Executive’s Waiver and Release Sample Clauses
The "Executive’s Waiver and Release" clause serves to confirm that the executive formally relinquishes any legal claims or rights against the employer, typically in connection with the end of employment. In practice, this clause requires the executive to agree not to pursue lawsuits or other actions related to their employment or its termination, often as a condition for receiving severance or other benefits. Its core function is to protect the employer from future legal disputes by ensuring the executive cannot later assert claims arising from their employment relationship.
Executive’s Waiver and Release. The Executive, for himself, his heirs, successors and assigns and in consideration of the payments to be made by or on behalf of the Company pursuant to Section 3 of this Agreement, does hereby forever discharge and release the Company, and its corporate parents, subsidiaries, affiliated companies, companies with common management, ownership or control, successors, assigns, insurers and reinsurers, attorneys, and franchisees, and all of their officers, directors, shareholders, employees, agents and representatives, in their official and individual capacities (collectively referred to as “Releasees”), from any and all claims, demands, causes of action, damages, charges, complaints, grievances, expenses, compensation and remedies which the Executive now has or may in the future have on account of or arising out of any matter or thing which has happened, developed or occurred before the date of this Agreement (collectively “Claims”), including, but not limited to, all Claims arising from the Executive’s employment with the Company or any of its affiliated companies, the termination of such employment, any and all relationships or dealings between the Executive and the Company or any of the other Releasees, the termination of any such relationships and dealings, and any and all other Claims the Executive may have against the Company or any of the other Releasees, and the Executive hereby waives any and all such Claims including, all charges or complaints that were or could have been filed with any other court, tribunal or governmental agency, and any and all Claims not previously alleged, including, but not limited to, any Claims under the following: (a) Title VII of the Civil Rights Act of 1964, as amended; (b) the Age Discrimination in Employment Act (ADEA), as amended; (c) the Federal Employee Retirement Income Security Act of 1974 (ERISA), as amended; (d) the Americans With Disabilities Act (ADA), as amended; (e) the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended; (f) Section 806 of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, as amended; (g) any and all statutes of similar nature or purpose under Pennsylvania law, or the law of any other state, including, but not limited to, the Pennsylvania Human Relations Act, as amended; and (h) any federal, state or local law, rule, regulation, constitution, executive order or guideline of any description, including, but not limited to, those laws described above, or any rule or principle of equity or c...
Executive’s Waiver and Release. Subject to the last sentence of the first paragraph of this Section 1, the Executive, on his own behalf and on behalf of his heirs, executors, administrators, attorneys and assigns, hereby unconditionally and irrevocably releases, waives and forever discharges the Company and each of its affiliates, parents, successors, predecessors, and the subsidiaries, directors, owners, members, shareholders, officers, agents, and employees of the Company and its affiliates, parents, successors, predecessors, and subsidiaries (collectively, all of the foregoing are referred to as the "Employer"), from any and all causes of action, claims and damages, including attorneys' fees, whether known or unknown, foreseen or unforeseen, presently asserted or otherwise arising through the date of his signing of this Release, concerning his employment or separation from employment. Subject to the last sentence of the first paragraph of this Section 1, this Release includes, but is not limited to, any payments, benefits or damages arising under any federal law (including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act, Executive Order 11246, the Family and Medical Leave Act, and the Worker Adjustment and Retraining Notification Act, each as amended); any claim arising under any state or local laws, ordinances or regulations (including, but not limited to, any state or local laws, ordinances or regulations requiring that advance notice be given of certain workforce reductions); and any claim arising under any common law principle or public policy, including, but not limited to, all suits in lort or contract, such as wrongful termination, defamation, emotional distress, invasion of privacy or loss of consortium. Notwithstanding any other provision of this Release to the contrary, this Release does not encompass, and Executive does not release, waive or discharge, the obligations of the Company (a) to make the payments and provide the other benefits contemplated by the Employment Agreement, or (b) under any restricted stock agreement, option agreement or other agreement pertaining to Executive's equity ownership, or (c) under any indemnification or similar agreement with Executive, including under the charter and by-laws of the Company. The Executive understands that by signing this Release, he is not waiving any claims or administrative cha...
Executive’s Waiver and Release. (a) The Company shall not be obligated to provide any of the benefits described in Section 3 above unless, prior thereto, the Executive has duly executed a waiver and release in a form reasonably acceptable to the Company (the "Waiver and Release").
(b) The Executive shall have twenty-one (21) days to consider whether to sign the Waiver and Release. Furthermore, the Executive may revoke the Waiver and Release within seven (7) calendar days following her execution thereof.
(c) If the Executive fails to sign the Waiver and Release within the twenty-one (21) day period following its delivery to her, or if the Executive signs but thereafter revokes the Waiver and Release within the seven (7) day revocation period, the Executive (and the Executive's surviving spouse and heirs and administrators, if applicable) shall forfeit all rights to the payments identified in Section 3.
(d) At the end of the Consulting Period, the Company shall deliver a waiver and release in a form reasonably acceptable to the Company (the "Additional Waiver and Release") for her signature. The Executive shall have twenty-one (21) days to consider whether to sign the Additional Waiver and Release. Furthermore, the Executive may revoke the Additional Waiver and Release within seven (7) calendar days following her execution thereof. If the Executive has signed the Additional Waiver and Release and the revocation period has expired without the Executive having revoked the Additional Waiver and Release, the Company shall pay to the Executive, in a lump sum cash payment on or before the third (3rd) business day after the expiration of the revocation period, the sum of $15,000, less Applicable Deductions.
Executive’s Waiver and Release. (a) Prior to payment of the amount set forth in Section 3(a) above, the Executive shall execute a Waiver and Release that is substantially in the same form as shown in Exhibit 1 attached to this Agreement (the “Release”). Not later than thirty (30) days following the end of the Retention Period, the Company shall deliver the Release to the Executive for his signature. If the Executive fails to sign the Release within the thirty (30) day period following its delivery to him, the Executive shall forfeit all rights to payment under Section 3(a). Notwithstanding any provision of this Agreement to the contrary, if the time period set forth in this Section 4(a) begins in one taxable year of the Executive and ends in a subsequent taxable year, any payment scheduled to be made under this Agreement will commence in such subsequent taxable year of the Executive.
(b) The Executive will be eligible for payment for unused vacation time, unused sick time, incentive compensation and employee benefits as provided for in accordance with the respective plans’ documents and the Company’s policies.
Executive’s Waiver and Release a. Before payment of the amounts set forth in Section 2(a), the Executive shall execute a waiver and release in the form attached as Exhibit I to this Agreement (the “Release”). If the Executive fails to sign the Release within ten days after the execution of this Agreement by both parties, the Executive shall forfeit all rights to payment under Section 2(a) and this Agreement shall be null and void.
b. Notwithstanding any provision of this Agreement to the contrary, the payments provided in Section 2(a) shall not be paid unless the Executive has signed the Release and the seven-day revocation period described in the Release has expired with no revocation.
c. The Executive represents and warrants that the Release and a proposed form of agreement was first presented to her for her consideration before her Resignation Date and that the Company has encouraged and advised the Executive in writing, prior to her signing this Agreement, to consult with an attorney of the Executive's choosing concerning all of the terms of this Agreement and the Release.
d. The Company hereby represents and warrants that, as of the date of this Agreement, it does not have knowledge of any claim or action against the Executive.
Executive’s Waiver and Release a. After executing this Agreement and after the termination of his employment with the Company, the Executive shall sign a waiver and release in the form attached as Exhibit I to this Agreement (the “Release”). If the Executive fails to sign this Agreement and the Release on or before July 26, 2016, then the Executive will forfeit all rights to payment under Section 2(a)(i) (AIP), (ii) (LTIP), (iii) (lump sum), and (iv) (legal fees), and this Agreement will be null and void.
b. Notwithstanding any contrary provision of this Agreement, the benefits described in Section 2(a)(i), (ii), (iii), and (iv) will not be paid if the Executive does not sign the Release by the date described in Section 3(a) or if he revokes the Release during the seven-day revocation period described in the Release.
c. The Executive acknowledges that the Release and the proposed form of this agreement were first presented to him for his consideration on June 30, 2016, and that the Company has encouraged and advised the Executive in writing, prior to his signing this Agreement, to consult with an attorney of the Executive's choosing concerning all of the terms of this Agreement and the Release.
d. The Company hereby represents and warrants that, as of the date of this Agreement, it does not have knowledge of any claim or action against the Executive.
Executive’s Waiver and Release a. After the termination of the Executive’s employment with the Company, the Executive shall execute a waiver and release in the form attached as Exhibit I to this Agreement (the “Release”). If the Executive fails to execute the Release by January 31, 2017, the Executive will forfeit all rights to the payments described in Section 3(a)(iii)(A) and (B) (additional retirement compensation). The rest of this Agreement will remain in full force and effect.
b. Notwithstanding any provision of this Agreement to the contrary, the payments described in Section 3(a)(iii)(A) and (B) will not be paid unless the Executive executes the Release by January 31, 2017, and the seven-day revocation period described in the Release expires with no revocation.
c. The Executive represents and warrants that the Release and a proposed form of agreement was first presented to him for his consideration before the Effective Date and that the Company has encouraged and advised the Executive in writing, prior to his signing this Agreement, to consult with an attorney of the Executive's choosing concerning all of the terms of this Agreement and the Release.
d. The Company represents and warrants that, as of the date of this Agreement, it does not have knowledge of any claim or action against the Executive.
Executive’s Waiver and Release. (a) The Company shall not be obligated to provide any of the benefits described in Sections 2(b), 2(c), 2(d), 2(e) or 2(f) above unless, prior thereto, the Executive has duly executed a waiver and release that is substantially in the same form as Exhibit C attached to this Agreement (the “Waiver and Release”); provided, that the Executive’s failure to sign the Waiver and Release or his revocation of same will not affect the Executive’s right to elect continued Health Plan coverage pursuant to COBRA as provided in Section 2(d).
(b) On the Termination Date, the Company shall deliver the Waiver and Release to the Executive for his signature. The Executive shall have twenty-one (21) days to consider whether to sign the Waiver and Release. Furthermore, the Executive may revoke the Waiver and Release within seven (7) calendar days following his execution thereof.
(c) If the Executive fails to sign the Waiver and Release within the twenty-one (21) day period following its delivery to him, or if the Executive signs but thereafter revokes the Waiver and Release within the seven (7) day revocation period, the Executive (and the Executive’s surviving spouse and heirs and administrators, if applicable) shall forfeit all rights to the payments, benefits and accommodations identified in Sections 2(b), 2(c), 2(d), 2(e), 2(f), 10(d) and 10(e), subject to the proviso at the end of Section 3(a).
Executive’s Waiver and Release a. After executing this Agreement and after the termination of his employment with the Company, the Executive shall sign a waiver and release in the form attached as Exhibit I to this Agreement (the “Release”). If the Executive fails to sign the Release by the later of (i) the twenty-first day following the date on which the Release and the proposed form of this agreement were first given to the Executive by the Company and (ii) the seventh day following the date of the termination of the Executive’s employment, then the Executive shall forfeit all rights to payment under Section 2(a)(iii) and (iv), and this Agreement shall be null and void.
b. Notwithstanding any contrary provision of this Agreement, the benefits described in Section 2(a)(iii) and (iv) shall not be paid if the Executive does not sign the Release by the date described in Section 3(a) or if he revokes the Release during the seven-day revocation period described in the Release. The AIP and LTIP benefits described in Section 2(a)(i) and (ii) are not conditioned on the Executive’s signing the Release.
c. The Executive acknowledges that the Release and the proposed form of this agreement were first presented to him for his consideration on February 8, 2016, and that the Company has encouraged and advised the Executive in writing, prior to his signing this Agreement, to consult with an attorney of the Executive's choosing concerning all of the terms of this Agreement and the Release.
d. The Company hereby represents and warrants that, as of the date of this Agreement, it does not have knowledge of any claim or action against the Executive.
Executive’s Waiver and Release a. After the termination of the Executive’s employment with the Company, the Executive shall execute a waiver and release in the form attached as Exhibit A to this Agreement (the “Release”). Notwithstanding any provision of this Agreement to the contrary, the payments described in Section 3(a)(ii)(E) and (F) (referring to payments related to the 2020-2022 and 2021-2023 LTIP performance periods) will not be paid unless the Executive executes the Release by January 21, 2022, and the seven-day revocation period described in the Release expires with no revocation. The rest of this Agreement will remain in full force and effect.
b. The Executive represents and warrants that the Release and a proposed form of agreement was first presented to him for his consideration before the Effective Date and that the Company has encouraged and advised the Executive in writing, prior to his signing this Agreement, to consult with an attorney of the Executive's choosing concerning all of the terms of this Agreement and the Release.
c. The Company represents and warrants that, as of the date of this Agreement, it does not have knowledge of any claim or action against the Executive.