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

Employee’s Release of Claims. As of the Effective Date of this Release, Employee hereby expressly covenants not to xxx and releases and waives any and all claims, liabilities, demands, damages, penalties, debts, accounts, obligations, actions, grievances, and causes of action (collectively, “Claims”), whether now known or unknown, suspected or unsuspected, whether in law, in equity or in arbitration, of any kind or nature whatsoever, which Employee has or claims to have, now or hereafter, against the Employer and its divisions, facilities, subsidiaries and affiliated entities, successors and assigns, or any of its or their respective past or present officers, directors, trustees, shareholders, agents, employees, attorneys, insurers, representatives (collectively, the Releases), including, but not limited to, any Claims arising out of or relating in any way to Employee’s employment with the Employer and the termination thereof. Without limiting the foregoing, Employee hereby acknowledges and agrees that the Claims released by this Release include, but are not limited to, any and all claims which arise or could arise under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Federal Worker Adjustment and Retraining Notification Act (or any similar state, local or foreign law), the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the California Fair Employment and Housing Act, California statutory or common law, the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions, and federal statutory law, or any Claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. Nothing in this Release shall release any rights to indemnification Employee may have in connection with Employee’s actions legitimately taken in the course of his duties with the Employer, or to unemployment compensation benefits, workers compensation benefits, claims under the Fair Labor Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with regard to vested benefits under a retirement plan governed by ERISA. This Release shall not apply to any claims that may not be waived as a matter of applicable law.

Employee’s Release of Claims. As of In consideration for the Effective Date of this ReleaseSeverance ------------------------------ Payments, Employee hereby expressly covenants not to xxx and forever releases and waives discharges the Company, its parent and subsidiary corporations, their respective affiliates, and their respective past and present officers, directors, shareholders, partners, members, managers, agents and employees, and each of their respective successors and assigns (collectively, "Released Parties"), from any and all claims, liabilitiescharges, complaints, liens, demands, damages, penalties, debts, accountscauses of action, obligations, actionsdamages and liabilities, grievances, and causes of action (collectively, “Claims”), whether now known or unknown, suspected or unsuspected, whether in law, in equity or in arbitration, of any kind or nature whatsoever, which that Employee has or claims to havehad, now has, or hereafter, may hereafter claim to have against the Employer and its divisionsReleased Parties, facilities, subsidiaries and affiliated entities, successors and assigns, or any of its or their respective past or present officers, directors, trustees, shareholders, agents, employees, attorneys, insurers, representatives (collectively, the Releases), including, but not limited to, any Claims arising out of or relating in any way to Employee’s 's hiring by, employment with with, or separation from the Employer and Company or otherwise relating to any of the termination thereofReleased Parties from the beginning of time through the Effective Date. Without limiting The "Effective Date" is the foregoing, Employee hereby acknowledges and agrees that the Claims released by date this Release includeis executed by the Employee. This release specifically extends to, without limitation, claims or causes of action for wrongful termination, impairment of ability to compete in the open labor market, breach of an express or implied contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, fraud, misrepresentation, defamation, slander, infliction of emotional distress, discrimination, harassment, disability, loss of future earnings, and claims under any state constitution, the United States Constitution, and applicable state and federal fair employment laws, applicable state and federal equal employment opportunity laws, and applicable state and federal labor statutes and regulations, including but are not limited to, any and all claims which arise or could arise under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Fair Labor Standards Act, as amended, the National Labor Relations Act, as amended, the Labor-Management Relations Act, as amended, the Worker Retraining and Notification Act of 19671988, as amended, the Federal Worker Adjustment Americans With Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, as amended, and Retraining Notification Act (or any similar state, local or foreign law), the Employee Retirement Income Security Act of 1974, as amended ("ERISA")and the Age Discrimination in Employment Act of 1967, the California Fair Employment and Housing Act, California statutory or common law, the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions, and federal statutory law, or any Claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. Nothing in this Release shall release any rights to indemnification Employee may have in connection with Employee’s actions legitimately taken in the course of his duties with the Employer, or to unemployment compensation benefits, workers compensation benefits, claims under the Fair Labor Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with regard to vested benefits under a retirement plan governed by ERISA. This Release shall not apply to any claims that may not be waived as a matter of applicable lawamended.

Employee’s Release of Claims. As 3.1 Employee, on behalf of the Effective Date of this ReleaseEmployee, Employee Employee’s spouse, heirs, executors, administrators, successors and assigns, hereby expressly covenants not to xxx and unconditionally releases and waives any discharges Employer (“Releasee”) from all claims (including claims for attorneys’ fees and all claimscosts), liabilitiescharges, actions and causes of action, demands, damages, penaltiesand liabilities of any kind or character, debts, accounts, obligations, actions, grievances, and causes of action (collectively, “Claims”), whether now known in law or unknownequity, suspected or unsuspected, whether in lawpast or present, in equity or in arbitrationthat Employee ever had, of any kind or nature whatsoever, which Employee has or claims to may now have, now or hereaftermay later assert against any Releasee, against the Employer and its divisions, facilities, subsidiaries and affiliated entities, successors and assigns, or any of its or their respective past or present officers, directors, trustees, shareholders, agents, employees, attorneys, insurers, representatives (collectively, the Releases), including, but not limited to, any Claims arising out of or relating in any way related to Employee’s employment or termination of employment with Employer. To the Employer and the termination thereof. Without limiting the foregoingfullest extent permitted by law, Employee hereby acknowledges and agrees that the Claims released by this Release includerelease includes, but are is not limited to, any and all : (a) claims which arise or could arise arising under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, the Age Discrimination in Employment Act (which prohibits discrimination on the basis of 1967age), the Federal Worker Older Workers Benefit Protection Act, the Workers’ Adjustment and Retraining Notification Act (or any similar state, local or foreign law)Act, the Employee Retirement Income Security ERISA, the Family and Medical Leave Act of 1974, as amended ("ERISA")1993, the California Fair Employment and Housing ActADA, California statutory or common law, the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions, and federal statutory law, or any Claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. Nothing in this Release shall release any rights to indemnification Employee may have in connection with Employee’s actions legitimately taken in the course of his duties with the Employer, or to unemployment compensation benefits, workers compensation benefits, claims under the Fair Labor Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA)and any other federal, state, or local law prohibiting age, race, color, gender, 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 Employer, including wage claims; (b) claims with regard to vested benefits under a retirement plan governed by ERISA. This Release shall not apply (whether based on common law or otherwise) arising out of or related to any contract (whether express or implied); (c) claims that may under any federal, state or local constitutions, statutes, rules or regulations; (d) claims (whether based on common law or otherwise) arising out of any kind of tortious conduct (whether intentional or otherwise) including but not be waived as a matter limited to, wrongful termination, defamation, violation of applicable lawpublic policy; and (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 Releasee, which Employee agrees to immediately dismiss with prejudice.

Employee’s Release of Claims. As of the Effective Date of this Release, Employee hereby expressly covenants not agrees, on behalf of Employee and Employee's spouse, heirs, administrators, executors and assigns, to xxx release and releases forever discharge YRC and waives its divisions, affiliates, related companies, predecessors, successors, partners, members, directors, officers, trustees and employees, independent contractors, consultants, stockholders, owners, attorneys, agents, benefit plans, subrogees, insurers, representatives and assigns (collectively, the "Released Parties"), from any and all suits, claims, liabilities, demands, damages, penalties, debts, accounts, obligations, actions, grievances, and causes of action (collectively, “Claims”), whether now known or unknown, suspected or unsuspected, whether in law, in equity or in arbitration, of any nature or kind or nature whatsoever, which Employee now has or claims ever had, up to havethe date of this Agreement (the "Release of Claims"). This Release of Claims includes, now or hereafterwithout limitation, against the Employer and its divisionsany suits, facilitiesclaims, subsidiaries and affiliated entities, successors and assignsdemands, or any causes of its action under federal, state or their respective past local laws, regulations, executive orders, common law or present officersother source concerning civil rights, directorsemployment discrimination, trusteesemployee benefits, shareholderswrongful discharge, agentsbreach of express or implied contract, employeespromissory estoppel, defamation, emotional distress, whistleblower claims, tort, attorneys, insurers, representatives (collectively, the Releases), including, but not limited to, ' fees or any Claims arising out of or relating claims which may have arisen in any way to connection with Employee’s 's employment with YRC or the Employer and the termination cessation thereof. Without limiting the foregoing, the Release of Claims includes any claim Employee hereby acknowledges and agrees that may have up to the Claims released by date of this Release include, but are not limited to, any and all claims which arise or could arise under Title VII of Agreement pursuant to the Civil Rights Act of 1964, the federal Age Discrimination in Employment Act of 1967, the Federal Worker Adjustment and Retraining Notification Act (or any similar state, local or foreign law), the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the California Fair Employment and Housing Act, California statutory or common law29 U.S.C. Section 621, et seq. and the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions, and federal statutory law, or any Claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefitOlder Workers Benefit Protection Act. Nothing in this Release shall release Employee is not waiving any rights to indemnification Employee may have in connection with Employee’s actions legitimately taken in the course of his duties with the Employer, or to unemployment compensation benefits, workers compensation benefits, claims under the Fair Labor Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with regard to vested benefits under a retirement plan governed by ERISA. This Release shall not apply to any claims that may cannot be waived as a matter by law. The Release of applicable lawClaims does not preclude Employee from exercising Employee's rights or remedies under this Agreement. The Release of Claims does not limit Employee's right to participate in any proceedings before an administrative agency responsible for enforcing labor and/or employment laws, e.g., the Equal Employment Opportunity Commission, but it does waive Employee's right to receive any monetary awards against the Released Parties arising from such proceedings.