Common use of Executive Waiver and Release Clause in Contracts

Executive Waiver and Release. In exchange for the consideration set forth in this Agreement, Executive, and Executive's representatives, successors and assigns, waive, release and forever discharge Parent, U.S. Subsidiary and Xxxxxxxx Creek from any and all claims, demands, damages, losses, obligations, rights and causes of action, whether known or unknown, including but not limited to, all claims, causes of action or administrative complaints that Executive now has or has ever had against Parent, U.S. Subsidiary or Xxxxxxxx Creek relating in any way to Parent's role, if any, as the Executive's alleged employer (or alleged joint employer with the U.S. Subsidiary) from the date of Executive's hiring through and including the date of the execution of this Agreement. Without limiting the generality of the foregoing terms, the scope of Executive's waiver and release under the Agreement specifically includes but is not limited to, as it relates to Parent's role, if any, as the Executive's alleged employer (or alleged joint employer with the U.S. Subsidiary) from the date of Executive's hiring through and including the date of the execution of this Agreement: any and all claims for breach of contract and any other claim under the common law, including but not limited to claims for tort, breach of implied contract, wrongful discharge, breach of a covenant of good faith and fair dealing, intentional infliction of emotional distress, or defamation; any and all claims under any state or local statutory or common law, including but not limited to claims under the Colorado Anti-Discrimination Act; any and all claims under any federal statutory or common law, including but not limited to claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Rehabilitation Act, Executive Order 11246, the Worker Adjustment and Retraining Notification Act, and employment-related claims under the Employee Retirement Income Security Act, all as amended, and any and all regulations under such laws; any and all claims under any Canadian law, including but not limited to all federal, provincial and local laws; and any and all claim for damages (including but not limited to claims for compensatory or punitive damages), injunctive relief, attorney's fees and costs, and equitable relief. Executive agrees not to bring any lawsuits against Parent, U.S. Employer, and/or Xxxxxxxx Creek relating to the claims that Executive has released and not to accept any damages pursued by any other entity or person on Executive's behalf, including but not limited to any claim by Executive that Executive was jointly employed by Parent and U.S. Subsidiary.