Common use of Executive’s Obligations Clause in Contracts

Executive’s Obligations. In return for the Company’s Obligations in section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal and equitable claims against the Company that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal and equitable claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims for attorneys fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vi) All claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement. The Severance that Executive is receiving in this Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this Agreement, the Company owes Executive nothing else in return for Executive’s Obligations.

Appears in 4 contracts

Samples: Employment Agreement (Valuevision Media Inc), Key Employee Agreement (Valuevision Media Inc), Employment Agreement (Valuevision Media Inc)

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Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vii), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vii), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 3 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has or may have through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has or may have now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from termination of employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, and grants of stock, and stock options, and other equity awards or equity-based awards; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from termination of employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. Notwithstanding the foregoing, nothing in this Section 2(a) shall constitute a waiver of (i) any Claims that arise as a result of conduct that occurs after the date that Executive signs this Agreement, (ii) any Claims for continuation rights under COBRA, or (iii) any Claims that do not exist as of the date that Executive signs this Agreement. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his or her rights and/or the Corporation’s obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Restrictive Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vii), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vii), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 3 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has or may have through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has or may have now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from termination of employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, and grants of stock, and stock options, and other equity awards and equity-based awards; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from termination of employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. Notwithstanding the foregoing, nothing in this Section 2(a) shall constitute a waiver of (i) any Claims that arise as a result of conduct that occurs after the date that Executive signs this Agreement, (ii) any Claims for continuation rights under COBRA, or (iii) any Claims that do not exist as of the date that Executive signs this Agreement. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Restrictive Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vii), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vii), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 2 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has or may have through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has or may have now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from termination of employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, and grants of stock, and stock options, and other equity awards or equity-based awards; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from termination of employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. Notwithstanding the foregoing, nothing in this Section 2(a) shall constitute a waiver of (i) any Claims that arise as a result of conduct that occurs after the date that Executive signs this Agreement, (ii) any Claims for continuation rights under COBRA, or (iii) any Claims that do not exist as of the date that Executive signs this Agreement. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his rights and/or the Corporation’s obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Restrictive Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vi), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vi), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Article III of the Employment Agreement is incorporated hereto by reference and integrated herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal and equitable claims against the Company that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal and equitable claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims arising under the Executive Employment and Severance Agreement between Executive and the Company dated November 17, 2014, except as contemplated in the Separation Agreement; (v) All claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity or bonus pay, other grants of incentive compensation, grants of stock, and stock optionsoptions or other equity based compensation; (vivii) All claims under the Employee Retirement Income and Security Act of 1974, as amended (“ERISA”); and (viiviii) All claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement. The Severance that Executive is receiving in this Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this Agreement, the Company owes Executive nothing else in return for Executive’s Obligations. (c) The Parties agree that this Section 2 does not prohibit Executive from enforcing the terms and obligations imposed upon the Company under the Separation Agreement should the Company be in breach or threatened breach of said Separation Agreement.

Appears in 1 contract

Samples: Separation Agreement (EVINE Live Inc.)

Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments and demands (collectively, “Claims”) against the Company or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has now, whether or not Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims Claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims Claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vi) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement and the Separation Agreement. The Severance that Executive is receiving in this the Separation Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Separation Agreement, the Company owes Executive nothing else in return for Executive’s Obligations.

Appears in 1 contract

Samples: Separation Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages and liquidated damages; and (x) All Claims for reinstatement or re-employment. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Article III of the Employment Agreement should executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Article III of the Employment Agreement is incorporated hereto by reference and integrated herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal and equitable claims against the Company that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal and equitable claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vi) All claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement. The Severance that Executive is receiving in this Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this Agreement, the Company owes Executive nothing else in return for Executive’s Obligations. (c) The Parties agree that this Section 2 does not prohibit Executive from enforcing the terms and obligations imposed upon the Company under the Separation Agreement should the Company be in breach of said Separation Agreement.

Appears in 1 contract

Samples: Separation Agreement (Valuevision Media Inc)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has or may have through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has or may have now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from termination of employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, and grants of stock, and stock options, and other equity awards or equity-based awards; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from termination of employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. Notwithstanding the foregoing, nothing in this Section 2(a) shall constitute a waiver of (i) any Claims that arise as a result of conduct that occurs after the date that Executive signs this Agreement, (ii) any Claims for continuation rights under COBRA, or (iii) any Claims that do not exist as of the date that Executive signs this Agreement. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his rights and/or the Corporation’s obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Restrictive Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vii), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vii), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

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Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal and equitable claims against the Company that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal and equitable claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims arising under the Company’s Executives’ Severance Benefit Plan, except for the payments contemplated under the Separation Agreement; (v) All claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity or bonus pay, other grants of incentive compensation, grants of stock, and stock optionsoptions or other equity based compensation; (vivii) All claims under the Employee Retirement Income and Security Act of 1974, as amended (“ERISA”); and (viiviii) All claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement. The Severance that Executive is receiving in this Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this Agreement, the Company owes Executive nothing else in return for Executive’s Obligations. (c) The Parties agree that this Section 2 does not prohibit Executive from enforcing the terms and obligations imposed upon the Company under the Separation Agreement should the Company be in breach or threatened breach of said Separation Agreement.

Appears in 1 contract

Samples: Separation Agreement (EVINE Live Inc.)

Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Subject expressly to Section 2(c) hereof, Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments and demands (collectively, “Claims”) against the Company or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever whatsoever, including, without limitation, the following: (i) All claims Claims that Executive has now, whether Executive now knows about or suspects such claimsClaims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims Claims arising out of Executive’s employment and Executive’s separation from employment with the Company Company, including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims Claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, stock options and stock optionsother equity awards; (vi) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement and the Separation Agreement. The Severance Benefits that Executive is receiving in this the Separation Agreement has have a value that is greater than anything to which Executive is entitled, and Executive acknowledges that this Agreement is supported by good, valuable, and sufficient consideration to make it enforceable in all respects. Other than what Executive is receiving in this the Separation Agreement, the Company owes Executive nothing else in return for Executive’s Obligations. (c) Notwithstanding anything to the contrary in this Agreement or in the Separation Agreement, the Company shall not be released or discharged hereunder with respect to any Claim that Executive has or may have under, or in connection with, the Separation Agreement.

Appears in 1 contract

Samples: Separation Agreement (Cryolife Inc)

Executive’s Obligations. In return for the CompanyCorporation’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company Corporation or any of its direct or indirect subsidiaries or affiliates that Executive has or may have through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has or may have now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims Claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims including but not limited to Claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from termination of employment with the Company includingCorporation, for example, including but not limited to any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, and grants of stock, and stock options, and other equity awards or equity-based awards; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and, subject to Section 4(c) herein; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from termination of employment with the CompanyCorporation; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. Notwithstanding the foregoing, nothing in this Section 2(a) shall constitute a waiver of (i) any Claims that arise as a result of conduct that occurs after the date that Executive signs this Agreement, (ii) any Claims for continuation rights under COBRA, or (iii) any Claims that do not exist as of the date that Executive signs this Agreement. (b) Executive will not commence any civil actions against the Company Corporation except as necessary to enforce its his obligations under this Agreement and the Employment Agreement. The Severance that Executive is receiving in this the Employment Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Employment Agreement, the Company Corporation owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Corporation, and the Corporation shall have the right to refuse to re-employ Executive without liability. (d) Executive agrees to continue to adhere to the terms and conditions set forth in Article III (Restrictive Covenants) of the Employment Agreement. Executive agrees that such terms and conditions are reasonable and necessary to protect the legitimate interests of the Corporation and that any violation of Article III of the Employment Agreement by Executive may cause substantial and irreparable harm to the Corporation. Executive agrees that the Corporation may seek any remedies set forth in Section 2.7(a)(vi), Section 2.7(e)(vii), and/or Article III of the Employment Agreement should Executive violate Article III of the Employment Agreement. The Corporation and Executive specifically agree that Section 2.7(a)(vi), Section 2.7(e)(vii), and Article III of the Employment Agreement are incorporated hereto by reference and integrated herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the Company’s Obligations in section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal and equitable claims against the Company that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal and equitable claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vi) All claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement. The Severance that Executive is receiving in this Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this Agreement, the Company owes Executive nothing else in return for Executive’s Obligations.

Appears in 1 contract

Samples: Employment Agreement (Valuevision Media Inc)

Executive’s Obligations. In return for the Company’s Obligations in section Section 1 above, Executive knowingly and voluntarily agrees to the following: (a) Executive hereby fully, finally and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments and demands (collectively, “Claims”) against the Company or any of its direct or indirect subsidiaries or affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever including, without limitation, the following: (i) All claims Claims that Executive has now, whether Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (iv) All claims Claims arising out of Executive’s employment and Executive’s separation from employment with the Company including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (v) All claims Claims for any other compensation, including vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vi) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and (vii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement and the Separation Agreement. The Severance that Executive is receiving in this the Separation Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Separation Agreement, the Company owes Executive nothing else in return for Executive’s Obligations.

Appears in 1 contract

Samples: Separation Agreement (Regional Management Corp.)

Executive’s Obligations. In return for the Company’s Obligations as stated in section Section 1 above, Executive knowingly and voluntarily agrees to the following:following (such obligations of Executive, the “Executive’s Obligations”): (a) Executive hereby fully, finally finally, and forever releases, waives, and discharges, to the maximum extent that the law permits, any and all legal legal, equitable, and equitable claims administrative claims, actions, causes of action, suits, debts, accounts, judgments, and demands (collectively, “Claims”) against the Company and its direct and indirect subsidiaries and affiliates that Executive has through the date on which Executive signs this Agreement. This full and final release, waiver, and discharge extends to all and each of every legal legal, equitable, and equitable claim(sadministrative Claim(s) of any kind or nature whatsoever whatsoever, including, without limitation, the following: (i) All claims Claims that Executive has now, whether or not Executive now knows about or suspects such claims; (ii) All claims Claims for attorneys attorney’s fees; (iii) All rights and claims of age discrimination and retaliation under the Age Discrimination in Employment Act (“ADEA”) ), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”); ; (iv) All rights and Claims of any other forms of discrimination and retaliation claims of any kind or nature whatsoever under federal, state, or local law, including, for example, claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 1964 and the Americans With Disabilities Act (“ADA”), and the Minnesota Human Rights Act (“MHRA”); (ivv) All claims Claims, whether in contract or tort, arising out of Executive’s employment and Executive’s separation from employment with the Company Company, including, for example, any alleged breach of contract, breach of implied contract, wrongful or illegal termination, defamation, invasion of privacy, fraud, promissory estoppel, and infliction of emotional distress; (vvi) All claims Claims for any other compensation, including but not limited to front pay, back pay, bonus, fringe benefits, vacation pay, other paid time off, severance pay, other severance benefits, incentive opportunity pay, other grants of incentive compensation, grants of stock, and stock options; (vivii) All claims Claims under the Employee Retirement Security Act of 1974, as amended (“ERISA”); and; (viiviii) All claims Claims for any other alleged unlawful employment practices arising out of or relating to Executive’s employment or separation from employment with the Company; (ix) All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and (x) All Claims for reinstatement or re-employment. (b) Executive will not commence any civil actions against the Company except as necessary to enforce its obligations under this Agreement and the Separation Agreement. The Severance that Executive is receiving in this the Separation Agreement has a value that is greater than anything to which Executive is entitled. Other than what Executive is receiving in this the Separation Agreement, the Company owes Executive nothing else in return for Executive’s Obligations. (c) Executive relinquishes any right to future employment with the Company, and the Company shall have the right to refuse to re-employ Executive without liability.

Appears in 1 contract

Samples: Separation Agreement (Regional Management Corp.)

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