Common use of Employee’s General Release and Waiver of Claims Clause in Contracts

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's heirs, executors, representatives, administrators, agents, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entities, subsidiaries, affiliates, related entities, franchisor, affiliated entities, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agents, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's hire, benefits, employment, termination, or separation from employment with the Company by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreement, including, but not limited to: i. any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act, the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; ii. any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; iii. any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot be waived by law; (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Sonoma Pharmaceuticals, Inc.)

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Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entities’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and each of its and their respective officers, directors, managers, employees, shareholders, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's hire, benefits, employment, termination, or separation from employment with the Company Company, by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreement, including, but not limited to: i. (a) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection ActUniform Services Employment and Reemployment Rights Act (USERRA), the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; ii. (b) any and all claims under the state or Federal Civil Rights Act (CRA), the Whistleblower Protection Act (WA), Workers' Compensation Law Retaliation Act (WCA), Wage Discrimination Law, Minimum Wage Act, Equal Pay Law, AIDS Act, Discrimination on the Basis of Sickle Cell Trait Law, OSHA, the Constitution all including any amendments and their respective implementing regulations, and any other state or local law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (c) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; iii. (d) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, violation of biometric and data privacy laws, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. (e) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot be waived by law; (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Separation and General Release Agreement (Peak Bio, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, and except as specifically provided below, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and Mr. Xxxxxx Xxxx February 28, 2023 unconditionally fully and forever waive, release, and discharge the CompanyEmployer, including the Company's current Employer’s subsidiaries, affiliates, predecessors, successors, and former assigns, and each of its and their respective officers, directors, ownersemployees, shareholders, partners, employees, parent companies and other related persons or entities, subsidiaries, affiliates, related entities, franchisor, affiliated entities, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agents, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's ’s hire, benefits, employment, termination, or separation from employment with the Company Employer by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this AgreementExecution Date, including, but not limited to: i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act, the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination New York State Human Rights Law (NYSHRL), the New York Labor Law (NYLL) (including but not limited to the Retaliatory Action by Employers Law, 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, Article 23-A of the New York Correction Law, the New York City Human Rights Law (NYCHRL), the New York State mini-WARN Act, and the New York City Earned Safe and Sick Leave Law, Any claims under North Carolina or other state laws, including but not limited to the Retaliatory Employment Discrimination Act (XXXX), the Washington Industrial Welfare North Carolina Persons with Disabilities Protection Act (IWAPDPA), the Washington Law Against Discrimination Equal Employment Practices Act (WLADEEPA), the Washington Family Leave Act N.C.G.S. § 95-28.1 (FLAwhich prohibits discrimination against any person possessing sickle cell trait or hemoglobin C trait), the Washington Leave LawN.C.G.S. § 95-28.1A, the Washington Minimum Wage Requirements and Labor Standards ActN.C.G.S. § 95-28.2 , Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOAN.C.G.S. § 130A-148(i), the Washington Fair Chance Act (FCA),N.C.G.S. § 9- 32, N.C.G.S. §§ 127A-201 to 127A-203, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii. ) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, Mr. Xxxxxx Xxxx February 28, 2023 incentive compensation, vacation, and severance severance, including under the Foot Locker, Inc. Severance Pay Plan, that may be legally waived and released; (iii. ) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, intentional or tortious interference with contract or prospective business advantageadvantage or business relationship, negligent or intentional misrepresentation, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, assault, battery, false imprisonment, invasion of privacy, fraudulent inducement, fraudulent concealment, constitutional violation, wrongful termination or discharge, and negligent or intentional infliction of emotional distress; and (iv. ) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Divisionthe New York State Division of Human Rights, the New York City Commission on Human Rights, or other similar federal federal, state, or state local administrative agencies, although the Employee waives any right to monetary relief or any other legal or equitable relief whatsoever related to any filed charge or administrative complaintcomplaint by Employee or anyone else on Employee’s behalf; (B) claims that cannot be waived by law; (C) indemnification rights claims arising after the Employee has against the CompanyEffective Date of this Agreement; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension retirement, welfare, or retirement equity benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If ; (E) Employee’s rights to any continuation of health coverage, pursuant to the Employee applies for unemployment benefitsConsolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), subject to the terms and conditions of the applicable Employer health plan and applicable law; (F) Employee’s rights to indemnification as provided by, and in accordance with the terms of, the Company shall Employer’s by-laws or other organizational documents or policies, any Employer insurance policy (including, but not actively contest it. Howeverlimited to, the Company will respond truthfully, completelydirectors and officers liability insurance) providing such coverage, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law; (G) Employee’s rights and obligations as a shareholder or equity-holder of the Employer, to the extent provided by law; and (H) Employee’s right to enforce this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Foot Locker, Inc.)

Employee’s General Release and Waiver of Claims. In x. Xx exchange for the consideration severance benefits provided in to you under this Agreement, to which you would not otherwise be entitled, and other good and valuable consideration, the Employee receipt and the Employee's sufficiency of which is hereby acknowledged, on your own behalf and that of your heirs, executors, representatives, administrators, agentsbeneficiaries, personal representatives and assigns (collectivelyassigns, the "Releasors") irrevocably you agree that this Agreement shall be in complete and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former final settlement of its officers, directors, owners, partners, employees, parent companies or entities, subsidiaries, affiliates, related entities, franchisor, affiliated entities, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agents, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actionsaction, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, rights and expenses (inclusive of attorneys' fees) of any kind whatsoeverclaims, whether known or unknown (collectivelyunknown, "Claims")accrued or unaccrued, contingent or otherwise, that Releasors may you have or have ever had against in the Released Partiespast, now have, or any of themmight now have, arising out of, or in any way related to the Employee's hireto, benefits, employment, connected with or arising out of your employment or its termination, or separation from employment with under the Company by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Employment Agreement, including, but not limited to: i. any and all claims under the Temporary Assignment or pursuant to Title VII of the Civil Rights Act of 1964 (Title VII)1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA)Act, as amended by the Older Workers Benefit Protection Act, the Immigration Reform Worker Adjustment and Control Act (IRCA)Retraining Notification Act, the Genetic Information Nondiscrimination Act (XXXX)Employee Retirement Income Security Act, the Washington Industrial Welfare Act (IWA)wage and hour, the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements wage payment and Labor Standards Act, Title 49 fair employment practices laws and statutes of the Revised Code Commonwealth of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, Massachusetts and any other state or states in which you have provided services to the Company (each as amended from time to time), and/or any other foreign, federal, statestate or local law, local, regulation or foreign law other requirement (statutory, regulatory, or otherwise) that may be legally waived and released; howevercollectively, the identification of specific statutes is for purposes of example only“Claims”), and you hereby release and forever discharge the omission Company, its Affiliates and all of their respective past, present and future directors, shareholders, officers, members, managers, general and limited partners, employees, employee benefit plans, administrators, trustees, agents, representatives, successors and assigns, and all others connected with any specific statute or law shall not limit the scope of this general release them, both individually and in any manner; ii. their official capacities, from, and you hereby waive, any and all such Claims. This release shall not apply to any claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may not be waived pursuant to applicable law. b. This Agreement, which includes the release of claims set forth in Section 9(a), creates legally waived binding obligations and released; iiithe Company therefore advises you to consult an attorney before you sign this Agreement. In signing this Agreement, you give the Company and its Affiliates assurance that you have signed it voluntarily and with a full understanding of its terms; that you have had sufficient opportunity of not less than twenty-one (21) days before signing this Agreement to consider its terms and to consult with an attorney, if you wished to do so, or to consult with any of those other persons to whom reference is made in Section 6(b) above; and all claims arising under tortthat you have not relied on any promises or representations, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contractimplied, tortious interference that are not set forth expressly in this Agreement. c. Nothing contained in this Agreement shall be construed to prohibit you from filing a charge with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or participating in any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, investigation or proceeding conducted by, by the federal Equal Employment Opportunity CommissionCommission or a comparable state or local agency, Civil Rights Divisionprovided, however, that you hereby agree to waive your right to recover monetary damages or other individual relief in any charge, complaint or lawsuit filed by you or by anyone else on your behalf. Further, and for the avoidance of doubt, none of your Continuing Obligations, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot be waived by law; (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing anything contained in this Agreement is intended to Agreement, limits, restricts or will be used in any other way affects your communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to limit Employees’ rights to communicate with a government agency, as provided for, protected under the governmental agency or warranted by applicable lawentity.

Appears in 1 contract

Samples: Severance Agreement (Aegerion Pharmaceuticals, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the CompanyEmployer Group, including each member of the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entitiesEmployer Group’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and all of their respective officers, directors, employees and shareholders, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contributionobligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown unknown, from the beginning of time through the Execution Date (collectively, "Claims"), including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have or have, have ever had against the Released Partieshad, or any of them, may in the future have arising out of, or in any way related to the Employee's ’s hire, benefits, employment, termination, or separation from employment with the Company by reason of Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreementmatter, including, but not limited to: i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII)1964, the Americans with Disabilities Act (ADA)Act, as amended, the Family and Medical Leave Act (FMLA) (regarding with respect to existing but not prospective claims), the Fair Labor Standards Act (FLSA)Act, the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding with respect to unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act, the Industrial Welfare Act, Occupational Safety and Health Act (NLRAOSHA), the Age Discrimination in California Fair Employment Act (ADEA), the Older Workers Benefit Protection and Housing Act, the Immigration Reform and Control Act (IRCA)California Labor Code, the Genetic Information Nondiscrimination Act (XXXX)California Family Rights Act, the Washington State Minimum Wage Act, the Washington State Family Leave Act, the Washington State Family Care Act, the Washington State Law Against Discrimination, and the Washington State Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii. ) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; (iii. ) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv. ) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs costs, and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; and (B) claims any other claim that cannot be waived by law; (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (theMaven, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entitiesEmployer’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and all of their respective officers, directors, employees, shareholders, trustees, partners and other related persons or entities, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contributionobligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown unknown, from the beginning of time through the date of the Employee’s execution of this Agreement (collectively, "Claims"), including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have or have, have ever had against the Released Partieshad, or any of them, may in the future have arising out of, or in any way related to the Employee's ’s hire, benefits, employment, termination, or separation from employment with the Company by reason of and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreementmatter, including, but not limited to:: ​ i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII)1964, the Americans with Disabilities Act (ADA)Act, as amended, the Family and Medical Leave Act (FMLA) (regarding with respect to existing but not prospective claims), the Fair Labor Standards Act (FLSA)Act, the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding with respect to unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA)Act, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act, the Immigration Reform Uniform Services Employment and Control Act (IRCA)Reemployment Rights Act, the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washingtonall state and local laws that may be legally waived, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii. ) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released;; ​ (iii. ) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv. ) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs costs, and disbursements; and ​ (v) any state or local law applicable to employment, punitive damagesany applicable county ordinance; all common law claims (including any breach of any contract, liquidated damagesexpress or implied, wrongful discharge). In releasing the directors, officers, employees, representatives, and penaltiesagents of the Company, Employee is releasing each of them in their individual capacities as well as in their official capacities with the Company. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; and (B) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; (C) indemnification rights the Employee has against the CompanyEmployer; (D) claims for coverage any right to file an unfair labor practice charge under any D&O the National Labor Relations Act or other similar insurance policyEmployee’s rights under a collective bargaining agreement without processes; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department applicable state unemployment insurance agency or department of labor concerning the termination of Employee's ’s employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.​ ​

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (EXP World Holdings, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's heirs, executors, representatives, agents, insurers, administrators, agentssuccessors, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entities, subsidiaries, affiliates, related entities, franchisor, affiliated entities, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsEmployer Group, in their corporate and individual capacities (collectively, the "Released PartiesReleasees"), ) from any and all claims, demands, actions, causes of actions, indemnification, contributionobligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown whatsoever (collectively, "Claims"), whether known or unknown, from the beginning of time to the date of the Employee's execution of this Agreement, including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have or have, have ever had against or may in the Released Parties, or any of them, future have arising out of, or in any way related to the Employee's hire, benefits, employment, termination, or separation from employment with the Company by reason of Employer Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreementmatter, including, but not limited to: i. (a) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII)Act, as amended, the Americans with Disabilities Act (ADA)Act, as amended, the Family and Medical Leave Act (FMLA) (regarding Act, as amended, with respect to existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, as amended, the Employee Retirement Income Security Act Act, as amended (ERISA) (regarding with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA)as amended, the Age Discrimination in Employment Act (ADEA)Act, as amended, the Older Workers Benefit Protection Uniform Services Employment and Reemployment Rights Act, the Immigration Reform and Control Act (IRCA)as amended, the Genetic Information Nondiscrimination Act (XXXX)of 2008, the Washington Industrial Welfare Act (IWA), the Washington Law Against Retaliatory Employment Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 Persons with Disabilities Protection Act, Discrimination Against Persons with Sickle Cell Trait, Discrimination Based Upon Genetic Testing and Information, Discrimination Based Upon Use of the Revised Code of WashingtonLawful Products, the Washington Equal Pay Opportunity Act (EPOA)Discrimination Based Upon AIDS or HIV Status, the Washington Fair Chance Act (FCA),Hazardous Chemicals Right to Know Act, Jury Service Discrimination, and Military Service Discrimination, all including any amendments and of their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; ii. (b) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; iii. (c) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. (d) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs costs, and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, with the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed such a charge or administrative complaint; (B) claims that which cannot be waived by law; and (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefitsbenefits under the Company’s welfare and retirement plans, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable lawdocuments.

Appears in 1 contract

Samples: Separation Agreement (Dollar Tree, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the CompanyCompany and its subsidiaries, including the Company's current and other corporate affiliates, and each of their respective present and former of its employees, officers, directors, owners, partners, employees, parent companies or entities, subsidiaries, affiliates, related entities, franchisor, affiliated entities, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representativesshareholders, and agents, individually and in their corporate and individual official capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims")unknown, that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's ’s hire, benefits, compensation, employment, termination, or separation from employment with the Company by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's execution of this Agreement, including, but not limited to: i. : any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection ActAct (OWBPA), the Uniform Services Employment and Reemployment Rights Act (USERRA), the Genetic Information Nondiscrimination Act (XXXX), the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Florida Private Whistleblower's Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; ii. any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; iii. any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot be waived by law; (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Employment Agreement (Mastec Inc)

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Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this AgreementAgreement within sixty (60) days following the Separation Date, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the Company, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entities’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and each of its and their respective officers, directors, employees, shareholders, trustees, and partners, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "“Released Claims"), that the Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's hire, benefits, employment, termination, or separation from employment with the Company by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's ’s execution of this Agreement, including, including but not limited to: i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII)1964, the Americans with Disabilities Act (ADA)Act, the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA)Act, the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA)Act, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Workers’ Benefits Protection Act (“OWBPA”), the Uniform Services Employment and Reemployment Rights Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act (IRCA)Act, the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Texas Commission on Human Rights Act, Title 49 ; Chapter 451 of the Revised Code Texas Labor Code; the Texas Payday Law; the Texas Health and Safety Code; the Texas Occupational Health and Safety Law; the Texas Juror Protection Law; Chapter 431 of Washington, the Washington Equal Pay Opportunity Act (EPOA), Texas Government Code; Chapter 431 of the Washington Fair Chance Act (FCA),Texas Government Code; the Texas Hazard Communication Act, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner;. (ii. ) any and all claims arising under tort, contract, and quasi-contract, including but not limited to claims of breach of an express or implied contract, wrongful or retaliatory discharge, fraud, defamation, negligent or intentional infliction of emotional distress, tortious interference with a contract or prospective business advantage, breach of the implied covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, false imprisonment, nonphysical injury, personal injury or sickness, or any other harm. (iii) any and all claims for compensation of any type whatsoever, including but not limited to claims for wages, salary, wages, bonuses, commissions, incentive compensation, vacation, sick pay, and severance that may be legally waived and released;. iii. any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv. ) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' expert fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. (v) indemnification rights the Employee has against the Company. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (Ai) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, by the Equal Employment Opportunity Commission, Civil Rights Divisionthe Texas Workforce Commission, or other similar federal federal, state, or state local administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (Bii) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; (Ciii) indemnification rights any right to file an unfair labor practice charge under the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policyNational Labor Relations Act; and (Eiv) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company shall not actively contest it. However, the Company will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Department concerning the termination of Employee's employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Severance Agreement (NuZee, Inc.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the CompanyEmployer, including each member of the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entitiesEmployer’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and each of its and their respective officers, directors, employees, shareholders, trustees, and partners, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's ’s hire, benefits, employment, termination, or separation from employment with the Company Employer by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's ’s execution of this Agreement, including, but not limited to: i. any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection ActUniform Services Employment and Reemployment Rights Act (USERRA), the Genetic Information Nondiscrimination Act (GXXX), the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act (XXXX), the Washington Industrial Welfare Act (IWA), the Washington Law Against Discrimination (WLAD), the Washington Family Leave Act (FLA), the Washington Leave Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOA), the Washington Fair Chance Act (FCA),all applicable state and local laws that may be waived, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; ii. any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; iii. any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and iv. any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) Al any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Division, Commission or other similar federal or state administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) Bl claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; (C) indemnification rights the Employee has against the CompanyEmployer; (D) claims for coverage Dl any right to file an unfair labor practice charge under any D&O the National Labor Relations Act or other similar insurance policythe Employee’s rights under a collective bargaining agreement without processes; (El protections against retaliation under the Taxpayer First Act (26 U.S.C. § 2623(dll; and (E) Fl any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company Employer shall not actively contest it. However, the Company Employer will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security Nevada Labor Commissioner or the Nevada Department of Employment, Training & Rehabilitation concerning the termination of Employee's ’s employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Dragonfly Energy Holdings Corp.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee and the Employee's ’s heirs, executors, representatives, administrators, agents, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the CompanyEmployer, including the Company's current and former of its officers, directors, owners, partners, employees, parent companies or entitiesEmployer’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interestand assigns, and each of its and their respective officers, directors, employees, shareholders, trustees, advisors, legal counsel, representatives, and agentspartners, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors Employee ever had, may have or have ever had now has against the Released Parties, or any of them, arising out of, or in any way related to the Employee's hire, benefits, employment, termination, or separation from employment with the Company Parties by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter matter, thing, or event occurring from the beginning of time up to and including the date of the Employee's execution of this Agreement, including, including but not limited to those arising out of or related in any way to Employee’s employment with the Employer or the separation of that employment. This release specifically includes, but is not limited to, all claims for relief or remedies relating to: i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection ActUniform Services Employment and Reemployment Rights Act (USERRA), the Genetic Information Nondiscrimination Act (XXXX), the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act New York State Human Rights Law (XXXXNYSHRL), the Washington Industrial Welfare Act New York Labor Law (IWANYLL) (including but not limited to the Retaliatory Action by Employers Law, 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 Washington New York Civil Rights Law, Section 125 of the New York Workers Compensation Law, Article 23-A of the New York Correction Law, the New York City Human Rights Law Against Discrimination (WLADNYCHRL), and the New York City Earned Sick Leave Law (NYCESLL), the Washington Family Leave Act (FLA)Virginia Human Rights Act, Virginia Statutory Provisions Regarding Retaliation/Discrimination for exercising rights under the Workers’ Compensation Act, the Washington Leave LawVirginia Equal Pay Act, the Washington Minimum Wage Requirements and Labor Standards Virginians With Disabilities Act, Title 49 Virginia statutory provisions regarding AIDS testing, Virginia statutory provisions regarding wage payments, Virginia statutory provisions regarding occupational safety and health, Virginia Code Xxx. § 8.01-40 regarding unauthorized use of name or picture of any person, Virginia Code Xxx. § 40.1-27 regarding preventing employment by others of former employee, Virginia Code Xxx. § 40.1-28.7:2 regarding protection of crime victims’ rights in employment, Virginia Code Xxx. § 18.2-465.1 regarding protection of court witnesses’ and jurors’ rights in employment, Virginia Code Xxx. § 34-29, prohibiting discharge based on single indebtedness, Virginia Code Xxx. § 44-98, prohibiting interference with employment of members of Virginia National Guard, Virginia Defense Force, or naval militia, and Virginia Code Xxx. §§ 18.2-499 and 500 (the Revised Code of Washington, the Washington Equal Pay Opportunity Act (EPOAVirginia statutory conspiracy statutes), the Washington Fair Chance Act (FCA),, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii. ) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; (iii. ) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; (iv) any and all claims arising under or for breach of Employment Agreement, including, but not limited to any claims under Sections 2, 5, 6, or 8 of the Employment Agreement; and iv. (v) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties; and (vi) any indemnification rights the Employee may have against the Employer for any purpose or any indemnification obligations the Employer may have in favor of the Employee. Notwithstanding the foregoing, nothing in this Agreement is intended or should be construed to waive any rights that the Employee may have under XL Specialty Insurance Company Policy #ELU180624-22, maintained by Sino-Global Shipping America, Ltd., as policyholder (the “Policy”). (A copy of the Policy was provided to the Employee’s counsel on January 5, 2023.) However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Divisionthe New York State Division of Human Rights, the New York City Commission on Human Rights, or other similar federal federal, state, or state local administrative agencies, although the Employee waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot be waived by law; , and (C) indemnification rights the Employee has against the Company; (D) claims for coverage under any D&O or other similar insurance policy; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee applies for unemployment benefits, the Company Employer shall not actively contest it. However, the Company Employer will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security New York Department of Labor concerning the termination of Employee's ’s employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Separation Agreement and General Release (Singularity Future Technology Ltd.)

Employee’s General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Employee Executive and the Employee's ’s heirs, executors, representatives, administrators, agents, insurers, and assigns (collectively, the "Releasors") irrevocably and unconditionally fully and forever waive, release, and discharge the CompanyEmployer Group, including the Company's current and former Employer’s/each member of its officers, directors, owners, partners, employees, parent companies or entitiesthe Employer Group’s parents, subsidiaries, affiliates, related entities, franchisor, affiliated entitiespredecessors, successors-in-interest, predecessors-in-interest, advisors, legal counsel, representatives, and agentsassigns, and each of its and their respective officers, directors, employees, shareholders, trustees, and partners including but not limited to Xxxx Xxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx and Xxxxxx XxXxxxx in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of actions, indemnification, contribution, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys' fees) of any kind whatsoever, whether known or unknown (collectively, "Claims"), that Releasors may have or have ever had against the Released Parties, or any of them, arising out of, or in any way related to the Employee's ’s hire, benefits, employment, termination, or separation from employment with the Company Employer Group by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of time up to and including the date of the Employee's ’s execution of this Agreement, including, but not limited to: i. (i) any and all claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) (regarding existing but not prospective claims), the Fair Labor Standards Act (FLSA), the Equal Pay Act, the Employee Executive Retirement Income Security Act (ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection ActUniform Services Employment and Reemployment Rights Act (USERRA), the Genetic Information Nondiscrimination Act (XXXX),, the Immigration Reform and Control Act (IRCA), the Genetic Information Nondiscrimination Act New York State Human Rights Law (XXXXNYSHRL), the Washington Industrial Welfare Act New York Labor Law (IWANYLL) (including but not limited to the Retaliatory Action by Employers Law, 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 Washington Law Against Discrimination (WLAD)New York Civil Rights Law, Section 125 of the Washington Family Leave Act (FLA)New York Workers’ Compensation Law, Article 23-A of the Washington Leave New York Correction Law, the Washington Minimum Wage Requirements and Labor Standards Act, Title 49 of the Revised Code of Washington, the Washington Equal Pay Opportunity Act New York City Human Rights Law (EPOANYCHRL), and the Washington Fair Chance Act New York City Earned Sick Leave Law (FCA),, NYCESLL) all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii. ) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released; (iii. ) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv. ) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements, punitive damages, liquidated damages, and penalties; and (v) indemnification rights the Executive has against the Employer Group. However, this general release and waiver of claims excludes, and the Employee Executive does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, Civil Rights Divisionthe New York State Division of Human Rights, the New York City Commission on Human Rights, or other similar federal federal, state, or state local administrative agencies, although the Employee Executive waives any right to monetary relief related to any filed charge or administrative complaint; and (B) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; and (C) indemnification rights the Employee Executive has against the CompanyEmployer; and (D) claims for coverage any right to file an unfair labor practice charge under any D&O the National Labor Relations Act or other similar insurance policythe Employee’s rights under a collective bargaining agreement without processes; and (E) protections against retaliation under the Taxpayer First Act (26 U.S.C. § 2623(d)); and (F) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements. If the Employee Executive applies for unemployment benefits, the Company Employer Group shall not actively contest it. However, the Company Employer Group will respond truthfully, completely, and timely to any inquiries by the Washington Employment Security New York or any other state Department of Labor concerning the termination separation of Employee's Executive’s employment. Nothing in this Agreement is intended to or will be used in any way to limit Employees’ rights to communicate with a government agency, as provided for, protected under or warranted by applicable law.

Appears in 1 contract

Samples: Separation, Release of Claims, and Non Disclosure Agreement (Healthcare Solutions Management Group, Inc.)

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