Employee’s Release of All Claims Against Employer. A. In consideration of the covenants and other benefits described herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, and absolutely release and discharge Employer, and any and all predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and any predecessor or successor entities thereof, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan from any and all loss, liability, claims, demands, causes of action or suits of any type, whether in law or in equity, related directly or indirectly, or in any way connected with any transaction, affairs, or occurrences between them, including, without limitation, Employee's employment with Employer and/or the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement). This Agreement specifically applies, without limitation, to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Occupational Safety and Health Act, the Xxxxxxxx-Xxxxx Act of 2002, the California Labor Code, including, without limitation, section 1101, ET-SEQ., any applicable California Industrial Wage Orders, all as amended, and any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer and/or the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation benefits, pension, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer. B. Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, in any administrative agency, whether federal or state, or in any court, whether federal or state, any claim or demand of any type related to the matters released above, it being the intention of the Parties that with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and any predecessor or successor entities thereof, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan will be irrevocably, absolutely, unconditionally, and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged herein. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees that he will, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any and all funds received pursuant to this Agreement. Furthermore, if Employer should prevail concerning any or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' fees.
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Employee’s Release of All Claims Against Employer. A. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, bonuses and any and all other sums and/or other considerations due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants and other benefits described undertaken herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, irrevocably and absolutely release and discharge Employer, and any Employer and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys from any and all loss, liability, claims, demands, causes of action action, or suits of any type, whether in law or and/or in equity, known or unknown, related directly or indirectly, indirectly or in any way connected with any transaction, affairs, affairs or occurrences between themthem to date, including, without limitationbut not limited to, Employee's employment with Employer and/or and the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement)Employment. This Agreement specifically applies, without limitation, shall include but not be limited to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Labor Standards Act, the Occupational Safety federal and Health Actstate wage and hour laws including, the Xxxxxxxx-Xxxxx Act of 2002without limitation, the California Labor Code, including, without limitation, section 1101, ET-SEQCalifornia Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, and all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer and/or Employer, except any claim for unemployment insurance or worker's compensation.
b. In further consideration of the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation above described payments and benefits, pensionand for other good and valuable consideration, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer.
B. Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, behalf in any administrative agency, whether federal or state, or in any court, whether federal or state, any claim or demand of any type related to the matters released above, it being . It is the intention of the Parties that that, with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys will be irrevocably, absolutely, unconditionally, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged hereinreleased. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees represents that he willhas not filed any complaint, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any charges or lawsuits against Employer and all funds received pursuant to this Agreement. Furthermorerelated holding, if Employer should prevail concerning parent or subsidiary corporations (including their affiliates, officers, directors, and employees) with any governmental agency or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' feesany court.
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Employee’s Release of All Claims Against Employer. A. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, and any and all other sums due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants and other benefits described undertaken herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, irrevocably and absolutely release and discharge Employer, and any Employer and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys from any and all loss, liability, claims, demands, causes of action action, or suits of any type, whether in law or and/or in equity, known or unknown, related directly or indirectly, indirectly or in any way connected with any transaction, affairs, affairs or occurrences between themthem to date, including, without limitationbut not limited to, Employee's employment with Employer and/or and the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement)Employment. This Agreement specifically applies, without limitation, shall include but not be limited to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Labor Standards Act, the Occupational Safety federal and Health Actstate wage and hour laws including, the Xxxxxxxx-Xxxxx Act of 2002without limitation, the California Labor Code, including, without limitation, section 1101, ET-SEQCalifornia Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, and all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's employment by Employer and/or Employer, except any claim for unemployment insurance or worker's compensation.
b. In further consideration of the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation above described payments and benefits, pensionand for other good and valuable consideration, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer.
B. Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, behalf in any administrative agency, whether federal or state, or in any court, whether federal or state, any claim or demand of any type related to the matters released above, it being . It is the intention of the Parties that that, with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys will be irrevocably, absolutely, unconditionally, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged hereinreleased. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees represents that he willhas not filed any complaint, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any charges or lawsuits against Employer and all funds received pursuant to this Agreement. Furthermorerelated holding, if Employer should prevail concerning parent or subsidiary corporations (including their affiliates, officers, directors, and employees) with any governmental agency or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' feesany court.
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Employee’s Release of All Claims Against Employer. A. a. In consideration of the above described acceleration of vesting, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, and any and all other sums due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants and other benefits described undertaken herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, irrevocably and absolutely release and discharge Employer, and any Employer and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys from any and all loss, liability, claims, demands, causes of action action, or suits of any type, whether in law or and/or in equity, known or unknown, related directly or indirectly, indirectly or in any way connected with any transaction, affairs, affairs or occurrences between themthem to date, including, without limitationbut not limited to, Employee's ’s employment with Employer and/or and the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement)Employment. This Agreement specifically applies, without limitation, shall include but not be limited to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Labor Standards Act, the Occupational Safety federal and Health Actstate wage and hour laws including, the Xxxxxxxx-Xxxxx Act of 2002without limitation, the California Labor Code, including, without limitation, section 1101, ET-SEQCalifornia Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, and all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer and/or the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation benefitsEmployer, pension, except any right to indemnity claim for unemployment insurance or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock worker’s compensation.
b. In further consideration of the Employer.
B. above described acceleration of vesting, and for other good and valuable consideration, Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, her behalf in any administrative agency, whether federal or state, or in any court, whether federal or state, any claim or demand of any type related to the matters released above, it being . It is the intention of the Parties that that, with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys will be irrevocably, absolutely, unconditionally, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged hereinreleased. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees represents that he willhas not filed any complaint, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any charges or lawsuits against Employer and all funds received pursuant to this Agreement. Furthermorerelated holding, if Employer should prevail concerning parent or subsidiary corporations (including their affiliates, officers, directors, and employees) with any governmental agency or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' feesany court.
Appears in 1 contract
Employee’s Release of All Claims Against Employer. A. a. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, and any and all other sums due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants and other benefits described undertaken herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, irrevocably and absolutely release and discharge Employer, and any Employer and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys from any and all loss, liability, claims, demands, causes of action action, or suits of any type, whether in law or and/or in equity, known or unknown, related directly or indirectly, indirectly or in any way connected with any transaction, affairs, affairs or occurrences between themthem to date, including, without limitationbut not limited to, Employee's ’s employment with Employer and/or and the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement)Employment. This Agreement specifically applies, without limitation, shall include but not be limited to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Labor Standards Act, the Occupational Safety federal and Health Actstate wage and hour laws including, the Xxxxxxxx-Xxxxx Act of 2002without limitation, the California Labor Code, including, without limitation, section 1101, ET-SEQCalifornia Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, and all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer and/or Employer, except any claim for unemployment insurance or worker’s compensation.
b. In further consideration of the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation above described payments and benefits, pensionand for other good and valuable consideration, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer.
B. Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, behalf in any administrative agency, whether federal or state, or in any court, whether federal or state, any claim or demand of any type related to the matters released above, it being . It is the intention of the Parties that that, with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys will be irrevocably, absolutely, unconditionally, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged hereinreleased. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees represents that he willhas not filed any complaint, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any charges or lawsuits against Employer and all funds received pursuant to this Agreement. Furthermorerelated holding, if Employer should prevail concerning parent or subsidiary corporations (including their affiliates, officers, directors, and employees) with any governmental agency or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' feesany court.
Appears in 1 contract
Employee’s Release of All Claims Against Employer. A. In consideration of the above described payment, and for other good and valuable consideration, Employee agrees that employment with Employer has terminated as of the termination date, and that Employee has received full payment of all wages, vacation accrued but not used, and any and all other sums due as a result of such employment by Employer. In further consideration of and in return for the promises and covenants and other benefits described undertaken herein, which Employee would otherwise not be entitled to except for signing this Agreement, Employee does hereby unconditionally, irrevocably, irrevocably and absolutely release and discharge Employer, and any Employer and all predecessor or successor entities thereof and its and their affiliates, any and all related holding, parent or subsidiary entities and any predecessor or successor entities thereoftheir affiliates, any other merged entities, and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan attorneys from any and all loss, liability, claims, demands, causes of action action, or suits of any type, whether in law or and/or in equity, known or unknown, related directly or indirectly, indirectly or in any way connected with any transaction, affairs, affairs or occurrences between themthem to date, including, without limitationbut not limited to, Employee's ’s employment with Employer and/or and the termination of said employment (whether known or unknown to Employee and including any continuing effects of any acts or practices before the date of execution of this Agreement)Employment. This Agreement specifically applies, without limitation, shall include but not be limited to a release of any and all contract or tort claims, claims for wrongful termination,retaliation, employment discrimination, sexual harassment, emotional distress, fraud, misrepresentation, defamation, interference with prospective economic advantage, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation, and claims arising under any state or federal statute or common law regulating or affecting employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, The Older Workers' Benefit Protection Act of 1990, the Age Discrimination in Employment Act, the California Fair Employment and Housing Labor Standards Act, the Occupational Safety federal and Health Actstate wage and hour laws including, the Xxxxxxxx-Xxxxx Act of 2002without limitation, the California Labor Code, including, without limitation, section 1101, ET-SEQCalifornia Government Code Sections 12940 et seq., any applicable California Industrial Wage Orders, all as amended, and all claims for breach of contract, employment discrimination, sexual harassment, wages, severance, overtime compensation, vacation, torts, fraud, and/or claims any other local, state or federal law, rule, or regulation relating to or affecting Employee's ’s employment by Employer and/or the termination of said employment. Nothing in this release is intended to waive Employee's rights to workers' compensation benefitsEmployer, pension, any right to indemnity or defense in the event Employee is named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or stock of Employer shall be governed by the provisions of this Agreement and/or the Retention Agreement, and, to the extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of the Employer.
B. Employee irrevocably and absolutely agrees that he will not prosecute nor allow to be prosecuted on his behalf, in any administrative agency, whether federal or state, or in any court, whether federal or state, except any claim for unemployment insurance or demand of any type related to the matters released above, it being the intention of the Parties that with the execution by Employee of this Agreement, Employer and any and all predecessor or successor entities thereof and its and their affiliates, any and all holding, parent or subsidiary entities and any predecessor or successor entities thereof, any other merged entities, and all present, former and fixture directors, officers, representatives, agents, principals, administrators, agents, partners and employees, stockholders, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan will be irrevocably, absolutely, unconditionally, and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged herein. If Employee should bring any action arising out of the subject matter covered by this Agreement, Employee understands and agrees that he will, at the option of Employer, be considered in breach of this Agreement and shall he required to immediately return any and all funds received pursuant to this Agreement. Furthermore, if Employer should prevail concerning any or all of the issues so presented, Employee shall pay to Employer all of its costs and expenses of defense, including Employer's attorneys' feesworker’s compensation.
Appears in 1 contract