Employee’s Release. Subject to Section 5, Employee, for himself and any one acting by, under or through Employee, hereby generally forever and irrevocably releases and discharges the Company and its predecessors, successors (by merger or otherwise), parents, subsidiaries, affiliates and assigns, together with each and every present, past and future officers, directors, members, stockholders, general partners, limited partners, employees and agents of each of the foregoing and the heirs and executors of same (collectively, the “Releasees”) from any and all suits, causes of action, complaints, obligations, demands and common law or statutory claims of any kind, whether in law or in equity, direct or indirect, known or unknown, which Employee ever had or now has against the Releasees, or any one or more of them arising out of or relating to any matter, thing or event occurring up to and including the date of this Agreement (collectively, “Claims”). This release specifically includes, but is not limited to: (a) any and all Claims for wages and benefits including, without limitation, salary, commissions, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses (except to the extent set forth in Section 2); (b) any and all Claims for wrongful discharge, breach of contract, whether express or implied, and for breach of implied covenant of good faith and fair dealing; (c) any and all Claims for alleged employment discrimination, harassment or retaliation on the basis of race, color, religion, sex, national origin, genetic information, veteran status, disability and/or handicap, and ancestry in violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to Claims for discrimination under the following statutes: Title VII 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 Genetic Information Non-Discrimination Act, 42 U.S.C. § 2000ff, et seq., the Pennsylvania Human Relations Act; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, 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. or any comparable or similar state statute or local ordinance; (d) any and all Claims under the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“OWBPA”) (the Age Discrimination in Employment Act of 1967 and the OWBPA shall be referred to collectively as the “ADEA”); (e) any and all Claims under any federal or state statute relating to employee benefits or pensions; (f) any and all Claims in tort, including but not limited to, any claims for wrongful termination, 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; (g) any and all other Claims under federal, state or local laws; and (h) any and all Claims for damages of any kind; (i) any and all Claims for attorneys’ fees and costs.
Appears in 1 contract
Employee’s Release. Subject to Section 5, Employee, for himself and any one acting by, under or through Employee, hereby generally forever and irrevocably releases and discharges the Company and its predecessors, successors (by merger or otherwise), parents, subsidiaries, affiliates and assigns, together with each and every present, past and future officers, directors, members, stockholders, general partners, limited partners, employees and agents of each of the foregoing and the heirs and executors of same (collectively, the “Releasees”) from any and all suits, causes of action, complaints, obligations, demands and common law or statutory claims of any kind, whether in law or in equity, direct or indirect, known or unknown, which Employee ever had or now has against the Releasees, or any one or more of them arising out of or relating to any matter, thing or event occurring up to and including the date of this Agreement (collectively, “Claims”). This release specifically includes, but is not limited to:
(a) any and all Claims for wages and benefits including, without limitation, salary, commissions, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses (except to the extent set forth in Section 22 and to the extent such Claims cannot be waived by law);
(b) any and all Claims for wrongful discharge, breach of contract, whether express or implied, and for breach of implied covenant of good faith and fair dealing;
(c) any and all Claims for alleged employment discrimination, harassment or retaliation on the basis of race, color, religion, sex, national origin, genetic information, veteran status, disability and/or handicap, and ancestry in violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to Claims for discrimination under the following statutes: Title VII 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 Genetic Information Non-Discrimination Act, 42 U.S.C. § 2000ff, et seq., the Pennsylvania Human Relations Act; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, 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. or any comparable or similar state statute or local ordinance;
(d) any and all Claims under the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“OWBPA”) (the Age Discrimination in Employment Act of 1967 and the OWBPA shall be referred to collectively as the “ADEA”);
(e) any and all Claims under any federal or state statute relating to employee benefits or pensions;
(f) any and all Claims in tort, including but not limited to, any claims for wrongful termination, 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;
(g) any and all other Claims under federal, state or local laws; and
(h) any and all Claims for damages of any kind;
(i) any and all Claims for attorneys’ fees and costs.
Appears in 1 contract
Samples: Transition Agreement (Servicesource International, Inc.)
Employee’s Release. Subject to Section 5a. The Employee on his own behalf and together with his heirs, Employeeassigns, for himself executors, agents and any one acting by, under or through Employee, representatives hereby generally forever and irrevocably 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, shareholders, members, stockholders, general partners, limited partners, employees and agents of each of the foregoing and the heirs and executors of same (collectively, herein collectively referred to as the “Company Releasees”) from any and all suits, causes of action, complaints, obligations, demands and demands, common law or statutory claims of any kind, whether in law or in equity, direct or indirect, known or unknownunknown (hereinafter “Claims”), which the Employee ever had or now has against the Company Releasees, or any one or more of them arising out of or relating to any matter, thing or event occurring up to and including the date of the this Agreement (collectively, “Claims”)Agreement. This release specifically includes, but is not limited to:
(a) i. any and all Claims for wages and benefits including, without limitation, salary, commissions, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses (except to the extent set forth in Section 2)bonuses;
(b) ii. 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) iii. any and all Claims for alleged employment discrimination, harassment or retaliation discrimination on the basis of race, color, religion, sex, age, national origin, genetic information, veteran status, disability and/or handicap, and ancestry in violation of any federal, state or local statute, ordinance, judicial precedent or executive Employee order, including but not limited to Claims claims for discrimination under the following statutes: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, §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, §701 et seq.; the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, §00000 et seq.; the Genetic Information Non-Discrimination Act, 42 U.S.C. § 2000ff, et seq., the Pennsylvania Human Relations Act; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601X.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 or similar state statute or local ordinance;
(d) any and all Claims under the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“OWBPA”) (the Age Discrimination in Employment Act of 1967 and the OWBPA shall be referred to collectively as the “ADEA”);
(e) iv. any and all Claims under any federal or state statute relating to employee benefits or pensions;
(f) v. any and all Claims in tort, including but not limited to, any claims Claims for wrongful termination, 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;
(g) any and all other Claims under federal, state or local laws; and
(h) any and all Claims for damages of any kind;
(i) vi. any and all Claims for attorneys’ fees and costs.
Appears in 1 contract
Samples: Management Transition Agreement (Tetralogic Pharmaceuticals Corp)
Employee’s Release. Subject to Section 5In exchange for the payment referenced in paragraph 1, Employee, for himself and any one acting by, under or through Employee, Employee hereby generally forever and irrevocably releases and discharges the Company Daou, with each and its every of Daou's predecessors, successors (by merger or otherwise), parents, subsidiaries, affiliates affiliates, divisions and assigns, together with each and every present, past and future officersrelated entities, directors, members, stockholders, general partners, limited partnersofficers, employees and agents of each of agents, whether present or former (collectively the foregoing and the heirs and executors of same (collectively"Releasees"), the “Releasees”) from any and all suits, causes of action, complaints, obligations, demands and common law demands, or statutory claims of any kind, whether in law or in equity, direct or indirect, known or unknown, suspected or unsuspected (hereinafter "claims"), which the Employee ever had or now has against the Releasees, or any one or more of them arising out of or relating to any matter, thing or event occurring up to and including the date of this Agreement (collectively, “Claims”)Release. This Employee's release specifically includes, but is not limited to:
(a) any and all Claims claims for wages and benefits including, without limitation, salary, stock, options,commissions, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses (except to bonuses, excluding the extent set forth compensation described in Section 2)paragraph 2 of the Separation Agreement and General Release;
(b) any and all Claims claims for wrongful discharge, breach of contract, contract (whether express or implied), and or for breach of the implied covenant of good faith and fair dealing;
(c) any and all Claims claims for alleged employment discrimination, harassment or retaliation discrimination on the basis of age, race, color, religion, ,sex, national origin, genetic information, veteran status, disability and/or handicap, handicap and ancestry any and all other claims in violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to Claims for discrimination claims under the following statutes: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, (S)2000e et seq.; , the Civil Rights Act of 1866, 42 U.S.C. § 1981; (S)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 Age Discrimination in Xxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.; the Genetic Information Non-Discrimination Act, 42 (X)00 U.S.C. § 2000ff, 621 et seq., the Pennsylvania Human Relations Older Workers Benefit Protection Act; , 29 U.S.C. (S)626(f), the Americans with Disabilities Act, 42 U.S.C. (S)12101 et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, 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. or any comparable statute of any other state, country, or similar state statute or local ordinancelocality except as required by law, but excluding claims for vested benefits under Daou's retirement plans;
(d) any and all Claims claims under the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“OWBPA”) (the Age Discrimination in Employment Act of 1967 and the OWBPA shall be referred to collectively as the “ADEA”)any federal, state or local statute or law;
(e) any and all Claims under any federal or state statute relating to employee benefits or pensions;
claims in tort (f) any and all Claims in tort, including but not limited to, to any claims for wrongful termination, 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);
(f) any and all claims for attorneys' fees and costs; and
(g) any and all other Claims under federal, state or local laws; and
(h) any and all Claims claims for damages of any kind;
(i) any and all Claims for attorneys’ fees and costs. Nothing in this Release is intended to affect Employee's rights to indemnification under the Pennsylvania Business Corporation Law of 1998, Sections 1741-1743, or under Daou's Articles of Incorporation or Bylaws.
Appears in 1 contract
Employee’s Release. Subject to Section 5In consideration for the benefits described herein, and for other good and valuable consideration, which are of greater value than Employee would normally be entitled upon resignation, Employee, for himself and any one acting byon behalf of himself, under or through Employeehis heirs, hereby generally forever and irrevocably releases and discharges the Company and its predecessorsexecutors, successors (by merger or otherwise)administrators, parentsattorneys, subsidiariesagents, affiliates representatives and assigns, together with each hereby forever releases WRIT and every presentits Affiliates, past and future its and their officers, directors, memberstrustees, stockholdersowners, general partnersshareholders, limited partnersemployees, employees insurers, benefit plans, agents, attorneys and agents of representatives, and each of the foregoing their predecessors, successors and the heirs and executors of same (collectivelyassigns, the “Releasees”) from any and all claims, demands, suits, actions, damages, losses, expenses, charges or causes of action, complaints, obligations, demands and common law or statutory claims action of any kindnature whatsoever, whether in law or in equity, direct or indirect, known or unknown, which Employee ever had or now has against the Releasees, or relating in any one or more of them arising out of or relating way to any matteract, thing omission, event, relationship, conduct, policy or event occurring up practice prior to the Effective Date, including without limitation his employment with WRIT and including the date of this Agreement separation thereof (collectively, “"Claims”"). This release specifically includes, but is not limited to:
(a) any and all includes without limitation Claims for wages and benefits including, without limitation, salary, commissions, stock options, stock, royalties, license fees, health and welfare benefits, severance pay, vacation pay, and bonuses (except to the extent set forth in Section 2);
(b) any and all Claims for wrongful discharge, breach of contract, whether express or implied, and for breach of implied covenant of good faith and fair dealing;
(c) any and all Claims for alleged employment discrimination, harassment harassment, retaliation or retaliation on the basis of race, color, religion, sex, national origin, genetic information, veteran status, disability and/or handicap, and ancestry in any other violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to Claims for discrimination under the following statutes: Age Discrimination in Employment Act, Title VII 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 Genetic Information Non-Discrimination Disabilities Act, 42 U.S.C. § 2000ff, et seq.the Maryland Human Rights Act, the Pennsylvania Xxxxxxxxxx County Human Relations Act; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq.; the Fair Labor Standards Rights 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. or any comparable or similar state statute or local ordinance;
(d) any and all Claims under the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“OWBPA”) (the Age Discrimination in Employment Act of 1967 and the OWBPA shall be referred to collectively as the “ADEA”);
(e) any and all Claims under any federal or state statute relating to employee benefits or pensions;
(f) any and all Claims in tort, including but not limited to, any claims for wrongful termination, 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;
(g) any and all other Claims under all other federal, state or local laws; and
(h) any and all Claims for damages breach of contract; Claims for wrongful discharge; Claims for emotional distress, defamation, fraud, misrepresentation or any kind;
(i) any and all 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 (Washington Real Estate Investment Trust)