees that the release set forth in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters released. Employee represents and agrees that Employee has not filed any lawsuit, arbitration, or other claim against any of the Company’s Released Parties. Employee states that it knows of no violation of state, federal, or municipal law or regulation by any of the Company’s Released Parties, and knows of no ongoing or pending investigation, charge, or complaint by any agency charged with enforcement of state, federal, or municipal law or regulation. Pursuant to and as a part of Employee’s release and discharge of the Company’s Released Parties, as set forth herein, Employee agrees to the fullest extent permitted by law, not to xxx or file a complaint, action, or demand for arbitration against any of the Company’s Released Parties in any forum or assist or otherwise participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind that relates to any matter that involves any of the Company’s Released Parties, and that occurred up to and including this Agreement. Employee agrees that she shall not receive any damages, recovery and/or relief of any type related to any released claim(s), whether pursued by Employee, any governmental agency, other person or group. Nothing in the foregoing shall prevent Employee from commencing an action or proceeding to enforce Employee’s rights arising under this Agreement or under the Stock Options. Employee hereby represents, as of the date hereof, that Employee is not aware of any basis for a claim against any of the Company’s Released Parties.

Employee Release of Claims. In consideration for the separation consideration set forth in this Agreement, Employee, on behalf of herselfhimself, her his heirs, executors, legal representatives, spouse and assigns (“Employee Releasing Parties”), hereby fully and forever releases the Company and its the Company’s respective past and present officers, directors, employees, investors, stockholders, administrators, subsidiaries, affiliates, predecessor and successor corporations entities and assigns, attorneys and insurers (the “Company’s Released Parties”) of and from any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that any of them may possess arising from any omissions, acts or facts that have occurred up until and including through the date the Consulting Agreement is terminatedthat Employee signs this Agreement, including, without limitation, any and all claims: 2.1.1. (a) which arise out of, or result from, or occurred in connection with Employee’s employment by or consulting to the Company or any of its affiliated entities, the termination of that employment or consulting relationship, any events occurring in the course of that employment or consultancyemployment, or any events occurring prior to the execution of this Agreement; 2.1.2. any and all claims (b) for wrongful discharge, discrimination, harassment and/or retaliation; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; legal malpractice, or negligent or intentional interference with contract or prospective economic advantage; 2.1.3. relating to discrimination; slander, retaliation, termination in libel or invasion of privacy; violation of public policy policy; fraud, misrepresentation or defamationconspiracy; and false imprisonment; 2.1.4. relating to (ic) wrongful discharge of employment; any and all claims for wrongful discharge of employment, and/or (ii) a violation of any federal, state or municipal statute statute, regulation or ordinance relating to employment or employment discriminationemployment, including, without limitation, (Ai) Title VII of the Civil Rights Act of 1964, as amended, (Bii) the Civil Rights Act of 1866, as amended, (Ciii) the Civil Rights Act of 1991, as amended, (Div) the Employee Retirement and Income Security Act of 1974, as amended, (Ev) the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), including, including without limitation, by the Older Workers’ Benefit Protection Act, as amended (“OWBPA”), (F) the OWBFA, (Gvi) the Americans with Disabilities Act of 1990, as amended, and (Hvii) any applicable state Persons with Disabilities all claims arising out of the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, the New Jersey Civil Rights Act, as amended, and (I) any applicable state Whistleblowers the New Jersey Conscientious Employee Protection Act, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), the New York Civil Rights Law, Section 125 of the New York Workers Compensation Law, the New York City Human Rights Law, all as amendedamended together with all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and released; 2.1.5. any and all claims (d) for back pay or other unpaid compensation; 2.1.6. any and all claims (e) relating to equity of the Company, other than related to Stock Options; andand/or 2.1.7. any and all claims (f) for attorneys’ fees and costs. To the fullest extent permitted by law, Employee hereby agrees will not take any action that is contrary to the release set forth promises he has made in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters releasedAgreement. Employee represents and agrees that Employee he has not filed any lawsuit, arbitration, or other claim against any of the Company’s Released Parties. Employee states that it he knows of no violation of state, federal, or municipal law or regulation by any of the Company’s Released Parties, and knows of no ongoing or pending investigation, charge, or complaint by any agency charged with enforcement of state, federal, or municipal law or regulation. Pursuant to and as a part of Employee’s release and discharge of the Company’s Released Parties, as set forth herein, Employee further agrees to the fullest extent permitted by law, not to xxx or file a complaint, action, or demand for arbitration against any of the Company’s Released Parties in any forum or assist or otherwise participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind that relates to any matter that involves any of the Company’s Released Parties, and that occurred up to and including this Agreement. Employee agrees that she he shall not receive any monetary damages, recovery and/or relief of any type related to any released claim(s), whether pursued by Employee, Employee or any governmental agency, other person or group. Employee hereby agrees that the release set forth in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters released. Nothing in the foregoing shall prevent Employee from commencing an action or proceeding to enforce Employee’s rights arising under this Agreement or under the Stock Options. Employee hereby represents, as of the date hereof, that a claim for indemnification to which Employee is not aware of any basis for entitled as a claim against any current or former officer of the Company, or inclusion as a beneficiary of any insurance policy related to Employee’s Released Partiesservice in such capacity.

Employee Release of Claims. In consideration for the separation consideration set forth in this Agreement, Employee, on behalf of herselfhimself, her his heirs, executors, legal representatives, spouse and assigns (“Employee Releasing Parties”), hereby fully and forever releases the Company and its respective past and present officers, directors, employees, investors, stockholders, administrators, subsidiaries, affiliates, predecessor and successor corporations and assigns, attorneys and insurers (the “Company’s Released Parties”) of and from any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that any of them may possess arising from any omissions, acts or facts that have occurred up until and including the date the Consulting Agreement is terminatedhe signs this Agreement, including, without limitation, any and all claims: 2.1.1. A. which arise out of, or result from, or occurred in connection with Employee’s employment by or consulting to the Company or any of its affiliated entities, the termination of that employment or consulting relationshipemployment, any events occurring in the course of that employment or consultancyemployment, or any events occurring prior to the execution of this Agreement; 2.1.2. any and all claims B. for breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; legal malpractice, or negligent or intentional interference with contract or prospective economic advantage; 2.1.3. relating to discrimination, retaliation, ; termination in violation of public policy or policy; defamation; misrepresentation; invasion of privacy; negligence; and any other tort; 2.1.4. C. relating to (i) wrongful discharge of employment; any and all claims for wrongful discharge of employment, and/or (ii) the violation of any federal, state or municipal statute relating pertaining to discrimination, harassment, retaliation, wrongful discharge and/or employment or employment discriminationterms and conditions, including, without limitation, (A) Title VII of the Civil Rights Act of 1964, as amended, (B) the Civil Rights Act of 1866, as amended, (C) the Civil Rights Act of 1991, as amended, (D) the Employee Retirement and Income Security Act of 1974, as amended, (E) the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), including, without limitation, by the Older Workers’ Benefit Protection Act, as amended Act (“OWBPA”), (F) the OWBFAFamily Medical Leave Act, (G) the Worker Adjustment and Retraining Notification Act, the Americans with Disabilities Act of 1990, as amendedthe Minnesota Human Rights Act (the “MHRA”), (H) any applicable state Persons with Disabilities Civil Rights Actthe Minnesota Equal Pay for Equal Work Law, as amendedthe Minnesota healthcare worker whistleblower protection laws, the Minnesota family leave law, and (I) any applicable state Whistleblowers Protection Act, as amended;the Minnesota personnel record access statutes; and 2.1.5. any and all claims D. for back pay or other unpaid compensation; 2.1.6. any and all claims relating to equity of the Company, other than related to Stock Options; and 2.1.7. any and all claims compensation and/or for attorneys’ fees and costs. Employee hereby agrees represents that the release set forth in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters released. Employee represents and agrees that Employee he has not filed any lawsuit, arbitration, or other claim against any of the Company’s Released Parties. Employee states that it he knows of no violation of state, federal, or municipal law or regulation by any of the Company’s Released Parties, Parties and knows of no ongoing or pending investigation, charge, or complaint by any agency charged with enforcement of state, federal, or municipal law or regulation. Pursuant Nothing in this Agreement limits state or federal agencies from investigating and enforcing laws within their jurisdiction, but (except as to possible whistleblower awards from the Securities and as a part of Employee’s release and discharge of the Company’s Released Parties, as set forth herein, Exchange Commission) Employee agrees to the fullest extent permitted by law, not to xxx or file a complaint, action, or demand for arbitration against any of the Company’s Released Parties in any forum or assist or otherwise participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind that relates to any matter that involves any of the Company’s Released Parties, and that occurred up to and including this Agreement. Employee agrees that she shall he will not receive any individual monetary damages, recovery and/or relief of any type related to any released claim(sReleased Claim(s), whether pursued by Employee, Employee or any governmental agency, other person or group. Nothing in the foregoing shall prevent Employee from commencing an action or proceeding to enforce Employee’s rights arising under this Agreement or under the Stock Options. Employee hereby represents, as of the date hereof, that Employee is not aware of any basis for a claim against any of the Company’s Released Parties.

Employee Release of Claims. In consideration for the separation consideration set forth in this Agreement, Employee, on behalf of herselfhimself, her his heirs, executors, legal representatives, spouse and assigns (“Employee Releasing Parties”), hereby fully and forever releases the Company and its respective past and present officers, directors, employees, investors, stockholders, administrators, subsidiaries, affiliates, predecessor and successor corporations entities and assigns, attorneys and insurers (the “Company’s Released Parties”) of and from any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that any of them may possess arising from any omissions, acts or facts that have occurred up until and including through the date the Consulting Agreement is terminatedthat Employee signs this Agreement, including, without limitation, any and all claims: 2.1.1. A. which arise out of, or result from, or occurred in connection with Employee’s employment by or consulting to the Company or any of its affiliated entities, the termination of that employment or consulting relationship, any events occurring in the course of that employment or consultancyemployment, or any events occurring prior to the execution of this Agreement; 2.1.2. any and all claims B. for wrongful discharge, discrimination, harassment and/or retaliation; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; legal malpractice, or negligent or intentional interference with contract or prospective economic advantage; 2.1.3. relating to discrimination; slander, retaliation, termination in libel or invasion of privacy; violation of public policy policy; fraud, misrepresentation or defamationconspiracy; and false imprisonment; 2.1.4. relating to (i) wrongful discharge of employment; any and all claims C. for wrongful discharge of employment, and/or (ii) a violation of any federal, state or municipal statute statute, regulation or ordinance relating to employment or employment discriminationemployment, including, without limitation, (A1) Title VII of the Civil Rights Act of 1964, as amended, (B2) the Civil Rights Act of 1866, as amended, (C3) the Civil Rights Act of 1991, as amended, (D4) the Employee Retirement and Income Security Act of 1974, as amended, (E5) the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), including, including without limitation, by the Older Workers’ Benefit Protection Act, as amended (“OWBPA”), (F6) the OWBFAOWBPA, (G7) the Americans with Disabilities Act of 1990, as amended, (H) any applicable state Persons with Disabilities Civil 8) the Minnesota Human Rights Act, as amended (the “MHRA”), (9) the Minnesota Equal Pay for Equal Work Law, as amended, (10) the Minnesota healthcare worker whistleblower protection laws, (11) the Minnesota family leave law, and (I12) any applicable state Whistleblowers Protection Act, as amendedthe Minnesota personnel record access statutes; 2.1.5. any and all claims D. for back pay or other unpaid compensation; 2.1.6. any and all claims E. relating to equity of the Company, other than related to Stock Options; andand/or 2.1.7. any and all claims F. for attorneys’ fees and costs. To the fullest extent permitted by law, Employee hereby agrees will not take any action that is contrary to the release set forth promises he has made in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters releasedAgreement. Employee represents and agrees that Employee he has not filed any lawsuit, arbitration, or other claim against any of the Company’s Released Parties. Employee states that it he knows of no violation of state, federal, or municipal law or regulation by any of the Company’s Released Parties, and knows of no ongoing or pending investigation, charge, or complaint by any agency charged with enforcement of state, federal, or municipal law or regulation. Pursuant to and as a part of Employee’s release and discharge of the Company’s Released Parties, as set forth herein, Employee further agrees to the fullest extent permitted by law, not to xxx or file a complaint, action, or demand for arbitration against any of the Company’s Released Parties in any forum or assist or otherwise participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind that relates to any matter that involves any of the Company’s Released Parties, and that occurred up to and including this Agreement. Employee agrees that she he shall not receive any monetary damages, recovery and/or relief of any type related to any released claim(s), whether pursued by Employee, Employee or any governmental agency, other person or group. Employee hereby agrees that the release set forth in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters released. Nothing in the foregoing shall prevent Employee from commencing an action or proceeding to enforce Employee’s rights arising under this Agreement or under the Stock Options. Employee hereby represents, as of the date hereof, that a claim for indemnification to which Employee is not aware of any basis for entitled as a claim against any current or former officer of the Company, or inclusion as a beneficiary of any insurance policy related to Employee’s Released Partiesservice in such capacity.

Employee Release of Claims. In consideration for the separation consideration set forth in this Agreement, Employee, on behalf of herselfhimself, her his heirs, executors, legal representatives, spouse and assigns (“Employee Releasing Parties”), hereby fully and forever releases the Company and its respective past and present officers, directors, employees, investors, stockholders, administrators, subsidiaries, affiliates, predecessor and successor corporations and assigns, attorneys and insurers (the “Company’s Released Parties”) of and from any claimand all claims, dutyduties, obligation or cause liabilities, demands, obligations, actions, causes of action relating to any matters action, and losses of any kindevery kind and nature whatsoever, whether presently known or unknown, suspected or unsuspected, that any of them may possess arising from any omissions, acts or facts that have occurred up until and including through the date the Consulting Agreement is terminatedthat Employee signs this Agreement, including, without limitation, any and all claims: 2.1.1. A. which arise out of, or result from, or occurred in connection with Employee’s employment by or consulting to the Company or any of its affiliated entities, the termination of that employment or consulting relationship, any events occurring in the course of that employment or consultancy, or any events occurring prior to the execution of this Agreement; 2.1.2. any and all claims B. for wrongful discharge, discrimination, harassment and/or retaliation; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; legal malpractice, or negligent or intentional interference with contract or prospective economic advantage; 2.1.3. relating to discrimination; slander, retaliation, libel or invasion of privacy; constructive termination in of employment; violation of public policy policy; fraud, misrepresentation or defamationconspiracy; and false imprisonment; 2.1.4. relating to (i) wrongful discharge of employment; any and all claims C. for wrongful discharge of employment, and/or (ii) a violation of any federal, state or municipal statute statute, regulation or ordinance relating to employment or employment discriminationemployment, all as amended, including, without limitation, (A1) Title VII of the Civil Rights Act of 1964, as amended(2) 42 U.S.C. § 1981, (B) the Civil Rights Act of 1866, as amended, (C3) the Civil Rights Act of 1991, as amended, (D4) the Employee Retirement and Income Security Act of 1974, as amended, (E5) the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), including, without limitation, by (6) the Older Workers’ Benefit Protection Act, as amended Act (“OWBPA”), (F) the OWBFA, (G7) the Americans with Disabilities Act of 1990, as amended(8) the Family Medical Leave Act, (H9) any applicable state Persons with Disabilities Civil the Equal Pay Act), (10) the Minnesota Human Rights Act (the “MHRA”), (11) the Minnesota Equal Pay for Equal Work Law, (12) the Minnesota healthcare worker whistleblower protection laws, (13) the Minnesota family leave law, (14) the Minnesota personnel record access statutes, (15) the California Fair Employment and Housing Act, (16) the Rehabilitation Act of 1973, (17) the California and United States Constitutions, (18) the California Labor Code, (19) the California Business and Professions Code, (20) the California Family Rights Act, as amended(21) the California Government Code, and (I22) any applicable state Whistleblowers Protection Act, as amendedthe California Wage Orders; 2.1.5. any and all claims D. for back pay or other unpaid compensation; 2.1.6. any and all claims E. relating to equity of the Company, other than related to Stock Options; andand/or 2.1.7. any and all claims F. for attorneys’ fees fees, penalties and costs. Employee hereby agrees represents that the release set forth in this Agreement shall be and remain in effect in all respects as a complete general release as to the matters released. Employee represents and agrees that Employee he has not filed any lawsuit, arbitration, or other claim against any of the Company’s Released Parties. Employee states that it he knows of no violation of state, federal, or municipal law or regulation by any of the Company’s Released Parties, and knows of no ongoing or pending investigation, charge, or complaint by any agency charged with enforcement of state, federal, or municipal law or regulation. Pursuant to and as a part of Employee’s release and discharge of the Company’s Released Parties, as set forth herein, Employee further agrees to the fullest extent permitted by law, not to xxx or file a complaint, action, or demand for arbitration against any of the Company’s Released Parties in any forum or assist or otherwise participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind that relates to any matter that involves any of the Company’s Released Parties, and that occurred up to and including this Agreement. Employee agrees that she he shall not receive any monetary damages, recovery and/or relief of any type related to any released claim(s), whether pursued by Employee, Employee or any governmental agency, other person or groupgroup based on the released claims. Nothing This release in all respects has been voluntarily and knowingly executed with the express intention of effecting the legal consequences provided in the foregoing shall prevent Employee from commencing an action or proceeding to enforce Employee’s rights arising under this Agreement or under the Stock Options. Employee hereby represents, as of the date hereofCalifornia Civil Code § 1541, that Employee is, the extinguishment of obligations herein designated. The parties agree, with the advice of counsel, that this is a general release and that Civil Code section 1542 is waived by Employee. Section 1542 provides: A general release does not aware extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of any basis for a claim against any of executing the Company’s Released Partiesrelease, which if known by him or her must have materially affected his or her settlement with the debtor.