Common use of Employee’s Release of Claims Clause in Contracts

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Appears in 3 contracts

Samples: Separation Agreement (Isis Pharmaceuticals Inc), Separation Agreement (Isis Pharmaceuticals Inc), Separation Agreement (Isis Pharmaceuticals Inc)

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Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, assigns parent and subsidiary entities, insurers, affiliates, of and assigns from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company and its parent and subsidiary entities or the termination of that employment; claims , including but not limited to any claim by Employee arising out of, based upon, or demands related to the First Amended Agreement; (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the CompanyCompany or its assets; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; (5) all claims related to rights in inventions, patents, and any and all claims under or pursuant to the 1957 German Law of Employee Inventions (Arbeitnehmer – erfindegesetz); and (6) all federal, state, and local statutory claims, including claims for benefits, discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Employee Retirement Income Security Act, the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), California Labor Code §970, and the California Fair Employment and Housing Act (as amended).

Appears in 1 contract

Samples: Separation Agreement (Sequenom Inc)

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliatesaffiliates (collectively, the “Releasees”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; all claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; all claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, the federal Age Discrimination in Employment Act, as amended; the Civil Rights Act of 1964, as amended; the federal Americans with With Disabilities Act of 1990; the federal Age Discrimination in Employment Worker Adjustment and Retraining Notification Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act1988, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993, as amended; the Massachusetts Fair Employment Practices Act, Civil Rights Act, Equal Pay Act, Maternity Leave Act, Privacy Statute, Consumer Protection Act, and labor code; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; and all claims that might be made by any other person or organization on Employee’s behalf (and Employee specifically waives any right to recover damage awards in any case in which a claim is made by another person or organization on Employee’s behalf). Notwithstanding the foregoing, nothing in this Agreement shall bar or prohibit Employee from contacting, seeking assistance from or participating in any proceeding before any federal or state administrative agency to the extent permitted by applicable federal, state and/or local law (but Employee acknowledges that Employee may not be able to recover any monetary benefits in connection with any such participation or proceeding), nor shall anything in this paragraph bar or prohibit Employee from enforcing Employee’s rights or the Company’s obligations under this Agreement. This Agreement is not intended to, and does not govern, any claims that cannot be release by private agreement.

Appears in 1 contract

Samples: Separation Agreement (Vertex Pharmaceuticals Inc / Ma)

Employee’s Release of Claims. Except as otherwise Employee acknowledges that he would not be offered the payments and benefits, including the consulting arrangement, set forth in this Agreement, absent the following release of claims included in exchange for consideration under this Agreement to which Employee would not otherwise be entitledSection 11. Employee, Employee on behalf of Employee, Employee’s heirs, executors, administrators, successors and assigns, hereby releases, acquits unconditionally releases and forever discharges the Company, Company and its parents and subsidiaries, and their officers, directors, employees, agents, servantssuccessors and assigns (“Company Releasees”) from all claims (including claims for attorneys’ fees and costs), employeescharges, attorneys, shareholders, successors, assigns actions and affiliates, of and from any and all claims, liabilities, demands, causes of action, costsdemands, expenses, attorneys fees, damages, indemnities damages and obligations liabilities of every any kind and natureor character, in law, law or equity, suspected or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosedpast or present, that Employee ever had, may now have, or may later assert against any of the Company Releasees, arising out of or in any way related to agreementsEmployee’s prior employment or termination of such employment with the Company for any reason. To the fullest extent permitted by law, eventsthis release includes, acts or conduct at any time prior to and including the execution date of this Agreement, including but is not limited to: all such (a) claims and demands directly or indirectly arising out under Title VII of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; amended by the federal Civil Rights Act of 1991, the Age in Discrimination Employment Act, the Older Workers Benefit Protection Act, the Workers’ Adjustment and Retraining Notification Act, the ERISA, the Family and Medical Leave Act of 1993, the Americans with Disabilities Act of 1990; and any amendments thereto, the federal Age Discrimination in Employment Act of 1967California Family Rights Act, as amended (“ADEA”); the California Fair Employment and Housing Act, as amendedthe California Equal Pay Law, the California Confidentiality of Medical Information, the Equal Pay Act, the Fair Labor Standards Act and any other federal, state, or local law prohibiting age, race, color, gender, gender identification, creed, religion, sexual preference/orientation, marital status, national origin, mental or physical disability, veteran status, or any other form of unlawful discrimination or claim with respect to or arising out of Employee’s employment with or termination from the Company for any reason, including wage claims; tort law(b) claims (whether based on common law or otherwise) arising out of or related to any contract (whether express or implied); contract law(c) claims under any federal, state or local constitutions, statutes, rules or regulations; (d) claims (whether based in common law or otherwise) arising out of any kind of tortious conduct (whether intentional or otherwise) including but not limited to, wrongful discharge; discrimination; harassment; fraud; termination, defamation; emotional distress, violation of public policy; and breach (e) claims included in, related to, or which could have been included in any presently pending federal, state or local lawsuit filed by Employee or on Employee’s behalf against any of the implied covenant Company Releasees, which Employee agrees to immediately dismiss with prejudice. This Agreement covers both claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by any statute which limits the effect of good faith a release with respect to unknown claims. Employee understands the significance of Employee’s release of unknown claims and fair dealingEmployee’s waiver of statutory protection against a release of unknown claims, including, without limitation, claims otherwise protected under California Civil Code Section 1542 (“Section 1542”) or any other applicable similar state or federal law. Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Employee agrees and expressly acknowledges that this release includes a waiver and release of all claims which you have or may have under the Older Worker’s Benefit Protection Act and the Age Discrimination in Employment Act (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this release: • This Agreement is written in a manner calculated to be understood by Employee. • The waiver and release of claims under the ADEA contained in this Agreement does not cover rights or claims that may arise after the date on which Employee signs this Agreement. • Employee is receiving consideration in exchange for this release in addition to anything of value to which Employee is already entitled. • Employee is hereby advised to consult an attorney before signing this Agreement, and has done so. • Employee is hereby granted not less than twenty-one (21) days after Employee is presented with this Agreement to decide whether or not to sign this Agreement. If Employee signs this Agreement prior to the expiration of such period, Employee does so voluntarily and after having had the opportunity to consult with an attorney, and is hereby waiving the remainder of the twenty-one (21) day period. • Employee has the right to revoke this Agreement within seven (7) days after signing this Agreement. In the event this Agreement is revoked, Employee understands that this Agreement will be null and void, and Employee will not be entitled to the payments and benefits provided for in this Agreement. If Employee wishes to revoke this Release, Employee shall deliver written notice stating Employee’s intent to revoke to the Company, on or before 5:00 p.m. on the seventh (7th) day after the date on which Employee signs this agreement. This Agreement shall become effective on the eighth (8th) day after Executive signs this Agreement (the “Effective Date”) This Agreement does not release any rights which as a matter of law cannot be waived, including but not limited to the rights or claims Employee may have arising under any workers’ compensation statute or to vested accrued benefits earned under an employee benefit plan maintained by the Company and governed by the Employee Retirement Income Security Act of 1974. Nor is this provision intended to limit Employee from instituting legal action for the sole purpose of enforcing this Agreement or from filing a charge with, or participating in an investigation conducted by, the Equal Employment Opportunity Commission (“EEOC”), or other similar state or federal agency; provided, however, that Employee expressly waives and relinquishes any rights Employee might have to recover monetary damages or other relief, whether equitable or legal, in any such proceeding concerning events or actions that arose on or before the date Employee signed this Agreement and Employee agrees to notify any such agency that this Agreement constitutes a full and final settlement by Employee of all claims released hereunder. This Agreement may be pled as a full and complete defense and may be used as the basis for an injunction against any action, suit or proceeding that may be prosecuted, instituted or attempted by Employee in breach thereof.

Appears in 1 contract

Samples: Separation Agreement (Live Nation Entertainment, Inc.)

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s 's employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended ("ADEA"); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Separation Agreement (Isis Pharmaceuticals Inc)

Employee’s Release of Claims. Except as otherwise set forth in this Agreement(a) Employee, in exchange for consideration under this Agreement to which Employee would not otherwise be entitledindividually and on behalf of Employee’s attorneys, Employee heirs, assigns, successors, executors, and administrators, hereby releasesGENERALLY RELEASES, acquits ACQUITS, AND DISCHARGES the Company and forever discharges its parents, subsidiaries, affiliated, and related corporations, firms, associations, partnerships, and entities, their successors and assigns, and the Companycurrent and former owners, its parents shareholders, directors, officers, employees, agents, attorneys, representatives, and subsidiariesinsurers of said corporations, firms, associations, partnerships, and entities, and their officers, directors, agents, servants, employees, attorneys, shareholdersguardians, successors, assigns assigns, heirs, executors, and affiliates, of administrators (hereinafter collectively referred to as the “Company Releasees” and individually as a “Company Releasee”) from and against any and all claims, complaints, grievances, liabilities, demandsobligations, promises, agreements, damages, causes of action, rights, debts, demands, controversies, costs, losses, and expenses (including attorneys’ fees and expenses) whatsoever, attorneys feesunder any local, damagesstate, indemnities and obligations of every kind and nature, in or federal law, equity, common or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action statutory -- including, but not in no way limited to, claims arising under the federal United States and Texas Constitutions; the Age Discrimination in Employment Act of 1967 (“ADEA”); Title VII of the Civil Rights Act of 1964, as amendedamended (including the Civil Rights Act of 1991); Sections 1981 through 1988 of Title 42 of the United States Code; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended by the Americans with Disabilities Amendment Act; the Patient Protection and Affordable Care Act of 2010; the Employee Retirement Income Security Act of 1974, (“ADEAERISA”), as amended; the California Fair Employment Occupational Safety and Housing Health Act, as amended; tort lawthe Worker Adjustment and Retraining Notification Act (“WARN”); contract lawthe Consolidated Omnibus Budget Reconciliation Act (“COBRA”); wrongful dischargethe Texas Commission on Human Rights Act; discriminationthe Texas Payday Act; harassment; fraud; defamation; emotional distress; and breach Section 451.001 of the implied covenant Texas Workers Compensation Act; the Sabine Pilot doctrine and/or any other claims, including claims in equity or at law -- for any actions or omissions whatsoever, whether known or unknown and whether connected with the employment relationship between Employee and the Company that existed or may have existed prior to, or contemporaneously with, the date Employee executes this Agreement (collectively, the “Employee Released Claim(s)”). Employee agrees that this Agreement includes a release of good faith any and fair dealingall negligence claims, contractual claims (express and implied), wrongful discharge claims, fraud, misrepresentation, defamation, and claims of discrimination, harassment, or retaliation of every possible kind.

Appears in 1 contract

Samples: Confidential General Release and Separation Agreement (Tuesday Morning Corp/De)

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Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, parent and subsidiary entities, insurers, Affiliates, and assigns and affiliates, of and from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; (2) all claims or demands related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended).

Appears in 1 contract

Samples: Separation Agreement (Sequenom Inc)

Employee’s Release of Claims. Except as otherwise set forth In consideration for the promises and undertakings contained in this Agreement, including, without limitation, the consideration set forth in exchange for consideration under this Agreement to which Employee would not otherwise be entitledParagraph 4, Employee EMPLOYEE, on behalf of himself, his spouse (if any) and his marital community (if applicable), as well as EMPLOYEE’S heirs, agents, assigns, and executors, hereby releases, acquits absolves and forever discharges the CompanyCOMPANY, including its parents current and subsidiariesformer directors, and their officers, directorsrepresentatives, agents, servants, employees, attorneys, shareholderssubsidiaries, departments, units, parent corporations, sister corporations, joint ventures, and related entities, as well as its predecessors, successors, and assigns and affiliates(including its 401(k) plan) (collectively referred to as “RELEASED PARTIES”), of and from any and all claims, liabilitiesdemands, demandscontracts, costs, actions, suits, causes of action, costswages, expenses, attorneys feesobligations, damages, indemnities judgments, orders and obligations liabilities of every whatever kind and or nature, in lawincluding specifically, equitybut not exclusively, or otherwiseany and all claims, demands, agreements, obligations, and causes of action, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or unknown at the time of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly suspected or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action unsuspected by EMPLOYEE including, but not limited to, any and all claims under Title VII of the federal Civil Rights Act of 1964, as amended; the federal Family and Medical Leave Act; the Americans with Disabilities Act of 1990Act; the federal Age Discrimination in Employment Employee Retirement Income Security Act of 1967, as amended (“ADEA”ERISA); the National Labor Relations Act; the California Fair Employment and Housing Act, as amendedthe California Labor Code, California Government Code section 12900; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distressall federal, state, and local civil rights laws, statutes, regulations, ordinances, or orders; and breach any other provision or theory of law arising out of any federal or state constitution, statute, regulation, ordinance, civil code, administrative code, or common law, either in tort or in contract, including, but not limited to, all claims arising out of or incident to EMPLOYEE’s employment with COMPANY and the circumstances of the implied covenant termination of good faith EMPLOYEE’s employment by COMPANY. This Agreement does not release any claims arising after the SEPARATION DATE, any vested account balance under the COMPANY’s 401(k) Plan, any vested rights under any COMPANY-sponsored or administered welfare benefit plan, or any claims that cannot be released as a matter of law, including, but not limited to, EMPLOYEE’S right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the COMPANY (with the understanding that any such filing or participation does not give EMPLOYEE the right to recover any monetary damages against the COMPANY; EMPLOYEE’S release of claims herein bars EMPLOYEE from recovering such monetary relief from the COMPANY). EMPLOYEE agrees that the release set forth in this section shall be and fair dealingremain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations incurred under this Agreement. EMPLOYEE represents that he has made no assignment or transfer of any right, claim, complaint, charge, duty, obligation, demand, cause of action, or other matter waived or released by this Section.

Appears in 1 contract

Samples: Advisory Agreement (Lifelock, Inc.)

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, assigns parent and subsidiary entities, insurers, affiliates, of and assigns from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims , including but not limited to any claim arising out of, based upon, or demands related to the Second Employment Agreement; (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for benefits, discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Employee Retirement Income Security Act, the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), California Labor Code §970, and the California Fair Employment and Housing Act (as amended).

Appears in 1 contract

Samples: Separation Agreement (Sequenom Inc)

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