Employee’s General Release. In consideration for the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee hereby irrevocably and unconditionally releases and forever discharges the Company, its predecessors, successors, subsidiaries, affiliates and benefit plans, and each and every past, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plans, and their successors and assigns (collectively referred to herein as the "Company Releasees"), from any, every, and all charges, complaints, claims, causes of action, and lawsuits of any kind whatsoever, including, to the extent permitted under the law, all claims which Employee has against the Company Releasees, or any of them, arising from or in any way related to circumstances or events arising out of Employee's employment by the Company, including but not limited to, harassment, discrimination, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with any and all other claims based on the Company's employment of Employee, or any other event occurring prior to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERAL, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT AND
Appears in 1 contract
Samples: Resignation and Consulting Agreement (Callaway Golf Co /Ca)
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; any and all rights, actions, claims, or liability arising under any District of Columbia statute or regulation, including but not limited to, harassmentthe District of Columbia Human Rights Act, discriminationthe District of Columbia Family and Medical Leave Act, the District of Columbia Accrued Sick and Safe Leave Act, and all other statutory and common law claims in the District of Columbia that may be lawfully waived by agreement, except those claims or proceedings necessary to enforce the provisions of this Agreement; 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, failure to progressively discipline Employeeharassment, termination of Employee's employmentand any other claims for any other unlawful employment practices, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on the Company's employment for compensation of Employeeany 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; and, any and all claims for monetary or any other event occurring prior equitable relief, including but not limited to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALattorneys' fees, SEXback pay, PREGNANCYfront pay, RACEreinstatement, COLORexperts' fees, NATIONAL ORIGINmedical fees or expenses, MARITAL STATUScosts, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDand disbursements.
Appears in 1 contract
Samples: Separation Agreement
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; claims for discrimination in violation of the Pennsylvania Human Relations Act, and claims for wrongful discharge, discrimination, retaliation, or other violation of the Pennsylvania Whistleblower Law; any and all claims arising under tort, contract, and quasi-contract law, including but not limited toto 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, harassment, discriminationand any other claims for any other unlawful employment practices, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on the Company's employment for compensation of Employeeany 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; and, any and all claims for monetary or any other event occurring prior equitable relief, including but not limited to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALattorneys' fees, SEXback pay, PREGNANCYfront pay, RACEreinstatement, COLORexperts' fees, NATIONAL ORIGINmedical fees or expenses, MARITAL STATUScosts, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDand disbursements.
Appears in 1 contract
Samples: Separation Agreement
Employee’s General Release. In consideration for the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee hereby irrevocably and unconditionally releases and forever discharges the Company, its predecessors, successors, subsidiaries, affiliates and benefit plans, and each and every past, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plans, and their successors and assigns (collectively referred to herein as the "Company Releasees"), from any, every, and all charges, complaints, claims, causes of action, and lawsuits of any kind whatsoever, including, to the extent permitted under the law, all claims which Employee has against the Company Releasees, or any of them, arising from or in any way related to circumstances or events arising out of Employee's employment by the Company, including but not limited to, harassment, discrimination, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with any and all other claims based on the Company's employment of Employee, or any other event occurring prior to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERAL, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDAND RETRAINING NOTIFICATION ACT, ALL AS AMENDED, WHETHER SUCH CLAIM BE BASED UPON AN ACTION FILED BY EMPLOYEE OR A GOVERNMENTAL AGENCY. Provided. however, that nothing in the foregoing or otherwise in this Agreement is intended to waive any of Employee's rights to have the Company defend and/or indemnify him in accordance with the General Corporation Law of Delaware and the Bylaws of the Company, as the same now exist or may hereafter be amended, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred in connection with any threatened, pending or completed action, suit, or proceeding in which Employee was or is a party or is threatened to be made a party by reason of the fact that Employee is or was a director or officer of the Company.
Appears in 1 contract
Samples: Resignation Agreement and General Release (Callaway Golf Co /Ca)
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; any and all claims arising under any state or local statute, rule, ordinance, regulation, or executive order, including, but not limited to: the Massachusetts Wage Act and the Massachusetts Fair Employment Practices Act, and any other cause of action including breach of contract, violation of internal procedure or policy, wrongful termination in violation of public policy, wrongful discharge or termination, defamation, loss of reputation, interference with contractual relations or prospective economic advantage, retaliation, and intentional infliction of emotional distress; any and all claims arising under tort, contract, and quasi-contract law, including but not limited toto 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, harassment, discriminationand any other claims for any other unlawful employment practices, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on the Company's employment for compensation of Employeeany 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; and, any and all claims for monetary or any other event occurring prior equitable relief, including but not limited to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALattorneys' fees, SEXback pay, PREGNANCYfront pay, RACEreinstatement, COLORexperts' fees, NATIONAL ORIGINmedical fees or expenses, MARITAL STATUScosts, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDand disbursements.
Appears in 1 contract
Samples: Separation Agreement
Employee’s General Release. In consideration Employee, individually and for Employee’s heirs, legal representatives, successors, administrators and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement“Releasors”), Employee hereby forever, irrevocably and unconditionally releases and forever discharges the CompanyEmployer, its predecessors, successorsparent company, subsidiaries, affiliates its and benefit their respective successors, affiliates, and assigns, and its and their respective current and former employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "Company “Employer Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, suits, debts, complaints, damages, losses, liabilities and lawsuits demands of any kind whatsoevertype or nature whatsoever (collectively, including“Claims”), arising out of any acts or omissions by any of the Employer Releasees up to and including the extent permitted under the lawdate of this Agreement that Releasors may have, all claims which Employee has against the Company Releaseeshave ever had, or any of themmay have in the future arising out of, arising from or in any way related to circumstances Employee’s hire, benefits, employment, termination or events separation from employment, and any acts or omissions that relate to Employee’s work or employment with Employer or any of its affiliates, whether such Claims are past or present, known, suspected, or unknown. Without limitation of the foregoing general release, Employee, for himself and the Releasors, expressly acknowledges that this release specifically includes, but is not limited to, a waiver and release by Employee and the Releasors of the Employer Releasees for:
(i) All Claims arising out on or before the date this Agreement is executed by Employee for any alleged violation by Employer or any of Employee's employment by the CompanyEmployer Releasees of any federal, state, or local statutes, ordinances, or common laws, including the Age Discrimination in Employment Act of 1967 (the “ADEA”), Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Worker Adjustment and Retraining Notification Act, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Americans with Disabilities Act, the Family Medical Leave Act, the Employee Retirement Income Security Act, the Arizona Civil Rights Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, and for any known and unknown Claims under any other federal, state, or local statute, common law, acts, rules, ordinance, regulations, or other laws.
(ii) any and all Claims arising under tort, contract (including the Employment Agreement and the Prior Employment Agreements), and quasi-contract law, including but not limited toto 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, harassment, discriminationand any other Claims for any other unlawful employment practices, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable;
(iii) any and all other claims based on the Company's employment 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; 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. This general release does not apply to Claims that cannot be waived or released by law. This general release does not apply to, and Employee does not waive or forfeit, (A) Employee’s right to receive his vested benefits under any employee benefit plan of Employer (but Employee will forfeit his right to receive any further severance or unvested bonus award not described in Section 2); (B) any rights to indemnification and advancement of expenses under Employer’s governing documents, any directors’ and officers’ liability insurance policies or applicable law; or (C) any other event occurring prior rights under the Employment Agreement that are expressly intended to the date survive a termination of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERAL, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDemployment or be paid in connection with such termination of employment.
Appears in 1 contract
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; any and all rights, actions, claims (including medical and health benefit claims), or liability under (a) any state or local statute, ordinance, rule, regulation, or executive order, including but not limited to, harassmentthe Arizona Wage Act, discriminationArizona Equal Pay Act, Arizona Employment Protection Act, Arizona Civil Rights Act, Arizona Occupational Health and Safety Act, Arizona Right to Work Act, Arizona Drug Testing of Employees Act, Arizona Medical Marijuana Act, Arizona criminal code, and all state or local whistleblower protection statutes, codes, or regulations, or (b) common law principles, including tort, contract, and equitable claims, except claims or proceedings necessary to enforce the provisions of this Agreement; 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, failure to progressively discipline Employeeharassment, termination of Employee's employmentand any other claims for any other unlawful employment practices, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on the Company's employment for compensation of Employeeany 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; and, any and all claims for monetary or any other event occurring prior equitable relief, including but not limited to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALattorneys' fees, SEXback pay, PREGNANCYfront pay, RACEreinstatement, COLORexperts' fees, NATIONAL ORIGINmedical fees or expenses, MARITAL STATUScosts, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDand disbursements.
Appears in 1 contract
Samples: Separation Agreement
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or severance from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; claims for violations of the Vermont Fair Employment Practices Act, the Vermont Parental and Family Leave Act, and any other state or local law or ordinance; any and all claims arising under tort, contract, and quasi-contract law, including but not limited toto 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, harassment, discriminationand any other claims for any other unlawful employment practices, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on 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; and, 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. These releases cover both claims that Employee knows about or may not know about or expect to exist, at the Company's employment time of Employee, or any other event occurring prior to the date signing of this the Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERAL, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT AND.
Appears in 1 contract
Samples: Severance Agreement
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, including whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to, harassment, discrimination, retaliation, failure to progressively discipline Employee, termination : claims for violations of Employee's employment, and/or breach Title VII of the Executive Officer Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment AgreementAct, together the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and all their respective implementing regulations, any other claims federal, state, local, or foreign employment laws based on the Company's employment of Employeerace, gender, or age or any other event occurring prior to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALprotected class status, SEXand any other federal, PREGNANCYstate, RACElocal, COLORor foreign law (statutory, NATIONAL ORIGINregulatory, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDor otherwise) that may be legally waived and released;
Appears in 1 contract
Samples: Separation Agreement
Employee’s General Release. In consideration for Employee and Employee’s heirs, legal representatives, successors, and assigns (collectively, the Severance Payment and other consideration described in section 2 and the other obligations agreed to by the Company pursuant to this Agreement, Employee “Releasors”) hereby forever irrevocably and unconditionally releases release and forever discharges discharge the Company, Company and its predecessorssubsidiaries, successors, subsidiariesaffiliates, affiliates and benefit assigns, and its current and former Employees, officers, directors, shareholders, attorneys, plans, and each and every pastinsurers, present and future officer, director, employee, representative and attorney of the Company, its, predecessors, successors, subsidiaries, affiliates and benefit plansfiduciaries, and their successors and assigns agents (collectively referred to herein as the "“Company Releasees"), ”) from any, every, and all charges, complaints, any claims, causes of actionactions, and lawsuits suits, debts, complaints, or demands of any kind nature whatsoever, arising out of any acts or omissions by any of the Company Releasees up to and including the date of this Agreement, including, to the extent permitted without limitation, any claims under the any federal, state, local, or foreign law, all claims which Employee has against the Company Releaseesthat Releasors may have, have ever had, or any of themmay in the future have arising out of, arising from or in any way related to circumstances or events arising out of the Employee's hire, benefits, employment, termination, or separation from employment by with the CompanyCompany any acts or omissions which relate to Employee’s work or employment with the Company or any of its affiliates, whether such claims are past or present, known, suspected, or unknown, and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: claims for violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act (with respect to existing but not prospective claims), the Equal Pay Act, the Employee Retirement Income Security Act (with respect to unvested benefits), the Fair Labor Standards Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, all including any amendments and their respective implementing regulations, any other federal, state, local, or foreign employment laws based on race, gender, or age or any other protected class status, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; any and all claims arising under any state or local statute, rule, ordinance, regulation, or executive order, including, but not limited to: the Kentucky Civil Rights Act, the Kentucky Equal Pay Act, the Kentucky Equal Opportunities Act, the Kentucky Wages and Hours Act, the anti-retaliation provisions under the Kentucky Workers’ Compensation Law, the Kentucky Occupational Safety and Health Act, Section 446.070 of the Kentucky Revised Statutes, intentional or negligent infliction of emotional distress, defamation, invasion of privacy, tortious interference with contractual relations, wrongful discharge, constructive discharge, outrage, promissory estoppel, claims, or demands arising under either express or implied contract, breach of contract, tort, or public policy; any and all claims arising under tort, contract, and quasi-contract law, including but not limited toto 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, fraud, misrepresentation, promissory estoppel, detrimental reliance, invasion of privacy, negligence or other breach of duty, 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, retaliation, harassment, discriminationand any other claims for any other unlawful employment practices, retaliation, failure to progressively discipline Employee, termination of Employee's employment, and/or breach of the Executive Officer Employment Agreement, together with whether legal or equitable; any and all other claims based on the Company's employment for compensation of Employeeany 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; and, any and all claims for monetary or any other event occurring prior equitable relief, including but not limited to the date of this Agreement. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST THE COMPANY RELEASEES BASED ON STATE OR FEDERALattorneys' fees, SEXback pay, PREGNANCYfront pay, RACEreinstatement, COLORexperts' fees, NATIONAL ORIGINmedical fees or expenses, MARITAL STATUScosts, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, TITLE VII, THE AMERICANS WITH DISABILITIES ACT, AND THE CALIFORNIA FAIR HOUSING AND EMPLOYMENT ACT, OR BASED ON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OR THE WORKER ADJUSTMENT ANDand disbursements.
Appears in 1 contract
Samples: Separation Agreement