Common use of Employee’s Release of All Claims Against Employer Clause in Contracts

Employee’s Release of All Claims Against Employer. A. In consideration of the covenants and other benefits described herein, 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, any and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners, employees, stockholders, predecessors, successors, assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan (collectively, the “Released Parties”), from any and all known and unknown losses, 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. This Agreement specifically applies, without limitation, to a release of any and all contract or tort claims, claims for wrongful termination, retaliation, employment discrimination, 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 Civil Rights Act of 1866, the Age Discrimination in Employment Act, 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 California Fair Employment and Housing Act, the Occupational Safety and Health Act, 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 affect Employee’s right to defense, contribution or indemnification, if any, in the event Employee is sued or otherwise subject to any claims for acts committed in the course and scope of Employee’s employment, including, without limitation, any acts or omissions as the administrator of any of Employer’s employee benefit plans. Nothing in this release is intended to affect Employee’s right to coverage under the California worker’s compensation laws (although Employee hereby represents that Employee is not currently aware of any such claim). B. Employee irrevocably and absolutely agrees that Employee will not prosecute nor allow to be prosecuted on Employee’s 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 intent of the Parties that with the execution by Employee of this Agreement, Employer and any and all Released Parties 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 Employee will, at the option of Employer, be considered in breach of this Agreement and shall be 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 reasonable attorneys’ fees.

Employee’s Release of All Claims Against Employer. A. In consideration of the covenants and other benefits described herein, 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, any and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners, partners and employees, stockholders, predecessors, successors, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan (collectively, the “Released Parties”), from any and all known and unknown lossesloss, 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 resignation and/or termination of said employmentemployment (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 claimsclaims (including any claims for breach of employment contract, claims related to stock options and/or the vesting of such options), breach of the implied covenant of good faith and fair dealing, claims for wrongful termination, retaliation, employment discrimination, 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, stock options, any claims under any stock option agreement to which Employee is a party, and claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, 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, 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 affect Employee’s right Employer’ obligation to defense, contribution or indemnification, if any, defend and/or indemnify Employee in the event Employee he is sued or otherwise subject to any claims in his capacity as an (officer or) employee of Employer for acts committed work performed in the course and scope of Employee’s his employment, including, without limitation, any acts or omissions as the administrator of any of Employer’s employee benefit plans. Nothing in this release is intended to affect Employee’s right to coverage under the California worker’s compensation laws (although Employee hereby represents that Employee he is not currently aware of any such claim.). B. Employee irrevocably and absolutely agrees that Employee he will not prosecute nor allow to be prosecuted on Employee’s 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 intent intention of the Parties that with the execution by Employee of this Agreement, Employer and any and all Released Parties 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 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 Employee he will, at the option of Employer, be considered in breach of this Agreement and shall be 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 reasonable attorneys’ fees.

Employee’s Release of All Claims Against Employer. A. In consideration of the covenants and other benefits described herein, 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, any and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners, partners and employees, stockholders, predecessors, successors, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan (collectively, the “Released Parties”), from any and all known and unknown lossesloss, 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 resignation and/or termination of said employmentemployment (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, breach of the implied covenant of good faith and fair dealing, claims for wrongful termination, retaliation, employment discrimination, 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, stock options, any claims under any stock option agreement to which Employee is a party, and claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, 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, 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 affect Employee’s right Genius’ obligation to defense, contribution or indemnification, if any, defend and/or indemnify Howie in the event Employee he is sued in his capacity as an officer or otherwise subject to any claims employee of Genius for acts committed work performed in the course and scope of Employee’s his employment, including, without limitation, any acts or omissions as the administrator of any of Employer’s employee benefit plans. Nothing in this release is intended to affect EmployeeHowie’s right to coverage under the California worker’s compensation laws (although Employee hereby Howie represents that Employee he is not currently aware of any such claim.). B. Employee irrevocably and absolutely agrees that Employee he will not prosecute nor allow to be prosecuted on Employee’s 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 intent intention of the Parties that with the execution by Employee of this Agreement, Employer and any and all Released Parties 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 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 ay action arising out of the subject matter covered by this Agreement, Employee understands and agrees that Employee he will, at the option of Employer, be considered in breach of this Agreement and shall be 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 reasonable attorneys’ fees.

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, any and all present, former and future directors, officers, representatives, agents, principals, administrators, agents, partners, partners and employees, stockholders, predecessors, successors, predecessors and successors and/or assigns, insurers, attorneys, and any fiduciaries of any employee benefits plan (collectively, the “Released Parties”), from any and all known and unknown lossesloss, 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 's employment with Employer and/or the termination of said employmentemployment (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 Civil Rights Act of 1866, the Age Discrimination in Employment Act, 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 's employment by Employer and/or the termination of said employment. Nothing in this release is intended to affect waive Employee’s 's rights to workers' compensation benefits, pension, or any right to defense, contribution indemnity or indemnification, if any, defense in the event Employee is sued named as a defendant in a lawsuit arising out of his employment for Genius. Employee's rights to stock options, warrants or otherwise subject stock of Employer shall be governed by the provisions of this Agreement and/or the Consulting Agreement, and, to any claims for acts committed in the course and scope extent not inconsistent therewith, applicable option agreements, option plans or other existing written agreements pertaining to stock options, warrants or common stock of Employee’s employment, including, without limitation, any acts or omissions as the administrator of any of Employer’s employee benefit plans. Nothing in this release is intended to affect Employee’s right to coverage under the California worker’s compensation laws (although Employee hereby represents that Employee is not currently aware of any such claim). B. Employee irrevocably and absolutely agrees that Employee he will not prosecute nor allow to be prosecuted on Employee’s 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 intent intention of the Parties that with the execution by Employee of this Agreement, Employer and any and all Released Parties 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 Employee he will, at the option of Employer, be considered in breach of this Agreement and shall be 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 reasonable 's attorneys’ ' fees.