Common use of Employee’s Release Clause in Contracts

Employee’s Release. In exchange for the promises and covenants herein, including the payment of the Success Bonus, Employee, Employee’s heirs, next of kin, personal representatives, assigns and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, insurance carriers, benefit plans and all other persons acting by, through, under or in concert with any of them (“Released Parties”), from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actions, causes of action, rights, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costs, and rights of any kind or nature whatsoever, in law or in equity, whether known or unknown, which arise out of Employee’s employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may have heretofore had, or may at any time hereafter have against the Released Parties on matters arising prior to and up to the date of this Release under tort, contract, statute, or other law of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the Civil Rights Act of 1991, the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual states, or any political subdivision thereof.

Appears in 3 contracts

Samples: Success Bonus Agreement (Citizens First Corp), Success Bonus Agreement (Citizens First Corp), Success Bonus Agreement (Citizens First Corp)

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Employee’s Release. In exchange for the promises and covenants herein, including the payment of the Success BonusSeverance Payment, Employee, Employee’s heirs, next of kin, personal representatives, assigns and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFCGerman American, its Affiliates, owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, insurance carriers, benefit plans and all other persons acting by, through, under or in concert with any of them (“Released Parties”), from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actions, causes of action, rights, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costs, and rights of any kind or nature whatsoever, in law or in equity, whether known or unknown, which arise out of Employee’s employment and/or the separation of Employee’s employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may have heretofore had, or may at any time hereafter have against the Released Parties on matters arising prior to and up to the date of this Release Agreement under tort, contract, statute, or other law of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the Civil Rights Act of 1991, the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual states, or any political subdivision thereof.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (German American Bancorp, Inc.), Merger Agreement (German American Bancorp, Inc.), Merger Agreement (River Valley Bancorp)

Employee’s Release. In exchange for the promises and covenants herein, including the payment of the Success BonusSeverance Payment, Employee, Employee’s 's heirs, next of kin, personal representatives, assigns and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFCGerman American, its Affiliates, owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, insurance carriers, benefit plans and all other persons acting by, through, under or in concert with any of them ("Released Parties"), from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actions, causes of action, rights, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s 's fees, costs, and rights of any kind or nature whatsoever, in law or in equity, whether known or unknown, which arise out of Employee’s 's employment and/or the separation of Employee's employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may have heretofore had, or may at any time hereafter have against the Released Parties on matters arising prior to and up to the date of this Release Agreement under tort, contract, statute, or other law of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the Civil Rights Act of 1991, the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual states, or any political subdivision thereof.

Appears in 3 contracts

Samples: Merger Agreement (German American Bancorp, Inc.), Merger Agreement (Citizens First Corp), Agreement and Plan of Reorganization (German American Bancorp, Inc.)

Employee’s Release. In exchange for the promises and covenants herein, including the payment of the Success Bonus, Employee, for and on behalf of Employee and Employee’s heirsexecutors, next of kinadministrators, personal representativessuccessors and assigns, assigns voluntarily, knowingly and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits willingly releases and forever discharges to the fullest extent permitted by law CFCCompany, together with its Affiliatespast and present subsidiaries and affiliates, together with each of its owners, investors, members, officers, directors, partners, employees, agents, representatives and attorneys, and each of its affiliates, estates, predecessors, successorssuccessors and assigns (collectively, assigns, agents, directors, officers, employees, representatives, attorneys, insurance carriers, benefit plans and all other persons acting by, through, under or in concert with any of them (Released PartiesReleasees), ) from any and all grievancesrights, claims, charges, complaints, liabilities, damages, lawsuits, actions, causes of action, rightscomplaints, demandssums of money, costs, lossessuits, debts, reinstatementcovenants, instatementcontracts, engagementagreements, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefitspromises, obligations, promisesdamages, agreements, controversies, attorney’s fees, costs, and rights demands or liabilities of any every kind or nature whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected (collectively, “Claims”) which arise out of Employee or Employee’s employment. By way of specification and not by way of limitationheirs, Employee specifically waivesexecutors, releasesadministrators, and agrees to forego any rights successors or claims that Employee may now have, may have heretofore assigns ever had, now has or may at hereafter claim to have by reason of any matter, cause or thing whatsoever: (a) arising from the beginning of time hereafter have against the Released Parties on matters arising prior to and up to through the date of upon which Employee signs this Release under tort, contract, statute, or other law of the United States or any of its individual statesAgreement, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference (i) any such Claims relating in any way to Employee’s employment relationship with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress the Company or any claim other Releasees, and (ii) any such Claims arising under any federal, local or state statute or regulation, including, without limitation, the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), Title VII, VII of the Civil Rights Act of 19911964, the ADAAmericans with Disabilities Act of 1990, the ADEAEmployee Retirement Income Security Act of 1974, the FMLA, or under all as amended and including all of their respective implementing regulations and/or any other lawsfederal, ordinancesstate, executive orderslocal or foreign law (statutory, rules, regulations regulatory or administrative otherwise) that may be legally waived and released; (b) relating to wrongful employment termination; or judicial case law (c) arising under or relating to any policy, agreement, understanding or promise, written or oral, formal or informal, between the statutory or common laws of the United States Company or any of its individual statesthe other Releasees and Employee, including, but not limited to, any employment; provided, however, that notwithstanding the foregoing, nothing contained in this Section 3 shall in any way diminish or impair: (x) any rights Employee may have to Accrued Compensation; (y) Employee’s ability to bring proceedings to enforce this Agreement; or (z) any Claims Employee may have that cannot be waived under applicable law, such as unemployment benefits, workers’ compensation and disability benefits. Employee acknowledges and agrees that the Company and the Releasees have fully satisfied any and all obligations owed to Employee arising out of or relating to Employee’s employment with the Company, and no further sums, payments or benefits are owed to Employee by the Company or any political subdivision thereofof the Releasees arising out of or relating to Employee’s employment with the Company, except as expressly provided in this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Idera Pharmaceuticals, Inc.)

Employee’s Release. In exchange for The Employee on the promises Employee's own behalf and covenants herein, including together with the payment of the Success Bonus, Employee, Employee’s 's heirs, next of kin, personal representatives, assigns and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessors, successors, assigns, agentsexecutors, agents and representatives hereby generally releases and discharges JVB and its Affiliates and the respective predecessors, successors (by merger or otherwise) and assigns of any of the foregoing, together with each and every of the present, past and future officers, managers, directors, officersshareholders, employeesmembers, representativesgeneral partners, attorneyslimited partners, insurance carriers, benefit plans employees and all other persons acting by, through, under or in concert with agents of any of them the foregoing, and the heirs and executors of any of the foregoing (“Released Parties”), herein collectively referred to as the "Releasees") from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actionssuits, causes of action, rightscomplaints, obligations, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costs, and rights common law or statutory claims of any kind or nature whatsoeverkind, whether in law or in equity, whether direct or indirect, known or unknownunknown (hereinafter "Claims"), which arise out of Employee’s employment. By way of specification and not by way of limitation, the Employee specifically waives, releases, and agrees to forego any rights ever had or claims that Employee may now have, may have heretofore hadhas against the Releasees, or may at any time hereafter have against the Released Parties on matters arising prior one of them occurring up to and up to including the date of this Release under tortAgreement. Notwithstanding anything herein to the contrary, contract, statute, or other law the Employee's release is not and shall not be construed as a release of any future claim by the United States Employee against JVB or any Affiliate of its individual states, includingJVB. This release specifically includes, but is not limited to: (a) any and all Claims for wages and benefits including, claims arising out of allegations of wrongfulwithout limitation, retaliatory salary, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses; through Employee’s signature below, Employee acknowledges that he or constructive she has received all compensation and wages owed to him by Releasees under the Fair Labor Standards Act, the Pennsylvania Minimum Wage Law, and the Pennsylvania Wage Payment & Collection Law; (b) any and all Claims for wrongful discharge, breach of contract, whether express or implied, and Claims for breach of implied covenant covenants of good faith and fair dealing; (c) any and all Claims for alleged employment discrimination, tortious interference with contractharassment and retaliation on the basis of race, misrepresentationcolor, fraudreligion, promissory estoppelsex, slanderage, libelnational origin, defamationveteran status, emotional pain and suffering and intentional infliction of emotional distress disability and/or handicap or any claim other characteristic protected by law, in violation of any federal, state or local statute, ordinance, judicial precedent or Employee order, including but not limited to claims for discrimination under the following statutes: Title VIIVII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, as amended, 29 U.S.C. §621 et seq.; the Older Workers Benefit Protection Act 29 U.S.C. §§ 623, 626 and 630; the Rehabilitation Act of 1972, as amended, 29 U.S.C. §701 et seq.; the Americans with Dxxxxxxxxxxx Xxx, 00 X.X.X. §00000 et seq.; the Family and Medical Leave Act of 1993, 29 U.X.X. §0000, et seq.; the Fair Labor Standards Act, as amended, 29 U.S.C. §201, et seq.; the Fair Credit Reporting Act, as amended, 15 U.S.C. §1681, et seq., and the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1000, et seq. ("ERISA"), the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual statesPennsylvania Human Relations Act (“PHRA”), or any political subdivision thereofcomparable state statute or local ordinance; (d) any and all Claims under any federal or state statute relating to employee benefits or pensions; (e) any and all Claims in tort, including but not limited to, any Claims for assault, battery, misrepresentation, defamation, interference with contract or prospective economic advantage, intentional or negligent infliction of emotional distress, duress, loss of consortium, invasion of privacy and negligence; and (f) any and all Claims for attorneys' fees and costs.

Appears in 1 contract

Samples: Merger Agreement (Juniata Valley Financial Corp)

Employee’s Release. In exchange for consideration of the promises and covenants agreements set forth herein, including the payment of the Success Bonus, Employee, Employee’s Employee does hereby for himself and for his heirs, next of kinexecutors, personal successors and assigns, release and forever discharge the Company, its parent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, assigns and successors in interestagents, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessorsemployees, successors, assigns, agents, directors, officers, employees, representatives, and attorneys, insurance carriersboth known and unknown, benefit plans in both their personal and all other persons acting byagency capacities (collectively, through, under or in concert with any the “Company Entities”) of them (“Released Parties”), and from any and all grievancesclaims, demands, damages, actions or causes of action, suits, claims, charges, complaints, liabilitiescontracts, damageswhether oral or written, lawsuitsexpress or implied and promises, actionsat law or in equity, causes of actionwhatsoever kind or nature, rightsincluding but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, demandsincluding but not limited to Title VII of The Civil Rights Act of 1964 as amended, costsERISA, lossesThe Americans With Disabilities Act, debtsthe Age Discrimination in Employment Act, reinstatementthe Older Workers Benefit Protection Act, instatementbreach of any express or implied contract or promise, engagementwrongful discharge, employmentviolation of public policy, bonusesor tort, commissions, all demands for attorney’s fees, back pay, front holiday pay, lost wagesvacation pay, liquidatedbonus, compensatory and/or punitive damagesgroup insurance, benefitsany claims for reinstatement, obligationsall employee benefits and claims for money, promisesout of pocket expenses, agreementsany claims for emotional distress, controversiesdegradation, attorney’s feeshumiliation, costs, and rights of any kind that Employee might now have or nature whatsoever, in law or in equitymay subsequently have, whether known or unknown, which arise suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Employee’s employment. By way of specification employment and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may termination from employment which have heretofore had, or may at any time hereafter have against the Released Parties on matters arising occurred prior to and up throughout the term of this Agreement, except those matters specifically set forth herein and except for any pension or retirement benefits which may have vested on Employee’s behalf, if any. Notwithstanding the foregoing, nothing herein shall be construed to release any claim or obligation arising under this Agreement, or the obligation of the Company to indemnify or advance expenses pursuant to the date of this Release under tortIndemnification Agreement, contract, statute, any director and officer or other law insurance coverage of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VIICompany, the Civil Rights Act general corporate laws of 1991any applicable jurisdiction, the ADACompany’s articles of incorporation, the ADEA, the FMLA, or under any other by-laws, ordinances, executive orders, rules, code of regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual statesother charter documents, or any political subdivision thereofother agreement between the Company and Employee.

Appears in 1 contract

Samples: Separation Agreement (Datatrak International Inc)

Employee’s Release. In exchange for consideration of the promises and covenants agreements set forth herein, including the payment of the Success Bonus, Employee, Employee’s Employee does hereby for himself and for his heirs, next of kinexecutors, personal successors and assigns, release and forever discharge the Company, its subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, assigns and successors in interestagents, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessorsemployees, successors, assigns, agents, directors, officers, employees, representatives, and attorneys, insurance carriersboth known and unknown, benefit plans in both their personal and all other persons acting byagency capacities (collectively, through, under or in concert with any the “Company Entities”) of them (“Released Parties”), and from any and all grievancesclaims, demands, damages, actions or causes of action, suits, claims, charges, complaints, liabilitiescontracts, damageswhether oral or written, lawsuitsexpress or implied and promises, actionsat law or in equity, causes of actionwhatsoever kind or nature, rightsincluding but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, demandsincluding but not limited to Title VII of The Civil Rights Act of 1964 as amended, costsERISA, lossesThe Americans With Disabilities Act, debtsthe Age Discrimination in Employment Act, reinstatementthe Older Workers Benefit Protection Act, instatementthe Iowa Civil Rights Act, engagementbreach of any express or implied contract or promise, employmentwrongful discharge, bonusesviolation of public policy, commissionsor tort, all demands for attorney’s fees, back pay, front holiday pay, lost wagesvacation pay, liquidatedbonus, compensatory and/or punitive damagesgroup insurance, benefitsany claims for reinstatement, obligationsall employee benefits and claims for money, promisesout of pocket expenses, agreementsany claims for emotional distress, controversiesdegradation, attorney’s feeshumiliation, costs, and rights of any kind that Employee might now have or nature whatsoever, in law or in equitymay subsequently have, whether known or unknown, which arise suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Employee’s employment and termination from employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees which have occurred prior to forego the Effective Date of this Agreement, except those matters specifically set forth herein and except for any rights pension or claims that Employee may now have, retirement benefits which may have heretofore hadvested on Employee’s behalf, if any. Notwithstanding the foregoing, nothing herein shall be construed to release any claim or obligation arising under this Agreement, or may at any time hereafter have against the Released Parties on matters arising prior obligation of the Company to and up indemnify or advance expenses pursuant to the date of this Release under tortIndemnification Agreement, contract, statute, any director and officer or other law insurance coverage of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VIICompany, the Civil Rights Act general corporate laws of 1991any applicable jurisdiction, the ADACompany’s articles of incorporation, the ADEA, the FMLA, or under any other by-laws, ordinances, executive orders, rules, code of regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual statesother charter documents, or any political subdivision thereofother agreement between the Company and Employee.

Appears in 1 contract

Samples: Separation Agreement (Cycle Country Accessories Corp)

Employee’s Release. In exchange for consideration of the promises and covenants agreements set forth herein, including the payment of the Success Bonus, Employee, Employee’s Employee does hereby for himself and for his heirs, next of kinexecutors, personal successors and assigns, release and forever discharge the Company, its parent company(ies), subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, shareholders, management, representatives, assigns and successors in interestagents, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessorsemployees, successors, assigns, agents, directors, officers, employees, representatives, and attorneys, insurance carriersboth known and unknown, benefit plans in both their personal and all other persons acting byagency capacities (collectively, through, under or in concert with any “the Company Entities”) of them (“Released Parties”), and from any and all grievancesclaims, demands, damages, actions or causes of action, suits, claims, charges, complaints, liabilitiescontracts, damageswhether oral or written, lawsuitsexpress or implied and promises, actionsat law or in equity, causes of actionwhatsoever kind or nature, rightsincluding but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, demandsincluding but not limited to Title VII of The Civil Rights Act of 1964 as amended, costsERISA, lossesThe Americans With Disabilities Act, debtsthe Age Discrimination in Employment Act, reinstatementthe Older Workers Benefit Protection Act, instatementbreach of any express or implied contract or promise, engagementwrongful discharge, employmentviolation of public policy, bonusesor tort, commissions, all demands for attorney’s fees, back pay, front holiday pay, lost wagesvacation pay, liquidatedbonus, compensatory and/or punitive damagesgroup insurance, benefitsany claims for reinstatement, obligationsall employee benefits and claims for money, promisesout of pocket expenses, agreementsany claims for emotional distress, controversiesdegradation, attorney’s feeshumiliation, costs, and rights of any kind that Employee might now have or nature whatsoever, in law or in equitymay subsequently have, whether known or unknown, which arise suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its directors, officers, shareholders, employees and/or agents arising out of Employee’s employment. By way of specification employment and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may termination from employment which have heretofore had, or may at any time hereafter have against the Released Parties on matters arising occurred prior to and up throughout the term of this Agreement, except those matters specifically set forth herein and except for any pension or retirement benefits which may have vested on Employee’s behalf, if any. Notwithstanding the foregoing, nothing herein shall be construed to release any claim or obligation arising under this Agreement, or the obligation of the Company to indemnify or advance expenses pursuant to the date of this Release under tortIndemnification Agreement, contract, statute, any director and officer or other law insurance coverage of the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VIICompany, the Civil Rights Act general corporate laws of 1991any applicable jurisdiction, the ADACompany’s articles of incorporation, the ADEA, the FMLA, or under any other by-laws, ordinances, executive orders, rules, code of regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual statesother charter documents, or any political subdivision thereofother agreement between the Company and Employee.

Appears in 1 contract

Samples: Separation Agreement (Datatrak International Inc)

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Employee’s Release. In exchange for consideration of the promises and covenants agreements set forth herein, including the payment of the Success Bonus, Employee, Employee’s Employee does hereby for himself and for his heirs, next of kinexecutors, personal successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, directors, trustees, shareholders, management, representatives, assigns and successors in interestagents, hereby irrevocablyemployees, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessorsplan administrators, successors, assigns, agents, directors, officers, employees, representatives, and attorneys, insurance carriersboth known and unknown, benefit plans in both their personal and all other persons acting byagency capacities (collectively, through, under or in concert with any the “Company Entities”) of them (“Released Parties”), and from any and all grievancesclaims, charges, complaints, liabilitiesdemands, damages, lawsuits, actions, actions or causes of action, rightssuits, demandsclaims, costscomplaints, lossescontracts, debtswhether oral or written, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, express or implied and promises, agreements, controversies, attorney’s fees, costs, and rights of any kind or nature whatsoever, in at law or in equity, whether known of whatsoever kind or unknownnature, which arise out including but not limited to any alleged violation of Employee’s employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights state or claims that Employee may now have, may have heretofore had, federal anti-discrimination statutes or may at any time hereafter have against the Released Parties on matters arising prior to and up to the date of this Release under tort, contract, statute, or other law of the United States or any of its individual statesregulations, including, but not limited to, claims arising out Title VII of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the The Civil Rights Act of 19911964 as amended, ERISA, the ADAAmericans With Disabilities Act, the ADEAAge Discrimination in Employment Act, the FMLAOlder Workers Benefit Protection Act (“OWBPA”), breach of any express or implied contract or promise, wrongful discharge, violation of public policy, tort claims, all demands for attorney’s fees, back pay, holiday pay, vacation pay, bonus, group insurance, any claims for reinstatement, all employee benefits and claims for money, out of pocket expenses, any claims for emotional distress, degradation, and humiliation, that Employee might now have or may subsequently have, whether known or unknown, suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company Entities which have occurred prior to and including the date of Employee’s execution of this Agreement, except those matters specifically set forth herein and except for any pension or 401(K) benefits which may have vested on Employee’s behalf, if any, and any rights to unemployment benefits which Employee may have. This release does not apply to Employee’s rights and entitlements in regard to the Option Agreement referenced in Paragraph 4 hereof, any 401(k) Plan or to his rights and entitlements under this Agreement. Moreover, Employee may file a charge with, testify, assist, or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or state civil rights agency as to the employment laws enforced by such agencies; provided, however, that Employee understands and agrees that he is waiving and releasing his rights to monetary damages under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under such laws by reason of her agreement to the statutory or common laws of the United States or any of its individual states, or any political subdivision thereofgeneral release language stated above.

Appears in 1 contract

Samples: Separation Agreement (Fairmount Santrol Holdings Inc.)

Employee’s Release. In exchange Pursuant to the Separation Agreement and Release entered into between Xxxxxxx Xxxxxx (the “Employee”), and Prima Biomed Ltd., an Australian limited company (the “Company”) dated July 9 2014,, (the “Agreement”), and except for the promises payments and covenants hereinbenefits as provided in the Agreement, including the payment of the Success Bonus, Employee, Employee’s Employee on his own behalf and together with his heirs, next of kin, personal representatives, assigns and successors in interest, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessors, successors, assigns, agentsexecutors, agents and representatives hereby waives, releases and discharges the Company and its predecessors, successors (by merger or otherwise), parents, subsidiaries, affiliates and assigns, together with each and every of their present, past and future officers, managers, directors, officersshareholders, employeesmembers, representativesgeneral partners, attorneyslimited partners, insurance carriers, benefit plans employees and all other persons acting by, through, under or in concert with any agents and the heirs and executors of them same (herein collectively referred to as the Released PartiesReleasees), ) from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actionssuits, causes of action, rightscomplaints, obligations, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costs, and rights common law or statutory claims of any kind or nature whatsoeverkind, whether in law or in equity, whether direct or indirect, known or unknownunknown (hereinafter “Claims”), which arise out of Employee’s employment. By way of specification and not by way of limitation, the Employee specifically waives, releases, and agrees to forego any rights ever had or claims that Employee may now have, may have heretofore hadhas against the Releasees, or may at any time hereafter have against the Released Parties on matters arising prior one of them occurring up to and up to including the date of the this General Release under tort(the “Release”). Notwithstanding anything herein to the contrary, contractthe Employee’s release is not and shall not be construed as a release of any future claim by the Employee against the Company, statuteto the extent a claim may otherwise exist, for indemnity, contribution or cost of defense in connection with the Employee being made a party to a suit initiated by or on behalf of a third party, which suit is based, in whole or in part, upon the work performed by the Employee for the Company within the scope of the Employee’s position and duties with the Company, or other law any alleged misconduct by the Employee within the scope of the United States Employee’s former position and duties as an officer or any employee of its individual states, includingthe Company. This release specifically includes, but is not limited to: a. any and all Claims for wages and benefits including, claims arising out of allegations of wrongfulwithout limitation, retaliatory or constructive salary, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses; b. any and all Claims for wrongful discharge, breach of contract, whether express or implied, violation of public policy, violation of any whistle-blower statutes, and Claims for breach of implied covenant covenants of good faith and fair dealing; c. any and all Claims for alleged employment discrimination, tortious interference with contractharassment or retaliation on the basis of race, misrepresentationcolor, fraudreligion, promissory estoppelsex, slanderage, libelnational origin, defamationveteran status, emotional pain and suffering and intentional infliction of emotional distress disability, or any claim other protected basis in violation of any federal, state or local statute, ordinance, judicial precedent or Executive order, including but not limited to any claims under the following statutes: Title VIIVII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Civil Rights Act of 1991; the Rehabilitation Act of 1972, as amended, 29 U.S.C. §701 et seq.; the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. §00000 et seq.; the Family and Medical Leave Act of 1993, 29 X.X.X. §0000, et seq.; the Fair Labor Standards Act, as amended, 29 U.S.C. §201, et seq.; the Fair Credit Reporting Act, as amended, 15 U.S.C. §1681, et seq.; and the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1000, et seq. (“ERISA”) or any comparable state statute, law or local ordinance, including without limitation the California Fair Employment and Housing Act, the ADACalifornia Family Rights Act, the ADEACalifornia Labor Code, and the FMLA, California Business and Professions Code; d. any and all Claims under any federal or state statute relating to employee benefits or pensions; e. any and all Claims in tort or under common law, including but not limited to, any other lawsClaims for assault, ordinancesbattery, executive ordersfraud, rulesmisrepresentation, regulations defamation, interference with contract or administrative prospective economic advantage, intentional or judicial case law arising under the statutory negligent infliction of emotional distress, duress, loss of consortium, invasion of privacy and negligence; and f. any and all Claims for penalties, damages (including liquidated or common laws of the United States or any of its individual statespunitive damages), or any political subdivision thereofinterest, attorneys’ fees and costs.

Appears in 1 contract

Samples: Separation Agreement (Prima BioMed LTD)

Employee’s Release. In exchange consideration for the promises and covenants benefits described herein, including the payment and for other good and valuable consideration, which are of the Success Bonusgreater value than Employee would normally be entitled upon resignation, Employee, Employee’s on behalf of himself, his heirs, next of kinexecutors, personal administrators, attorneys, agents, representatives and assigns, hereby forever releases CRCO and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, assigns and each of their predecessors, successors and assigns, from any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any nature whatsoever, whether known or unknown, relating in interestany way to any act, hereby irrevocablyomission, unconditionally event, relationship, conduct, policy or practice prior to the Effective Date, including without limitation his employment with CRCO and generally releasesthe separation thereof, acquits including, without limitation, any claims for discrimination, harassment, retaliation or any other violation under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and forever discharges any other claims under all other federal, state or local laws including, but not limited to claims for breach of contract; claims for wrongful discharge; claims for emotional distress; claims for unpaid wages, salary or back pay, defamation, fraud, misrepresentation or any other personal injury; claims for unpaid compensation; claims relating to benefits; claims for attorneys’ fees and costs, claims for reinstatement or employment; and all other claims under any federal, state or local law or cause of action (collectively, the “Employee Released Claims”). Employee represents that he has not filed any such Employee Released Claims and he further agrees not to assert or file any such Employee Released Claims in the future or to seek or accept any monetary relief with respect to Employee Released Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law CFClaw. Employee represents and warrants that no Employee Released Claim released herein has been assigned, its Affiliatesexpressly, ownersimpliedly, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, insurance carriers, benefit plans and all other persons acting by, through, under or in concert with any by operation of them (“Released Parties”), from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actions, causes of action, rights, demands, costs, losses, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costslaw, and rights of that all Employee Released Claims released herein are owned by Employee, who has the sole authority to release them. Employee agrees that he shall forever refrain and forebear from commencing, instituting or prosecuting any kind lawsuit action or nature whatsoeverproceeding, in law judicial, administrative or in equity, whether known otherwise collect or unknown, which arise out of Employee’s employmentenforce any Employee Release Claim. By way of specification It is understood and agreed that the release given by Employee herein does not by way of limitation, Employee specifically waives, releases, and agrees apply to forego any rights or claims that Employee may now have, may have heretofore had, or may at any time hereafter have against the Released Parties on matters arising prior to and up to the date for breach of this Release under tort, contract, statute, Agreement or other law of the United States or any of its individual states, including, but Claims that cannot limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the Civil Rights Act of 1991, the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual states, or any political subdivision thereofbe released by law.

Appears in 1 contract

Samples: Separation Agreement (Carolco Pictures, Inc.)

Employee’s Release. In exchange consideration for the promises payments and covenants hereinbenefits described above and for other good and valuable consideration, including the payment of the Success Bonus, Employee, Employee’s heirs, next of kin, personal representatives, assigns and successors in interest, Employee hereby irrevocably, unconditionally and generally releases, acquits releases and forever discharges to the fullest extent permitted by law CFCCompany, its AffiliatesSpiral and the Subsidiaries, owners, predecessors, successors, assigns, agents, as well as any affiliates of the foregoing and all of their respective directors, officers, employees, representativesmembers, agents, and attorneys, insurance carriers, benefit plans of and all other persons acting by, through, under or in concert with any of them (“Released Parties”), from any and all grievances, charges, complaints, liabilities, damages, lawsuits, actions, manner of actions and causes of action, rights, demands, costs, lossessuits, debts, reinstatement, instatement, engagement, employment, bonuses, commissions, fees, back pay, front pay, lost wages, liquidated, compensatory and/or punitive damages, benefits, obligations, promises, agreements, controversies, attorney’s fees, costsclaims, and rights demands whatsoever, in law or equity, known or unknown, asserted or unasserted, which he ever had, now has, or hereafter may have on account of his employment with the Company and/or Spiral, the termination of his employment with the Company and/or Spiral, and/or any other fact, matter, incident, claim, injury, event, circumstance, happening, occurrence, and/or thing of any kind or nature whatsoever, in law which arose or in equity, whether known or unknown, which arise out of Employee’s employment. By way of specification and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may have heretofore had, or may at any time hereafter have against the Released Parties on matters arising occurred prior to and up to the date of when he executes this Release under tort, contract, statute, or other law of the United States or any of its individual statesAgreement, including, but not limited to, any and all claims arising out of allegations of wrongful, retaliatory or constructive discharge, for wrongful termination; breach of any implied or express employment contract, ; unpaid compensation of any kind; breach of any fiduciary duty and/or duty of loyalty; breach of any implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and ; negligent or intentional infliction of emotional distress distress; defamation; fraud; unlawful discrimination, harassment; or retaliation based upon age, race, sex, gender, sexual orientation, marital status, religion, national origin, medical condition, disability, handicap, or otherwise; any claim and all claims arising under arising under Title VII, VII of the Civil Rights Act of 19911964, as amended (“Title VII”); the Equal Pay Act of 1963, as amended (“EPA”); the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act of 1990, as amended (“ADA”); the Family and Medical Leave Act, as amended (“FMLA”); the ADEAEmployee Retirement Income Security Act of 1974, as amended ("ERISA"); the FMLAXxxxxxxx-Xxxxx Act of 2002, as amended (“SOX”); the Worker Adjustment and Retraining Notification Act of 1988, as amended (“WARN”); and/or any other federal, state, or local law(s) or regulation(s); any and all claims for damages of any nature, including compensatory, general, special, or punitive; and any and all claims for costs, fees, or other expenses, including attorneys' fees, incurred in any of these matters (the “Release”). The Parties acknowledge however, that Employee does not release or waive any rights to contribution or indemnity under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws this Agreement to which he may otherwise be entitled. Each of the United States Parties also acknowledges that Employee does not release or waive any of its individual statesclaims, and that he retains any rights he may have, to any vested 401(k) monies (if any) or benefits (if any), or any political subdivision thereofother benefit entitlement that is vested as of the Termination Date pursuant to the terms of any Spiral-sponsored benefit plan governed by ERISA. Nothing contained herein shall release any of the Parties from its obligations set forth in this Agreement.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Spiral Energy Tech., Inc.)

Employee’s Release. In exchange for consideration of the promises and covenants hereinagreements set forth in the Separation Agreement between Employee and the Company to which this General Release of Claims (the “General Release”) is attached as Exhibit A, including the payment of the Success Bonus, Employee, Employee’s Employee does hereby for himself and for his heirs, next of kinexecutors, personal successors and assigns, release and forever discharge the Company, its parents, subsidiaries, divisions, and affiliated businesses, direct or indirect, if any, together with its and their respective officers, managers, directors, trustees, members, shareholders, management, representatives, assigns and successors in interestagents, hereby irrevocably, unconditionally and generally releases, acquits and forever discharges to the fullest extent permitted by law CFC, its Affiliates, owners, predecessorsemployees, successors, assigns, agents, directors, officers, employees, representatives, and attorneys, insurance carriersboth known and unknown, benefit plans in both their personal and all other persons acting byagency capacities (collectively, through, under or in concert with any “the Company Entities”) of them (“Released Parties”), and from any and all grievancesclaims, demands, damages, actions or causes of action, suits, claims, charges, complaints, liabilitiescontracts, damageswhether oral or written, lawsuitsexpress or implied and promises, actionsat law or in equity, causes of actionwhatsoever kind or nature, rightsincluding but not limited to any alleged violation of any state or federal anti-discrimination statutes or regulations, demandsincluding but not limited to Title VII of The Civil Rights Act of 1964 as amended, costsERISA, lossesthe Americans With Disabilities Act, debtsthe Age Discrimination in Employment Act, reinstatementthe Older Workers Benefit Protection Act, instatementbreach of any express or implied contract or promise, engagementwrongful discharge, employmentviolation of public policy, bonusesor tort, commissions, all demands for attorney’s fees, back pay, front holiday pay, lost wagesvacation pay, liquidatedbonus, compensatory and/or punitive damagesgroup insurance, benefitsany claims for reinstatement, obligationsall employee benefits and claims for money, promisesout of pocket expenses, agreementsor any claims for emotional distress, controversiesdegradation, attorney’s feesor humiliation, costs, and rights of any kind that Employee might now have or nature whatsoever, in law or in equitymay subsequently have, whether known or unknown, which arise suspected or unsuspected, by reason of any matter or thing, arising out of or in any way connected with, directly or indirectly, any acts or omissions of the Company or any of its managers, directors, officers, members, shareholders, employees and/or agents arising out of Employee’s employment. By way of specification employment and not by way of limitation, Employee specifically waives, releases, and agrees to forego any rights or claims that Employee may now have, may resignation from employment which have heretofore had, or may at any time hereafter have against the Released Parties on matters arising occurred prior to and up including the Effective Date of this General Release. This release does not apply to Employee’s rights and entitlements in regard to any pension or retirement benefits which may have vested on Employee’s behalf, if any, or to his rights and entitlements under this General Release. Moreover, Employee may file a charge with, testify, assist, or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or state fair employment practices agency as to the date employment laws enforced by such agencies; provided, however, that Employee understands and agrees that he is waiving and releasing his rights to monetary damages under such laws by reason of this Release under tort, contract, statute, or other law of his agreement to the United States or any of its individual states, including, but not limited to, claims arising out of allegations of wrongful, retaliatory or constructive discharge, breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, misrepresentation, fraud, promissory estoppel, slander, libel, defamation, emotional pain and suffering and intentional infliction of emotional distress or any claim under Title VII, the Civil Rights Act of 1991, the ADA, the ADEA, the FMLA, or under any other laws, ordinances, executive orders, rules, regulations or administrative or judicial case law arising under the statutory or common laws of the United States or any of its individual states, or any political subdivision thereofgeneral release language stated above.

Appears in 1 contract

Samples: Separation Agreement (CRAWFORD UNITED Corp)

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