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 (Washington Real Estate Investment Trust)

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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 DIEGO 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 suspected or unsuspected, including 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 DIEGO, the termination of that employment relationship and/or any other employment-related dealings between Employee and DIEGO that have occurred during Employee's term of employment with DIEGO, whether based on tort, contract (express or implied) or any federal, state, or local law, statute, or regulation (the "Released Claims"). 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 employment discrimination or harassment on the basis of race, color, 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 of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, 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, or (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee's right to challenge3 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 DIEGO or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGO, any written agreement with DIEGO, any applicable document or insurance policy' or applicable law, (3) Employee's rights in and to any act, omission, event, relationship, conduct, policy or practice prior retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the Effective Dateterms of the Plan(s), and (4) Employee's right in and to Employee's equity in DIEGO, including without limitation his employment limitation, Employee's right to exercise, hold and/or sell Employee's DIEGO stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with WRIT or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may f ile a charge and the termination thereof (“Claims”). This release includes without limitation Claims for discrimination, harassment, retaliation or participate in 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, proceeding conducted by a state or local laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distressfederal agency, defamationby signing this Agreement, fraudEmployee waives Employee's right to bring a lawsuit against Releasees and waives Employee's right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, 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 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 (Diego Pellicer Worldwide, Inc)

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 (Integrated Device Technology Inc)

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Employee’s Release. In consideration for 2.1. Employee hereby fully and forever releases and discharges the benefits described in Section 2 (but not Section 1) hereinCompany, its parents and for other good subsidiaries and valuable considerationeach of their respective predecessors, which are of greater value than Employee would normally be entitled upon termination of employmentsuccessors, Employee, on behalf of himself, his heirs, executors, administrators, attorneys, agents, representatives and assigns, hereby forever releases WRIT and its Affiliatesstockholders, and its and their affiliates, officers, directors, trustees, owners, shareholdersemployee benefit plans and their administrators and fiduciaries, employees, insurersagents and attorneys, benefit plans, agents, attorneys past and representatives, present (the Company and each of their predecessors, successors and assigns, such person or entity is referred to as a “Released Person”) from any and all claims, demands, suitsliens, agreements, contracts, covenants, actions, damagessuits, lossescauses of action, obligations, controversies, debts, costs, expenses, charges damages, judgments, orders, and liabilities, of whatever kind or causes of action of any nature whatsoevernature, direct or indirect, in law, equity, or otherwise, whether known or unknown, relating arising through the date of this Release out of, or in any way to any actrelated to, omission, event, relationship, conduct, policy Employee’s employment by the Company 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 thereof, including, but not limited to, any claims for discrimination, harassment, retaliation relief or any other violation causes of action under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 196429 U.S.C. § 621 et seq., the Americans with Disabilities Actor any other federal, the Maryland Human Rights Actstate, the Xxxxxxxxxx County Human Rights Actor local statute, ordinance, or regulation regarding discrimination in employment, and any other Claims claims, demands, or actions based upon alleged wrongful or retaliatory discharge or breach of contract under all other federal, any 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 actionfederal law. 2.2. Employee expressly represents that he has not filed a lawsuit or initiated any such Claims, other administrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. Employee further agrees promises not to assert or file any such Claims in the future initiate a lawsuit or to seek bring any other claim against any Released Person arising out of or accept in any monetary relief with respect way related to Claims filed Employee’s employment by him the Company or on his behalf the termination of that employment. This Release will not prevent Employee from filing a charge with the EEOC Equal Employment Opportunity Commission (or similar state agency) or participating in any other fair employment agency investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. 2.3. The foregoing will not be deemed to release the Company from (a) claims solely to enforce the terms of this Release (including claims under Section 1.2), (b) claims for benefits (not including severance benefits) under the Company’s employee welfare benefit plans and employee pension benefit plans, subject to the fullest extent permitted by law. It is understood terms and agreed that this Release does not apply to conditions of those plans, or (c) claims for breach defense and indemnification under the Company’s By-Laws or policies of this Agreement or Claims that cannot be released by lawinsurance.

Appears in 1 contract

Samples: Separation and Release Agreement (Destination Maternity Corp)

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