Common use of Employee Release Clause in Contracts

Employee Release. Except as described in paragraph 9 below, Employee, for and on behalf of Employee and Employee’s heirs, executors, administrators, and assigns, knowingly releases and discharges AngioDynamics, Inc. and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciaries, and all of its and their current and former directors, officers, employees, and agents, in their individual and representative capacities (together, the “Released Parties”) from all claims, actions, causes of action, suits, charges, damages, and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released Party, directly or indirectly, whether known or unknown, from the beginning of time to the date of this Agreement. Employee acknowledges that this RELEASE includes all claims arising out of Employee’s employment and the termination of that employment, whether before courts, administrative agencies, or other forums wherever situated, including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code, the Americans with Disabilities Act, as amended, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act (ERISA), as amended, the Occupational Safety and Health Act, as amended, the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulations, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residence, and all common law claims of the State of New York and the state of Employee’s residence, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectively, “Claims”). The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 are expressly contingent upon Employee’s satisfaction of the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A), Employer shall have no further obligation to pay or provide any of the payments or benefits provided in paragraph 3 of this Agreement, but all other terms of this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (Angiodynamics Inc)

AutoNDA by SimpleDocs

Employee Release. Except as described in paragraph 9 “9” below, Employee, for and on behalf of Employee and Employee’s heirs, executors, administrators, and assigns, knowingly releases and discharges AngioDynamics, Inc. and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciaries, and all of its and their current and former directors, officers, employees, and agents, in their individual and representative capacities (together, the “Released Parties”) RELEASES AND DISCHARGES Employer from all claims, actions, causes of action, suits, charges, damages, damages and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released PartyEmployer, directly or indirectly, whether known or unknown, from the beginning of time his/her employment to the date of this Agreement. Employee acknowledges that this RELEASE includes all claims arising out of Employee’s his employment and the termination of that employment, whether before courts, administrative agencies, or other forums wherever situated, including, including but not limited to, to all claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code, the Americans with Disabilities Act, as amended, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act (ERISA), as amended, the Occupational Safety and Health Act, as amended, the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulationsfederal, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residenceregulations, and all common law claims of the State of New York and the state of Employee’s residenceYork, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, costs and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectivelyemployment, “Claims”)but specifically excepting from this RELEASE Employer’s obligations to Employee under this Agreement. The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 “2” are expressly contingent upon Employee’s satisfaction of on Employee executing and providing to Employer the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because General Release attached as Appendix “A.” If Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A)the General Release, Employer shall have no further obligation to pay or provide make any of the separation payments or benefits provided in paragraph 3 of under this Agreement, but all other terms of this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (Angiodynamics Inc)

Employee Release. Except In exchange for the Severance Payment and COBRA Benefit, as described well as the other promises set forth in paragraph 9 belowthis Agreement, EmployeeEmployee voluntarily and knowingly waives, for and on behalf of Employee and Employee’s heirs, executors, administratorsreleases, and assignsdischarges the Company, knowingly releases its direct and discharges AngioDynamicsindirect parent companies, Inc. predecessor, successor, subsidiary, and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciariesaffiliate companies, and all of its and their current and former directorsrespective employees, officers, employeesdirectors, owners, members, shareholders, principals, attorneys, insurers, benefit plans, plan fiduciaries, representatives, agents and agents, in their individual and representative capacities assigns (togethercollectively, the “Released Parties”) from all claims, actionsliabilities, demands, damages, obligations, grievances, and causes of action, suits, charges, damages, and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released Party, directly or indirectly, whether known or unknown, fixed or contingent, which Employee may have or claim to have against any of them as a result of Employee’s employment and/or separation from the beginning employment and/or as a result of time to any other matter arising through the date of Employee’s signature on this Agreement. Employee acknowledges agrees not to file a lawsuit to assert any such released claims. Employee hereby represents and warrants that this RELEASE includes all claims arising out Employee has not as of the date of Employee’s employment signature on this Agreement filed any action, complaint, charge, grievance, arbitration or similar proceeding against the Company or any other Released Party. This waiver, release and the termination of that employment, whether before courts, administrative agencies, or other forums wherever situated, includingdischarge includes, but is not limited to: a) claims arising under federal, all claims under state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, the Occupational Health and Safety Act, the National Labor Relations Act, Section 1981 of the Civil Rights Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code1866, the Americans with Disabilities Act, as amendedthe Rehabilitation Act, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act, as amendedthe Americans with Disabilities Act Amendments Act, the Sarbanes Oxley Act of 2002, the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance and Portability Accountability Act of 1996 (HIPAA), the Worker Adjustment and Retraining Notification (WARN) Act, the Texas Labor Code, and the Texas Commission on Human Rights Act; b) claims for breach of oral or written express or implied contract, promissory estoppel, or quantum meruit, including any employment-related offer or agreement and including any claims for breach of the implied duty of good faith and fair dealing; c) claims for personal injury, harm, or other damages (whether intentional or unintentional and whether occurring on the job or not, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacy, and other such claims); d) claims arising from the termination of employment, including, without limitation, public policy, discrimination, or retaliation claims under statute or common law; e) claims for wages, commissions, bonuses, equity or other incentive programs, or any other form of compensation other than any pending workers' compensation benefits claim; or f) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act of 1974. NOTHING IN THIS AGREEMENT SHALL CONSTITUTE OR BE CONSTRUED AS A WAIVER, RELEASE OR DISCHARGE OF, OR AS AN ATTEMPT TO WAIVE, RELEASE OR DISCHARGE, (ERISA)I) ANY RIGHT OR CLAIM FOR RIGHTS UNDER THIS AGREEMENT, as amended(II) ANY RIGHT OR CLAIM WHICH IS NOT WAIVABLE AS A MATTER OF LAW, the Occupational Safety and Health Act(III) ANY CLAIM ARISING AFTER THE DATE OF EMPLOYEE’S SIGNATURE ON THIS AGREEMENT, as amended(IV) ANY CLAIM FOR INDEMNITY EMPLOYEE MAY BE OTHERWISE ENTITLED TO MAKE AS A FORMER OFFICER OF THE COMPANY; (V) ANY RIGHTS EMPLOYEE HAS UNDER THE EQUITY AGREEMENT BETWEEN EMPLOYEE AND CRESTWOOD HOLDINGS PARTNERS LLC DATED SEPTEMBER 2, the New York Human Rights Law2010; OR (VI) ANY RIGHTS EMPLOYEE HAS UNDER THE EQUITY AGREEMENT BETWEEN EMPLOYEE AND FR CRESTWOOD MANAGEMENT CO-INVESTMENT LLC DATED DECEMBER 3, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulations, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residence, and all common law claims of the State of New York and the state of Employee’s residence, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectively, “Claims”). The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 are expressly contingent upon Employee’s satisfaction of the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A), Employer shall have no further obligation to pay or provide any of the payments or benefits provided in paragraph 3 of this Agreement, but all other terms of this Agreement shall remain in full force and effect2015.

Appears in 1 contract

Samples: Separation Agreement (Crestwood Midstream Partners LP)

Employee Release. Except In consideration for the Severance Pay and Bonus Pay from Crestwood stated above, as described well as the other promises set forth in paragraph 9 belowthis Agreement, EmployeeEmployee voluntarily and knowingly waives, for and on behalf of Employee and Employee’s heirs, executors, administratorsreleases, and assignsdischarges the Company, knowingly releases the General Partner, Crestwood Midstream, Crestwood, its direct and discharges AngioDynamicsindirect parent companies, Inc. predecessor, successor, subsidiary, and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciariesaffiliate companies, and all of its and their current and former directorsemployees, officers, employeesdirectors, owners, members, shareholders, principals, attorneys, insurers, benefit plans, plan fiduciaries, representatives, agents and agents, in their individual and representative capacities (together, the “Released Parties”) assigns from all claims, actionsliabilities, demands, grievances, and causes of action, suits, charges, damages, and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released Party, directly or indirectly, whether known or unknown, fixed or contingent, which Employee may have or claim to have against any of them as a result of Employee’s employment and/or termination from the beginning employment and/or as a result of time to any other matter arising through the date of Employee’s signature on this Agreement. Employee acknowledges that this RELEASE includes all agrees not to file a lawsuit to assert any such released claims arising out of Employee’s employment and the termination of that employment, whether before courts, administrative agencies, Employee agrees not to accept any monetary damages or other forums wherever situatedpersonal relief (including legal or equitable relief) in connection with any administrative claim or lawsuit filed by any person or entity. This waiver, includingrelease and discharge includes, but is not limited to: a) claims arising under federal, all claims under state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Occupational Health and Safety Act, the National Labor Relations Act, Section 1981 of the Civil Rights Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code1866, the Americans with Disabilities Act, as amendedthe Rehabilitation Act, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act, as amendedChapters 21, 61 and 451 of the Texas Labor Code, the Texas Commission on Human Rights Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Sarbanes Oxley Act of 2002, Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance and Portability Accountability Act of 1996 (HIPAA), and the Worker Adjustment and Retraining Notification (WARN) Act; b) claims for breach of oral or written express or implied contract or promissory estoppel or quantum meruit, including the Agreements or any other employment-related offer or agreement; c) claims for personal injury, harm, or other damages (whether intentional or unintentional and whether occurring on the job or not, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacy, and other such claims); d) claims growing out of any legal restrictions on the Company’s, the General Partner’s or Crestwood’s right to terminate its employees including any claims based on any violation of public policy or retaliation for filing a workers’ compensation claim; e) claims for workers compensation, wages, commissions, equity or other incentive programs, or any other form of compensation other than any pending workers’ compensation benefits claim; or f) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (ERISA), as amended, the Occupational Safety and Health Act, as amended, the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulations, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residence, and all common law claims of the State of New York and the state of Employee’s residence, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectively, “Claims”). The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 are expressly contingent upon Employee’s satisfaction of the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because Employee fails to timely sign this Agreement, including Exhibits NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS AN ATTEMPT TO WAIVE ANY CLAIM WHICH IS NOT WAIVABLE AS A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A), Employer shall have no further obligation to pay or provide any of the payments or benefits provided in paragraph 3 of this Agreement, but all other terms of this Agreement shall remain in full force and effectMATTER OF LAW.

Appears in 1 contract

Samples: Separation Agreement (Crestwood Midstream Partners LP)

Employee Release. Except In exchange for the Severance Payment and COBRA Benefit, as described well as the other promises set forth in paragraph 9 belowthis Agreement, EmployeeEmployee voluntarily and knowingly waives, for and on behalf of Employee and Employee’s heirs, executors, administratorsreleases, and assignsdischarges the Company, knowingly releases its direct and discharges AngioDynamicsindirect parent companies, Inc. predecessor, successor, subsidiary, and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciariesaffiliate companies, and all of its and their current and former directorsrespective employees, officers, employeesdirectors, owners, members, shareholders, principals, attorneys, insurers, benefit plans, plan fiduciaries, representatives, agents and agents, in their individual and representative capacities assigns (togethercollectively, the “Released Parties”) from all claims, actionsliabilities, demands, damages, obligations, grievances, and causes of action, suits, charges, damages, and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released Party, directly or indirectly, whether known or unknown, fixed or contingent, which Employee may have or claim to have against any of them as a result of Employee’s employment and/or separation from the beginning employment and/or as a result of time to any other matter arising through the date of Employee’s signature on this Agreement. Employee acknowledges agrees not to file a lawsuit to assert any such released claims. Employee hereby represents and warrants that this RELEASE includes all claims arising out Employee has not as of the date of Employee’s employment signature on this Agreement filed any action, complaint, charge, grievance, arbitration or similar proceeding against the Company or any other Released Party. This waiver, release and the termination of that employment, whether before courts, administrative agencies, or other forums wherever situated, includingdischarge includes, but is not limited to: a) claims arising under federal, all claims under state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, the Occupational Health and Safety Act, the National Labor Relations Act, Section 1981 of the Civil Rights Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code1866, the Americans with Disabilities Act, as amendedthe Rehabilitation Act, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act, as amendedthe Americans with Disabilities Act Amendments Act, the Sarbanes Oxley Act of 2002, the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance and Portability Accountability Act of 1996 (HIPAA), the Worker Adjustment and Retraining Notification (WARN) Act, the Texas Labor Code, and the Texas Commission on Human Rights Act; b) claims for breach of oral or written express or implied contract, promissory estoppel, or quantum meruit, including any employment-related offer or agreement and including any claims for breach of the implied duty of good faith and fair dealing; c) claims for personal injury, harm, or other damages (whether intentional or unintentional and whether occurring on the job or not, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacy, and other such claims); d) claims arising from the termination of employment, including, without limitation, public policy, discrimination, or retaliation claims under statute or common law; e) claims for wages, commissions, bonuses, equity or other incentive programs, or any other form of compensation other than any pending workers' compensation benefits claim; or f) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act of 1974. NOTHING IN THIS AGREEMENT SHALL CONSTITUTE OR BE CONSTRUED AS A WAIVER, RELEASE OR DISCHARGE OF, OR AS AN ATTEMPT TO WAIVE, RELEASE OR DISCHARGE, (ERISA)I) ANY RIGHT OR CLAIM FOR RIGHTS UNDER THIS AGREEMENT, as amended(II) ANY RIGHT OR CLAIM WHICH IS NOT WAIVABLE AS A MATTER OF LAW, the Occupational Safety and Health Act(III) ANY CLAIM ARISING AFTER THE DATE OF EMPLOYEE’S SIGNATURE ON THIS AGREEMENT, as amended(IV) ANY CLAIM FOR INDEMNITY EMPLOYEE MAY BE OTHERWISE ENTITLED TO MAKE AS A FORMER OFFICER OF THE COMPANY; OR (V) ANY RIGHTS EMPLOYEE HAS UNDER THE EQUITY AGREEMENT BETWEEN EMPLOYEE AND CRESTWOOD HOLDINGS PARTNERS LLC DATED SEPTEMBER 2, the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulations, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residence, and all common law claims of the State of New York and the state of Employee’s residence, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectively, “Claims”). The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 are expressly contingent upon Employee’s satisfaction of the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A), Employer shall have no further obligation to pay or provide any of the payments or benefits provided in paragraph 3 of this Agreement, but all other terms of this Agreement shall remain in full force and effect2010.

Appears in 1 contract

Samples: Separation Agreement (Crestwood Midstream Partners LP)

AutoNDA by SimpleDocs

Employee Release. Except as described in paragraph 9 below, Employee, for and on behalf of Employee and Employee’s heirs, executors, administrators, and assigns, knowingly releases and discharges AngioDynamics, Inc. and its subsidiaries, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciaries, and all of its and their current and former directors, officers, employees, and agents, in their individual and representative capacities (together, the “Released Parties”) RELEASES AND DISCHARGES Employer from all claims, actions, causes of action, suits, charges, damages, damages and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released PartyEmployer, directly or indirectly, whether known or unknown, from the beginning of time his/her employment to the date of this Agreement. Employee acknowledges that this RELEASE Release includes all claims arising out of Employee’s his employment and the termination of that employment, whether before courts, administrative agencies, or other forums wherever situated, including, including but not limited to, to all claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code, the Americans with Disabilities Act, as amended, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act (ERISA), as amended, the Occupational Safety and Health Act, as amended, the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal laws and regulationsfederal, and any other state or local employment laws and regulations of the State of New York and the state of Employee’s residenceregulations, and all common law claims of the State of New York and the state of Employee’s residenceYork, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs, costs and expenses, and any other claims arising out of or related to Employee’s employment with Employer, and the termination of that employment (collectivelyemployment, “Claims”)but specifically excepting from this Release Employer’s obligations to Employee under this Agreement. The foregoing RELEASE shall not apply to the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of this Agreement; it being understood and agreed that the payments and benefits set forth in paragraph 3 “3” are expressly contingent upon Employee’s satisfaction of on Employee executing and providing to Employer the Conditions, and if General Release attached as Appendix “A” on the Conditions are at any time not satisfied (including, without limitation, because Retirement Date. If Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A)the General Release, Employer shall have no further obligation to pay or provide make any of the separation payments or benefits provided in paragraph 3 of under this Agreement, but all other terms of this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Retirement and Separation Agreement (Angiodynamics Inc)

Employee Release. Except as In consideration for the receipt of the separation pay and other benefits described in paragraph 9 below, this Agreement and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Employee, for and on behalf of Employee and Employee’s heirshereby waives, executors, administrators, and assigns, knowingly voluntarily releases and forever discharges AngioDynamicsEmployer, Inc. and its subsidiariesparent companies, predecessors, divisions, affiliates, successors, assigns, employee benefit plans, fiduciariesaffiliates and subsidiaries, and all of its and their current and former directorsrespective shareholders, employees, officers, employeesrepresentatives, agents, and agents, in their individual and representative capacities directors (together, collectively “the “Released PartiesCompany”) from all claims, actions, causes of action, suits, charges, damages, and demands whatsoever, in law or equity, which Employee ever had, has or hereafter may have against any Released Party, directly or indirectly, whether known or unknown, from the beginning of time to the date of this Agreement. Employee acknowledges that this RELEASE includes all following: • All claims arising out of or relating to Employee’s employment and with the termination of Company or Employee’s separation from that employment; • All claims arising out of or relating to any written or implied personnel policy or practice of the Company or the statements, whether before courtsactions, administrative agenciesor omissions of the Company; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other forums wherever situatedalleged unlawful practices arising under any federal, includingstate, but not limited toor local statute, all ordinance, or regulation, including without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, ; the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Americans with Disabilities ActAct of 1990, as amended; 42 U.S.C. 12101, the Fair Labor Standards Act, the National Labor Relations Act, as amended, the Equal Pay Act, et. seq.; the Family and Medical Leave Act, as amended, Act of 1993; the Employee Retirement Income Security Act (ERISA), as amended, of 1974; the Occupational Safety Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Health Retraining Notification Act, as amended, ; the New York Human Civil Rights Law, Act of 1991; the New York Labor Law, Fair Credit Reporting Act; the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, Older Workers Benefit Protection Act; and any other federal laws and regulationsfederal, and any other state or local employment laws anti-discrimination acts, state wage acts and regulations non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; breach of the State contract; breach of New York implied contract; failure to keep any promise; breach of a covenant of good faith and the state fair dealing; breach of fiduciary duty; promissory estoppel; Employee’s residenceactivities, and all common law claims of the State of New York and the state of Employee’s residenceif any, including, but not limited to, claims of express or implied contract, wrongful discharge, as a “whistleblower”; defamation, slander, intentional and negligent ; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation of any other principle of common law; • Except as otherwise excepted or provided for herein or as relates to consulting payments, all claims for compensation of any kind, including without limitation, commission payments, bonus payments, equity awards (including any February 2010 awards), vacation pay, and all expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and expensesinterest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, and or by any other claims arising out of state or related to federal agency on Employee’s behalf in connection with Employee’s employment with Employer, and the or termination of employment from Employer. Employer acknowledges and understands, however, that employment (collectively, “Claims”). The foregoing RELEASE shall Employee does not apply release any claims that the law does not allow to be waived or any claims that may arise after the extent prohibited by law or to Employee’s right to enforce the terms of paragraph 3 of date on which Employee signs this Agreement; it being understood and agreed that . Employee also agrees not to seek re-employment with Employer in the payments and benefits set forth in paragraph 3 are expressly contingent upon Employee’s satisfaction of the Conditions, and if the Conditions are at any time not satisfied (including, without limitation, because Employee fails to timely sign this Agreement, including Exhibits A and B hereto, or revokes Employee’s release provided in this Agreement or Exhibit A), Employer shall have no further obligation to pay or provide any of the payments or benefits provided in paragraph 3 of this Agreement, but all other terms of this Agreement shall remain in full force and effectfuture.

Appears in 1 contract

Samples: Separation Agreement (Viad Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!