Employee’s Release. In consideration for the Additional Contractual Payments stated above by the Company and for other good and valuable consideration, Employee irrevocably and unconditionally releases the Company from any and all known and unknown claims, complaints, causes of action, or demands ("Actions") of whatever kind or nature arising out of any action, conduct, decision, behavior, or event occurring prior to the effective dates of this General Release, including, but not limited to, actions under 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 Worker's Adjustment and Retraining Notification Act; any other federal, state or local state or local statue or regulation regarding employment or discrimination in employment or Separation of employment; and any Actions under any theory of libel, slander, breach of contract, wrongful discharge, detrimental reliance, intentional or negligent infliction of emotional distress, tort, or any other theory under the common law, and any Actions for uncompensated expenses, incentive pay, separation pay, vacation pay, or any other 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 Company's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. 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 conditions of this Amended 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
Employee’s Release. In consideration Employee, for and on behalf of Employee and Employee’s executors, administrators, successors and assigns, voluntarily, knowingly and willingly releases and forever discharges the Additional Contractual Payments stated above by the Company Company, together with its past and for other good present subsidiaries and valuable considerationaffiliates, Employee irrevocably together with each of its owners, investors, members, officers, directors, partners, employees, agents, representatives and unconditionally releases the Company attorneys, and each of its affiliates, estates, predecessors, successors and assigns (collectively, “Releasees”) from any and all known and unknown rights, claims, complaintscharges, actions, causes of action, complaints, sums of money, suits, debts, covenants, contracts, agreements, promises, obligations, damages, demands or demands liabilities of every kind whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected ("Actions"collectively, “Claims”) of whatever kind which Employee or nature arising out Employee’s heirs, executors, administrators, successors or assigns ever had, now has or may hereafter claim to have by reason of any actionmatter, conduct, decision, behavior, cause or event occurring prior to thing whatsoever: (a) arising from the effective dates beginning of time through the date upon which Employee signs this General ReleaseAgreement, including, but not limited to, actions (i) any such Claims relating in any way to Employee’s employment relationship with the Company or any 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 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 19931990, the Worker's Adjustment Employee Retirement Income Security Act of 1974, all as amended and Retraining Notification Act; including all of their respective implementing regulations and/or any other federal, state state, local or local state foreign law (statutory, regulatory or local statue otherwise) that may be legally waived and released; (b) relating to wrongful employment termination; or regulation regarding employment (c) arising under or discrimination in employment relating to any policy, agreement, understanding or Separation promise, written or oral, formal or informal, between the Company or any of the other Releasees and Employee, including, but not limited to, any employment; and provided, however, that notwithstanding the foregoing, nothing contained in this Section 3 shall in any Actions under any theory of libel, slander, breach of contract, wrongful discharge, detrimental reliance, intentional way diminish or negligent infliction of emotional distress, tort, or any other theory under the common law, and any Actions for uncompensated expenses, incentive pay, separation pay, vacation pay, or any other form of compensation, PROVIDED THAT Employee is not releasing impair: (ax) 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, whether monetary 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 non-monetary, provided relating to him in this Amended Agreement or (b) any vested rights Employee may /s/ ER Employee ------------ /s/ CO Company ------------ currently have under Employee’s employment with the Company's: (i) Deferred Compensation Plan , and no further sums, payments or (ii) Savings (401k) Plan. The benefits are owed to Employee covenants not to sue by the Company or bring any Actions on any claims through March 11of the Releasees arising out of or relating to Employee’s employment with the Company, 2005, PROVIDED FURTHER THAT Employee may enforce the terms and conditions of except as expressly provided in this Amended 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
Employee’s Release. In consideration for the Additional Contractual Payments stated Special Severance Benefits set forth above by the Company in Paragraph 2, and for other good consideration set forth in this Agreement, you agree, on behalf of yourself, heirs, descendants, executors, administrators, assigns and valuable considerationsuccessors, Employee irrevocably to waive, release, covenant not to ▇▇▇, and unconditionally releases the Company forever discharge Employer, its parents, subsidiaries, affiliates, owners, trustees, officers, directors, attorneys, agents, employees, shareholders, and each of them individually or collectively (“Released Parties”), from any and all known and unknown claims, complaintsknown or unknown, causes of actionliquidated or unliquidated, that you may have relating to or demands ("Actions") of whatever kind or nature arising out of any action, conduct, decision, behavior, or event occurring prior to your employment with Employer and termination thereof as of the effective dates date of this General Agreement (the “Release, including”). This Release includes, but is not limited to, actions any claims of wrongful discharge, breach of express or implied contract, claims for wages, commissions or expenses, fraud, misrepresentation, defamation, slander and libel, liability in tort, claims of any kind that may be brought in any court or administrative agency, any claims under Title VII of the Civil Rights Act Acts of 1964; the Older Workers Benefit Protection Act 1964 and 1991, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967; Act, the Family Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1993; 1974, the Rehabilitation Consolidated Omnibus Budget Reconciliation Act of 1973; Section 1985, Sections 1981 and 1983 of Title 42 of the Civil Rights of 1866; the Civil Rights Act of 1991; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993United States Code, the Worker's 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 federal, state or local state law relating to your employment, employee benefits or local statue the termination of your employment. Except to the extent such agreement is prohibited by applicable law or regulation regarding employment regulation, Executive agrees that if he attempts to avoid or discrimination 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 reimbursing the Released Party for its reasonable costs and attorneys’ fees in employment defending against such claims or Separation 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 employment; any one claim described herein is found invalid, Executive acknowledges and any Actions under any theory agrees that such invalidity has no affect on the validity of libel, slander, breach of contract, wrongful discharge, detrimental reliance, intentional or negligent infliction of emotional distress, tort, or any other theory under the common law, and any Actions for uncompensated expenses, incentive pay, separation pay, vacation pay, or any other form release 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 Company's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. 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 conditions of this Amended 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 HEREINclaim.
Appears in 1 contract
Employee’s Release. In consideration of the promises and agreements set forth herein, other than the obligations and covenants set forth in this Agreement, the Agreement for Management Succession, Resignation and Severance of CEO, and Other Miscellaneous Matters, the Additional Contractual Payments stated above by Stock Purchase Agreement, Right of First Refusal Agreement, Amendment No. 3, and Stock Restriction Agreement entered into commensurate herewith, Employee does hereby for himself and for his heirs, executors, 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, agents, employees, successors, assigns, and attorneys, both known and unknown, in both their personal and agency capacities (collectively, "the Company Entities") of and for other good and valuable consideration, Employee irrevocably and unconditionally releases the Company from any and all known and unknown claims, complaintsdemands, damages, actions or causes of action, suits, claims, charges, complaints, contracts, whether oral or demands ("Actions") written, express or implied and promises, at law or in equity, of whatever whatsoever kind or nature arising out of any actionnature, conduct, decision, behavior, or event occurring prior to the effective dates of this General Release, including, including but not limited toto any alleged violation of any state or federal anti-discrimination statutes or regulations, actions under including but not limited to Title VII of the The Civil Rights Act of 19641964 as amended, ERISA, the Americans With Disabilities Act, the Age Discrimination in Employment Act, Michigan's ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Civil Rights Act, as amended; Michigan's Persons with Disabilities Civil Rights Act, as amended; the Michigan Whistleblowers' Protection Act; the Michigan Worker's Compensation Act; Michigan common law or doctrines, in law or in equity; 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 Worker's Adjustment and Retraining Notification Act; any other federal, state or local state or local statue or regulation regarding employment or discrimination in employment or Separation of employment; and any Actions under any theory of libel, slander, breach of contractany express or implied contract or promise, wrongful discharge, detrimental relianceviolation of public policy, intentional or negligent infliction of emotional distress, tort, or any other theory under the common lawall demands for attorney's fees, and any Actions for uncompensated expenses, incentive back pay, separation 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, humiliation, that Employee might now have or any other form of compensation, PROVIDED THAT Employee is not releasing (a) any rights or benefitsmay subsequently have, whether monetary known or non-monetaryunknown, provided to him suspected or unsuspected, by reason of any matter or thing, arising out of or in this Amended Agreement any way connected with, directly or (b) indirectly, any vested rights Employee may /s/ ER Employee ------------ /s/ CO Company ------------ currently have under the Company's: (i) Deferred Compensation Plan acts or (ii) Savings (401k) Plan. The Employee covenants not to sue omissions of the Company or bring any Actions on any claims through March 11of its directors, 2005officers, PROVIDED FURTHER THAT Employee may enforce shareholders, employees and/or agents arising out of Employee's employment and termination from employment which have occurred prior to and including the terms and conditions Effective Date of this Amended 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 HEREINthose matters specifically set forth herein and EXCEPT for any pension or retirement benefits which may have vested on Employee's behalf, if any.
Appears in 1 contract
Employee’s Release. In consideration for Employee hereby releases, discharges and forever acquits the Additional Contractual Payments stated above by Company, Linn Energy, LLC and their respective affiliates and subsidiaries and the past, present and future stockholders, members, partners, directors, managers, employees, agents, attorneys, heirs, legal representatives, successors and assigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and for other good and valuable considerationhereby waives, Employee irrevocably and unconditionally releases the Company from any and all known and unknown claims, complaintsdamages, or causes of action, or demands ("Actions") of whatever kind or nature arising out action of any actionkind related to Employee’s employment with any Company Party, conductthe termination of such employment, decision, behavior, and any other acts or event occurring omissions related to any matter on or prior to the effective dates date of this General ReleaseAgreement including without limitation any alleged violation through the date of this Agreement of: (a) the Age Discrimination in Employment Act of 1967, including, but not limited to, actions under as amended; (b) 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; (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 Occupational Safety and Health Act, as amended; (i) the Family and Medical Leave Act of 1993, the Worker's Adjustment ; (j) any state anti-discrimination law; (k) any state wage and Retraining Notification Acthour law; (l) any other federallocal, state or local state federal law, regulation or local statue or regulation regarding employment or discrimination in employment or Separation of employmentordinance; and (m) any Actions under any theory of libelpublic policy, slander, breach of contract, wrongful discharge, detrimental reliance, intentional or negligent infliction of emotional distress, tort, or common law claim; (n) any allegation for costs, fees, or other theory 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 common law, Separation Agreement and any Actions stock option or other equity compensation agreement between Employee and a Company Party; and (p) any claim for uncompensated expenses, incentive pay, separation pay, vacation pay, compensation or benefits of any kind not expressly set forth in this Agreement or any such stock option or other form of compensationequity compensation agreement (collectively, PROVIDED THAT Employee is not releasing the “Released Claims”). In no event shall the Released Claims include (a) any rights or benefitsclaim which arises after the date of this Agreement, whether monetary or non-monetary, provided to him in this Amended Agreement or (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 the consideration set forth in Sections 2 through 7 (except Section 3) of this Agreement, any and all 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 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 agency or 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 such 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 Employee has not brought or joined any lawsuit or filed any charge 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 /s/ ER Employee ------------ /s/ CO Company ------------ currently have under the Company's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. The Employee covenants not to sue against any of the Company Parties to any person or bring entity, in each case, with respect to any Actions on any claims through March 11, 2005, PROVIDED FURTHER THAT Employee may enforce the terms and conditions of this Amended 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 HEREINReleased Claims.
Appears in 1 contract
Employee’s Release. In consideration for Employee hereby releases, discharges and forever acquits the Additional Contractual Payments stated above by Company, Linn Energy, LLC and their respective affiliates and subsidiaries and the past, present and future stockholders, members, partners, directors, managers, employees, agents, attorneys, heirs, legal representatives, successors and assigns of the foregoing, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and for other good and valuable considerationhereby waives, Employee irrevocably and unconditionally releases the Company from any and all known and unknown claims, complaintsdamages, or causes of action, or demands ("Actions") of whatever kind or nature arising out action of any actionkind related to Employee’s employment with any Company Party, conductthe termination of such employment, decision, behavior, and any other acts or event occurring omissions related to any matter on or prior to the effective dates date of this General ReleaseAgreement including without limitation any alleged violation through the date of this Agreement of: (a) the Age Discrimination in Employment Act of 1967, including, but not limited to, actions under as amended; (b) 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; (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 Occupational Safety and Health Act, as amended; (i) the Family and Medical Leave Act of 1993, the Worker's Adjustment ; (j) any state anti-discrimination law; (k) any state wage and Retraining Notification Acthour law; (l) any other federallocal, state or local state federal law, regulation or local statue or regulation regarding employment or discrimination in employment or Separation of employmentordinance; and (m) any Actions under any theory of libelpublic policy, slander, breach of contract, wrongful discharge, detrimental reliance, intentional or negligent infliction of emotional distress, tort, or common law claim; (n) any allegation for costs, fees, or other theory 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 common law, Separation Agreement and any Actions stock option or other equity compensation agreement between Employee and a Company Party; and (p) any claim for uncompensated expenses, incentive pay, separation pay, vacation pay, compensation or benefits of any kind not expressly set forth in this Agreement or any such stock option or other form of compensationequity compensation agreement (collectively, PROVIDED THAT Employee is not releasing the “Released Claims”). In no event shall the Released Claims include (a) any rights or benefitsclaim which arises after the date of this Agreement, whether monetary or non-monetary, provided to him in this Amended Agreement or (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 the consideration set forth in Sections 2 through 7 (except Section 3) of this Agreement, any and all 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 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 agency or 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 such 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 Employee has not brought or joined any lawsuit or filed any charge 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 /s/ ER Employee ------------ /s/ CO Company ------------ currently have under the Company's: (i) Deferred Compensation Plan or (ii) Savings (401k) Plan. The Employee covenants not to sue against any of the Company Parties to any person or bring entity, in each case, with respect to any Actions on any claims through March 11, 2005, PROVIDED FURTHER THAT Employee may enforce the terms and conditions of this Amended 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 HEREINReleased Claims.
Appears in 1 contract