Common use of Employee’s Release Clause in Contracts

Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employment, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, 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 any way to any act, omission, event, relationship, conduct, policy or practice prior to the Effective Date, including without limitation his employment with WRIT and the termination thereof (“Claims”). This release includes without limitation 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, the Maryland Human Rights Act, the Xxxxxxxxxx County Human Rights Act, and any other Claims under all other federal, state or local laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distress, 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. Employee represents that he has not filed any such Claims, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by law.

Appears in 1 contract

Samples: Separation Agreement and General Release (Washington Real Estate Investment Trust)

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Employee’s Release. In consideration for the benefits described Special Severance Benefits set forth above in Section 2 (but not Section 1) hereinParagraph 2, and for other good and valuable considerationconsideration set forth in this Agreement, which are of greater value than Employee would normally be entitled upon termination of employment, Employeeyou agree, on behalf of himselfyourself, his heirs, descendants, executors, administrators, assigns and successors, to waive, release, covenant not to xxx, and forever discharge Employer, its parents, subsidiaries, affiliates, owners, trustees, officers, directors, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, ownersemployees, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assignsthem individually or collectively (“Released Parties”), from any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any nature whatsoever, whether known or unknown, liquidated or unliquidated, that you may have relating in any way to any act, omission, event, relationship, conduct, policy or practice prior to the Effective Date, including without limitation his arising out of your employment with WRIT Employer and the termination thereof as of the effective date of this Agreement (the ClaimsRelease”). This release includes without limitation Claims Release includes, but is not limited to, any claims of wrongful discharge, breach of express or implied contract, claims for discriminationwages, harassmentcommissions or expenses, retaliation fraud, misrepresentation, defamation, slander and libel, liability in tort, claims of any kind that may be brought in any court or administrative agency, any other violation claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act Acts of 19641964 and 1991, as amended, the Americans with Disabilities Act, the Maryland Human Rights Age Discrimination in Employment Act, the Xxxxxxxxxx County Human Rights Family Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1985, Sections 1981 and 1983 of Title 42 of the United States Code, the National Labor Relations Act, as amended, the Immigration Reform and Control Act, as amended, the Workers Adjustment and Retraining Notification Act, as amended, the Occupational Safety and Health Act, as amended, or any other Claims under all other federal, state or local laws; Claims law relating to your employment, employee benefits or the termination of your employment. Except to the extent such agreement is prohibited by applicable law or regulation, Executive agrees that if he attempts to avoid or set aside the terms of the Agreement or if any Released Party successfully asserts the Agreement as a defense or bar to any suit or claim asserted by Executive, Executive shall be liable for breach reimbursing the Released Party for its reasonable costs and attorneys’ fees in defending against such claims or asserting such defense. Should any third party bring any action or claim against a Released Party on Executive’s behalf, Executive acknowledges and agrees that the Agreement provides him with full relief and he will not accept any additional relief. If the release of contract; Claims for wrongful discharge; Claims for emotional distressany one claim described herein is found invalid, defamation, fraud, misrepresentation or Executive acknowledges and agrees that such invalidity has no affect on the validity of 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 release of action. Employee represents that he has not filed any such Claims, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by lawclaim.

Appears in 1 contract

Samples: Separation Agreement and Full and Final Release (Hooker Furniture Corp)

Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, Additional Contractual Payments stated above by the Company and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employment, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives irrevocably and assigns, hereby forever unconditionally releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, the Company from any and all known and unknown claims, demandscomplaints, suits, actions, damages, losses, expenses, charges or causes of action action, or demands ("Actions") of whatever kind or nature arising out of any nature whatsoever, whether known or unknown, relating in any way to any act, omission, event, relationshipaction, conduct, policy decision, behavior, or practice event occurring prior to the Effective Dateeffective dates of this General Release, including without limitation his employment with WRIT and the termination thereof (“Claims”). This release includes without limitation Claims for discriminationincluding, harassmentbut not limited to, retaliation or any other violation actions under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964; the Older Workers Benefit Protection Act as amended, the Age Discrimination in Employment Act of 1967; the Equal Pay Act of 1993; the Rehabilitation Act of 1973; Section 1981 of the Civil Rights of 1866; the Civil Rights Act of 1991; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993, the Maryland Human Rights Worker's Adjustment and Retraining Notification Act, the Xxxxxxxxxx County Human Rights Act, and ; any other Claims under all other federal, state or local lawsstate or local statue or regulation regarding employment or discrimination in employment or Separation of employment; Claims for and any Actions under any theory of libel, slander, breach of contract; Claims for , wrongful discharge; Claims for , detrimental reliance, intentional or negligent infliction of emotional distress, defamationtort, 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 theory under any federal, state or local law or cause of action. Employee represents that he has not filed any such Claimsthe common law, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC Actions for uncompensated expenses, incentive pay, separation pay, vacation pay, or any other fair employment agency form of compensation, PROVIDED THAT Employee is not releasing (a) any rights or benefits, whether monetary or non-monetary, provided to him in this Amended Agreement or (b) any vested rights Employee may /s/ ER Employee ------------ /s/ CO Company ------------ currently have under the fullest extent permitted by lawCompany's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. It is understood The Employee covenants not to sue the Company or bring any Actions on any claims through March 11, 2005, PROVIDED FURTHER THAT Employee may enforce the terms and agreed that this Release does not apply to claims for breach conditions of this Agreement or Claims that cannot be released by lawAmended Agreement. THIS MEANS THAT BY SIGNING THIS AMENDED AGREEMENT, EMPLOYEE WILL HAVE WAIVED ANY RIGHT HE MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY LEGAL CLAIM AGAINST THE COMPANY THAT IN ANY WAY ARISES FROM OR RELATES TO HIS EMPLOYMENT RELATIONSHIP WITH THE COMPANY OR THE SEPARATION OF HIS EMPLOYMENT RELATIONSHIP WITH THE COMPANY EXCEPT AS RETAINED HEREIN.

Appears in 1 contract

Samples: Contractor Agreement (Technical Olympic Usa Inc)

Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employmentresignation, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, 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 any way to any act, omission, event, relationship, conduct, policy or practice prior to the Effective Date, including without limitation his employment with WRIT and the termination separation thereof ("Claims"). This release includes without limitation 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, the Maryland Human Rights Act, the Xxxxxxxxxx County Human Rights Act, and any other Claims under all other federal, state or local laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distress, 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. Employee represents that he has not filed any such Claims, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by law.

Appears in 1 contract

Samples: Separation Agreement and General Release (Washington Real Estate Investment Trust)

Employee’s Release. (a) In consideration for of the Company’s obligations set forth in this Agreement, including but not limited to the payments and benefits described in Section Paragraphs 2 (but not Section 1) hereinand 3 above, you voluntarily, knowingly and for other good willingly release and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employment, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliatesdischarge the Company, and its parents, affiliates, and subsidiaries, together with their respective present or former officers, directors, trustees, ownerspartners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, in their individual and official capacities (collectively, the “Employee Releasees”) from any and all rights, claims, causes of action, charges, demands, suits, actions, damages, losses, expenses, charges or causes damages and liabilities of action of any nature every kind whatsoever, whether known or unknown, suspected or unsuspected, which you or your executors, administrators, successors or assigns ever had, now have or hereafter can, shall or may have by reason of any matter, cause or thing whatsoever, arising from the beginning of time to the time you sign this Agreement (the “Release”). This Release includes, but is not limited to, any rights or claims relating in any way to your employment relationship with the Company or any actof its parents, omissionsubsidiaries, eventor affiliates, relationship, conduct, policy any rights or practice prior to the Effective Dateclaims arising under any statute or regulation, including without limitation his employment with WRIT and the termination thereof (“Claims”). This release includes without limitation Claims for discrimination, harassment, retaliation or any other violation under the Age Discrimination in Employment Actlimitation, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Older Workers Benefit Protection Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, the Rehabilitation Act of 1973, the Employee Retirement Income Security Act of 1974, the anti-retaliation provisions of the Fair Labor Standards Act, the Maryland Human Rights Genetic Information Nondiscrimination Act, the Xxxxxxxxxx County Human National Labor Relations Act, the Fair Credit Reporting Act, Section 1981 of the Civil Rights ActAct of 1866, the Worker Adjustment Retraining and Notification (“WARN”) Act and any state WARN statutes (including, but not limited to, claims for additional financial compensation or any other benefit because of my job loss), each of the foregoing as amended, and any other Claims under all other federal, state or local laws; Claims for breach of law, regulation, ordinance or common law, or under any plan, program, policy, agreement, contract; Claims for wrongful discharge; Claims for emotional distress, defamationunderstanding or promise, fraudwritten or oral, misrepresentation formal or informal, between the Company or any other personal injury; Claims of the Employee Releasees and you, including but not limited to, any claim for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and severance pay, attorney’s fees, costs, Claims for reinstatement and/or other fringe benefit of the Company or employment; any of the other Employee Releasees, and any and all other Claims under any federal, state or local law or cause of action. Employee represents that he has not filed any such Claims, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement alleged tortious, defamatory or Claims that cannot be released by lawfraudulent conduct.

Appears in 1 contract

Samples: Separation and Transition Agreement (Exicure, Inc.)

Employee’s Release. In consideration for Employee hereby releases, discharges and forever acquits the benefits described in Section 2 (but not Section 1) hereinCompany, Linn Energy, LLC and for other good their respective affiliates and valuable considerationsubsidiaries and the past, which are of greater value than Employee would normally be entitled upon termination of employmentpresent and future stockholders, Employeemembers, on behalf of himselfpartners, his heirsdirectors, executorsmanagers, administratorsemployees, agents, attorneys, agentsheirs, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and legal representatives, and each of their predecessors, successors and assignsassigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and hereby waives, any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any nature whatsoeverkind related to Employee’s employment with any Company Party, whether known the termination of such employment, and any other acts or unknown, relating in any way omissions related to any act, omission, event, relationship, conduct, policy matter on or practice prior to the Effective Date, date of this Agreement including without limitation his employment with WRIT and any alleged violation through the termination thereof date of this Agreement of: (“Claims”). This release includes without limitation Claims for discrimination, harassment, retaliation or any other violation under a) the Age Discrimination in Employment ActAct of 1967, as amended; (b) Title VII of the Civil Rights Act of 1964, as amended; (c) the Civil Rights Act of 1991; (d) Section 1981 through 1988 of Title 42 of the United States Code, as amended; (e) Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (f) the Americans with Disabilities Act of 1990, as amended; (g) the National Labor Relations Act, as amended; (h) the Maryland Human Rights Occupational Safety and Health Act, as amended; (i) the Xxxxxxxxxx County Human Rights Act, Family and Medical Leave Act of 1993; (j) any state anti-discrimination law; (k) any state wage and hour law; (l) any other Claims under all other federallocal, state or local lawsfederal law, regulation or ordinance; Claims (m) any public policy, contract, tort, or common law claim; (n) any allegation for breach costs, fees, or other expenses including attorneys’ fees incurred in these matters; (o) any and all rights, benefits or claims Employee may have under any employment contract, incentive compensation plan or stock option plan with any Company Party or to any ownership interest in any Company Party except as expressly provided in the Separation Agreement and any stock option or other equity compensation agreement between Employee and a Company Party; and (p) any claim for compensation or benefits of contract; Claims for wrongful discharge; Claims for emotional distress, defamation, fraud, misrepresentation any kind not expressly set forth in this Agreement or any such stock option or other personal injury; equity compensation agreement (collectively, the “Released Claims”). In no event shall the Released Claims include (a) any claim which arises after the date of this Agreement, (b) any claim to vested benefits under an employee benefit plan, (c) any claims under the terms of this Agreement, or (d) any rights to indemnification from the Company and its direct or indirect subsidiaries pursuant to any provisions of the Company’s (or an subsidiaries’) organizational documents or any directors and officers liability insurance policies maintained by the Company. This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and coststhe consideration set forth in Sections 2 through 7 (except Section 3) of this Agreement, Claims for reinstatement or employment; any and all other Claims potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. By signing this Agreement, Employee is bound by it. Anyone who succeeds to Employee’s rights and responsibilities, such as heirs or the executor of Employee’s estate, is also bound by this Agreement. This release also applies to any claims brought by any person or agency or class action under which Employee may have a right or benefit. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any federal, non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local law agency or cause participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief or recovery as a result of actionsuch EEOC or comparable state or local agency proceeding or subsequent legal actions. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. Employee agrees not to bring or join any lawsuit against any of the Company Parties in any court relating to any of the Released Claims. Employee represents that he Employee has not brought or joined any lawsuit or filed any such Claimscharge or claim against any of the Company Parties in any court or before any government agency and has made no assignment of any rights Employee has asserted or may have against any of the Company Parties to any person or entity, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief each case, with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by lawReleased Claims.

Appears in 1 contract

Samples: Separation Agreement (Linn Energy, LLC)

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Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employmentresignation, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT CRCO and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, 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 any way to any act, omission, event, relationship, conduct, policy or practice prior to the Effective Date, including without limitation his employment with WRIT CRCO and the termination thereof (“Claims”). This release includes separation thereof, including, without limitation Claims 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, the Maryland Human Rights Act, the Xxxxxxxxxx County Human Rights Act, Act and any other Claims claims under all other federal, state or local laws; Claims laws including, but not limited to claims for breach of contract; Claims claims for wrongful discharge; Claims claims for emotional distress; claims for unpaid wages, salary or back pay, defamation, fraud, misrepresentation or any other personal injury; Claims claims for unpaid compensation; Claims claims relating to benefits; Claims claims for attorneys' fees and costs, Claims claims for reinstatement or employment; and all other Claims claims under any federal, state or local law or cause of actionaction (collectively, the “Employee Released Claims”). Employee represents that he has not filed any such Claims, 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. Employee represents and warrants that no Employee Released Claim released herein has been assigned, expressly, impliedly, or by operation of law, and 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 lawsuit action or proceeding, judicial, administrative or otherwise collect or enforce any Employee Release Claim. It is understood and agreed that this Release the release given by Employee herein does not apply to claims for breach of this Agreement or Claims that cannot be released by law.

Appears in 1 contract

Samples: Separation Agreement and General Release (Carolco Pictures, Inc.)

Employee’s Release. In consideration for Employee hereby releases, discharges and forever acquits the benefits described in Section 2 (but not Section 1) hereinCompany, Linn Energy, LLC and for other good their respective affiliates and valuable considerationsubsidiaries and the past, which are of greater value than Employee would normally be entitled upon termination of employmentpresent and future stockholders, Employeemembers, on behalf of himselfpartners, his heirsdirectors, executorsmanagers, administratorsemployees, agents, attorneys, agentsheirs, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and legal representatives, and each of their predecessors, successors and assignsassigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and hereby waives, any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action of any nature whatsoeverkind related to Employee’s employment with any Company Party, whether known the termination of such employment, and any other acts or unknown, relating in any way omissions related to any act, omission, event, relationship, conduct, policy matter on or practice prior to the Effective Date, date of this Agreement including without limitation his employment with WRIT and any alleged violation through the termination thereof date of this Agreement of: (“Claims”). This release includes without limitation Claims for discrimination, harassment, retaliation or any other violation under a) the Age Discrimination in Employment ActAct of 1967, as amended; (b) Title VII of the Civil Rights Act of 1964, as amended; (c) the Civil Rights Act of 1991; (d) Section 1981 through 1988 of Title 42 of the United States Code, as amended; (e) Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (f) the Americans with Disabilities Act of 1990, as amended; (g) the National Labor Relations Act, as amended; (h) the Maryland Human Rights Occupational Safety and Health Act, as amended; (i) the Xxxxxxxxxx County Human Rights Act, Family and Medical Leave Act of 1993; (j) any state anti-discrimination law; (k) any state wage and hour law; (l) any other Claims under all other federallocal, state or local lawsfederal law, regulation or ordinance; Claims (m) any public policy, contract, tort, or common law claim; (n) any allegation for breach costs, fees, or other expenses including attorneys’ fees incurred in these matters; (o) any and all rights, benefits or claims Employee may have under any employment contract, incentive compensation plan or stock option plan with any Company Party or to any ownership interest in any Company Party except as expressly provided in the Separation Agreement and any stock option or other equity compensation agreement between Employee and a Company Party; and (p) any claim for compensation or benefits of contract; Claims for wrongful discharge; Claims for emotional distress, defamation, fraud, misrepresentation any kind not expressly set forth in this Agreement or any such stock option or other personal injury; equity compensation agreement (collectively, the “Released Claims”). In no event shall the Released Claims include (a) any claim which arises after the date of this Agreement, (b) any claim to vested benefits under an employee benefit plan, (c) any claims under the terms of this Agreement, or (d) any rights to indemnification from the Company and its direct or indirect subsidiaries pursuant to any provisions of the Company’s (or any subsidiaries’) organizational documents or any directors and officers liability insurance policies maintained by the Company. This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for unpaid compensation; Claims relating to benefits; Claims for attorneys' fees and coststhe consideration set forth in Sections 2 through 7 (except Section 3) of this Agreement, Claims for reinstatement or employment; any and all other Claims potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. By signing this Agreement, Employee is bound by it. Anyone who succeeds to Employee’s rights and responsibilities, such as heirs or the executor of Employee’s estate, is also bound by this Agreement. This release also applies to any claims brought by any person or agency or class action under which Employee may have a right or benefit. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any federal, non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local law agency or cause participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief or recovery as a result of actionsuch EEOC or comparable state or local agency proceeding or subsequent legal actions. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. Employee agrees not to bring or join any lawsuit against any of the Company Parties in any court relating to any of the Released Claims. Employee represents that he Employee has not brought or joined any lawsuit or filed any such Claimscharge or claim against any of the Company Parties in any court or before any government agency and has made no assignment of any rights Employee has asserted or may have against any of the Company Parties to any person or entity, and he further agrees not to assert or file any such Claims in the future or to seek or accept any monetary relief each case, with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by lawReleased Claims.

Appears in 1 contract

Samples: Separation Agreement (Linn Energy, LLC)

Employee’s Release. In consideration for the benefits described in Section 2 (but not Section 1) herein, Employee releases and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon termination of employment, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliates, and its and their officers, directors, trustees, owners, shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns, from waives as against IDT any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action claims of any and every kind, nature whatsoeverand character, whether known or unknown, relating in any way to any act, omission, event, relationship, conduct, policy suspected or practice prior to the Effective Dateunsuspected, including without limitation his any and all claims for damages, attorneys’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee’s employment relationship with IDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and IDT that have occurred during Employee’s term of employment with WRIT and IDT, whether based on tort, contract (express or implied) or any federal, state, or local law, statute, or regulation (the termination thereof (Released Claims”). This release includes without By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for discriminationemployment discrimination or harassment on the basis of race, harassmentcolor, retaliation national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation under of the Age Discrimination in Employment WARN Act, Title VII constructive discharge of employment, wrongful termination, breach of the Civil Rights Act covenant of 1964good faith and fair dealing, the Americans with Disabilities Actfraud, the Maryland Human Rights Actmisrepresentation, the Xxxxxxxxxx County Human Rights Actdefamation, and any other Claims under all other federal, state intentional or local laws; Claims for breach negligent infliction of contract; Claims for wrongful discharge; Claims for emotional distress, defamationfailure to pay wages, fraudcommissions, misrepresentation benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee’s right to challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation IDT or any insurer or other personal injury; Claims for unpaid compensation; Claims relating person or entity may have to indemnify Employee pursuant to the articles and bylaws of IDT, any written agreement with IDT, any applicable document or insurance policy or applicable law, (3) Employee’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits; Claims for attorneys' fees ) pursuant to the terms of the Plan(s), and costs(4) Employee’s right in and to Employee’s equity in IDT, Claims for reinstatement including without limitation, Employee’s right to exercise, hold and/or sell Employee’s IDT stock options, restricted stock or employment; stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may file a charge and all other Claims under participate in any federal, proceeding conducted by a state or local law federal agency, by signing this Agreement, Employee waives Employee’s right to bring a lawsuit against Releasees and waives Employee’s right to any individual monetary recovery in any action or cause of action. Employee represents that he has not filed any lawsuit initiated by a federal or state agency, such Claims, and he further agrees not to assert or file any such Claims in as the future or to seek or accept any monetary relief with respect to Claims filed by him or on his behalf with the EEOC or any other fair employment agency to the fullest extent permitted by law. It is understood and agreed that this Release does not apply to claims for breach of this Agreement or Claims that cannot be released by lawEqual Employment Opportunity Commission.

Appears in 1 contract

Samples: Separation Agreement and Release (Integrated Device Technology Inc)

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