Common use of Executives General Release and Waiver of Claims Clause in Contracts

Executives General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Executive on behalf of himself and his heirs, executors, representatives, agents, insurers, administrators, successors, and assigns (collectively, the “Releasors”) irrevocably and unconditionally fully and forever waive, release, and discharge the Company Group, including each member of the Company Group’s parents, subsidiaries, affiliates, predecessors, successors, and assigns, and all of their respective officers, directors, employees, shareholders, trustees and partners, in their corporate and individual capacities (collectively, the “Releasees”), from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectively, “Claims”), whether known or unknown, from the beginning of time through the Effective Date, including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have, have ever had, or may in the future have arising out of, or in any way related to the Executive’s hire, benefits, employment, termination, or separation from employment with the Company Group and any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter, including, but not limited to: (i) any and all claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act (with respect to existing but not prospective claims), the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act, (with respect to unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Worker Adjustment and Retraining Notification Act, the National Labor Relations Act, the Age Discrimination in Employment Act, the Uniform Services Employment and Reemployment Rights Act, the Genetic Information Nondiscrimination Act, the New Jersey Law Against Discrimination, the New Jersey Family Medical Leave Act, the New Jersey Conscientious Employee Protection Act, the New Jersey Wage Payment Law, the New Jersey Wage and Hour Law, retaliation claims under the New Jersey Workers’ Compensation Act, the New Jersey Equal Pay Act, the New Jersey Civil Union Act, the New Jersey Smoking Law, all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; (ii) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released, including, but not limited to, any amounts owed to the Executive under the Employment Agreement; (iii) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv) any and all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs, and disbursements. By referencing the laws above, the Company does not admit to coverage of the Company Group or the Releasees under any of these laws. The Executive represents that the Executive has not assigned or transferred, or purported to assign or transfer, any of the claims released in this Section 5 or any portion thereof or interest therein to any third party prior to the Effective Date.

Executives General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Executive on behalf of himself and his the Executive's heirs, executors, representatives, agents, insurers, administrators, successorsagents, and assigns (collectively, the “Releasors”) irrevocably and unconditionally fully and forever waive, release, and discharge the Company GroupCompany, including each member of the Company Group’s parents, subsidiaries, affiliates, predecessors, successors, and assigns, and all of their respective officers, directors, employees, shareholders, trustees and partners, in their corporate and individual capacities (collectively, the “ReleaseesReleased Parties”), from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ ' fees) of any kind whatsoever whatsoever, whether known or unknown (collectively, “Claims”), whether known or unknown, from the beginning of time through the Effective Date, including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have, have or have ever hadhad against the Released Parties, or may in the future have any of them, arising out of, or in any way related to the Executive’s 's hire, benefits, employment, termination, or separation from employment with the Company Group and by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other mattermatter from the beginning of time up to and including the date of the Executive's execution of this Agreement, including, but not limited to: (ia) any and all claims under Title VII of the Civil Rights Act of 19641964 (Title VII), the Americans with Disabilities ActAct (ADA), the Family and Medical Leave Act (with respect to FMLA) (regarding existing but not prospective claims), the Fair Labor Standards ActAct (FLSA), the Equal Pay Act, the Employee Executive Retirement Income Security Act, Act (with respect to ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations ActAct (NLRA), the Age Discrimination in Employment ActAct (ADEA), the Uniform Services Employment and Reemployment Rights ActAct (USERRA), the Genetic Information Nondiscrimination ActAct (XXXX), the Immigration Reform and Control Act (IRCA), the New Jersey York State Human Rights Law Against Discrimination(NYSHRL), the New Jersey Family Medical Leave Act, York Labor Law (NYLL) (including but not limited to the New Jersey Conscientious Employee Protection Act, the New Jersey Wage Payment Retaliatory Action by Company s Law, the New Jersey Wage York State Worker Adjustment and Hour LawRetraining Notification Act, retaliation claims under the New Jersey Workers’ Compensation Actall provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), the New Jersey Equal Pay ActYork Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law, the New Jersey Civil Union ActYork City Human Rights Law (NYCHRL), and the New Jersey Smoking LawYork City Earned Sick Leave Law (NYCESLL), all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (iib) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released, including, but not limited to, any amounts owed to the Executive under the Employment Agreement; (iiic) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an expressed express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (ivd) any and all claims for monetary or equitable relief, including but not limited to attorneys’ ' fees, back pay, front pay, reinstatement, experts’ ' fees, medical fees or expenses, costscosts and disbursements, punitive damages, liquidated damages, and disbursements. By referencing the laws above, the Company does not admit to coverage of the Company Group or the Releasees under any of these laws. The Executive represents that penalties; and (e) indemnification rights the Executive has against the Company Group. However, this general release and waiver of claims excludes, and the Executive does not assigned or transferredwaive, release, or purported discharge: (A) any right to assign file an administrative charge or transfercomplaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, or other similar federal, state, or local administrative agencies, although the Executive waives any right to monetary relief related to any filed charge or administrative complaint; and (B) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers' compensation; (C) indemnification rights the Executive has against the Company; (D) any right to file an unfair labor practice charge under the National Labor Relations Act or Executive's rights under a collective bargaining agreement without processes; and (E) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the claims released in this Section 5 or any portion thereof or interest therein to any third party prior to the Effective Dateapplicable plan documents and award agreements.

Executives General Release and Waiver of Claims. In exchange for the consideration provided in this Agreement, the Executive on behalf of himself and his the Executive's heirs, executors, representatives, agents, insurers, administrators, successorsagents, and assigns (collectively, the “Releasors”) irrevocably and unconditionally fully and forever waive, release, and discharge the Company GroupCompany, including each member of the Company Group’s parents, subsidiaries, affiliates, predecessors, successors, and assigns, and all of their respective officers, directors, employees, shareholders, trustees and partners, in their corporate and individual capacities (collectively, the “ReleaseesReleased Parties”), from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ ' fees) of any kind whatsoever whatsoever, whether known or unknown (collectively, “Claims”), whether known or unknown, from the beginning of time through the Effective Date, including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have, have or have ever hadhad against the Released Parties, or may in the future have any of them, arising out of, or in any way related to the Executive’s 's hire, benefits, employment, termination, or separation from employment with the Company Group and by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other mattermatter from the beginning of time up to and including the date of the Executive's execution of this Agreement, including, but not limited to: (ia) any and all claims under Title VII of the Civil Rights Act of 19641964 (Title VII), the Americans with Disabilities ActAct (ADA), the Family and Medical Leave Act (with respect to FMLA) (regarding existing but not prospective claims), the Fair Labor Standards ActAct (FLSA), the Equal Pay Act, the Employee Executive Retirement Income Security Act, Act (with respect to ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations ActAct (NLRA), the Age Discrimination in Employment ActAct (ADEA), the Uniform Services Employment and Reemployment Rights ActAct (USERRA), the Genetic Information Nondiscrimination ActAct (XXXX), the Immigration Reform and Control Act (IRCA), the New Jersey Law Against DiscriminationDiscrimination (NJLAD), the New Jersey Family Medical Leave ActAct (NJFLA), the New Jersey Conscientious Employee Executive Protection ActAct (NJCEPA), the New Jersey Wage Payment Law, the New Jersey Wage and Hour Law, retaliation claims under the New Jersey Workers’ ' Compensation ActLaw (NJWCL), the New Jersey Equal Pay Act, the New Jersey Civil Union Act, the New Jersey Smoking LawLaw (NJSL), all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (iib) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released, including, but not limited to, any amounts owed to the Executive under the Employment Agreement; (iiic) any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an expressed express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (ivd) any and all claims for monetary or equitable relief, including but not limited to attorneys’ ' fees, back pay, front pay, reinstatement, experts’ ' fees, medical fees or expenses, costscosts and disbursements, punitive damages, liquidated damages, and disbursements. By referencing penalties; and However, this general release and waiver of claims excludes, and the laws aboveExecutive does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Company does Equal Employment Opportunity Commission, or other similar federal or state administrative agencies, although the Executive waives any right to monetary relief related to any filed charge or administrative complaint; and (B) claims that cannot admit to coverage of be waived by law, such as claims for unemployment benefit rights under the Company Group or New Jersey Unemployment Insurance Law and workers' compensation benefits rights under the Releasees under any of these laws. The Executive represents that New Jersey Workers' Compensation Act; and (C) indemnification rights the Executive has not assigned against the Employer; and (D) any right to file an unfair labor practice charge under the National Labor Relations Act or transferred, or purported to assign or transfer, any of the claims released in this Section 5 or any portion thereof or interest therein to any third party prior to the Effective DateExecutive's rights under a collective bargaining agreement without processes.

Executives General Release and Waiver of Claims. In exchange for the consideration provided in this the Agreement, the Executive on behalf of himself and his the Executive’s heirs, executors, representatives, administrators, agents, insurers, administrators, successors, and assigns (collectively, the “Releasors”) irrevocably and unconditionally fully and forever waive, release, and discharge the Company GroupEmployer, including each member of the Company GroupEmployer’s parents, subsidiaries, affiliates, predecessors, successors, and assigns, and all each of its and their respective officers, directors, employees, shareholders, trustees trustees, partners, and partnersother affiliates, in their corporate and individual capacities (collectively, the “ReleaseesReleased Parties”), from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectively, “Claims”)whatsoever, whether known or unknown, from the beginning of time through the Effective Date, including, without limitation, any claims under any federal, state, local, or foreign law, that Releasors may have, have or have ever hadhad against the Released Parties, or may in the future have any of them, arising out of, or in any way related to the Executive’s hire, benefits, employment, termination, or separation from employment with the Company Group and Employer by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other mattermatter from the beginning of time up to and including the date of the Executive’s execution of this Second Release (collectively, “Released Claims”), including, but not limited to: (i) a. any and all claims under the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 19641964 (Title VII), the Americans with Disabilities ActAct (ADA), the Family and Medical Leave Act (with respect to FMLA) (regarding existing but not prospective claims), the Fair Labor Standards ActAct (FLSA), the Equal Pay Act, the Employee Executive Retirement Income Security Act, Act (with respect to ERISA) (regarding unvested benefits), the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act, the Age Discrimination in Employment ActAct (NLRA), the Uniform Services Employment and Reemployment Rights ActAct (USERRA), the Genetic Information Nondiscrimination ActAct (XXXX), the New Jersey Law Against Discrimination, the New Jersey Family Medical Leave Act, the New Jersey Conscientious Employee Protection Act, the New Jersey Wage Payment Law, the New Jersey Wage Immigration Reform and Hour Law, retaliation claims under the New Jersey Workers’ Compensation Act, the New Jersey Equal Pay Act, the New Jersey Civil Union Act, the New Jersey Smoking LawControl Act (IRCA), all including any amendments and their respective implementing regulations, and any other federal, state, local, or foreign law (statutory, regulatory, or otherwise) that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner; (ii) b. any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, and severance that may be legally waived and released, including, but not limited to, any amounts owed to the Executive under the Employment Agreement; (iii) c. any and all claims arising under tort, contract, and quasi-contract law, including but not limited to claims of breach of an expressed express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, and negligent or intentional infliction of emotional distress; and (iv) d. any and all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costscosts and disbursements, punitive damages, liquidated damages, and disbursementspenalties. By referencing However, notwithstanding anything herein to the laws abovecontrary, this general release and waiver of claims excludes, and the Executive does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by, the Company does Equal Employment Opportunity Commission or other similar federal or state administrative agencies, although the Executive waives any right to monetary relief related to any filed charge or administrative complaint; (B) claims that cannot admit be waived by law, such as claims for any rights to coverage vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the Company Group applicable plan documents and award agreements; (C) any right under the Agreement or this Second Release; (D) any right relating to directors’ and officers’ liability insurance coverage or any right of indemnification or exculpation under the Releasees under any Employer’s or its affiliates’ organizational documents, that certain Indemnification Agreement between the Parties dated as of these laws. The Executive represents that the Executive has not assigned or transferredFebruary 14, 2018, or purported to assign otherwise; or transfer, (E) any of right as an equity holder in the claims released in this Section 5 Employer or any portion thereof or interest therein to any third party prior to the Effective Dateits affiliates.