Full and Final Release. In consideration of the benefits provided by the Company, Employee, for Employee personally and Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliates, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the date Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), including the amendments provided by the Older Workers Benefits Protection Act (“OWBPA”), and any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, and wrongful discharge. Employee is releasing all rights under section 1542 of the California Civil Code. Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee consciously intends these consequences even as to claims for damages that may exist as of the date this Agreement is executed that Employee does not know exists and which if known, would materially affect Employee’s decision to execute this Agreement, regardless of whether the lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause.
Appears in 1 contract
Samples: Separation Agreement and Full and Final Release (SunOpta Inc.)
Full and Final Release. In consideration of the benefits provided by the Company, Employee, for Employee personally and Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliates, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions 1omissions occurring through the date Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”)Act, including the amendments provided by the Older Workers Benefits Protection Act (“OWBPA”)Act, and or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, and or wrongful discharge. Employee is releasing all rights under section 1542 of the California Civil Code. Section 1542 provides as follows: A general The above release does not extend to waive claims which the creditor does not know (i) for unemployment or suspect to exist in his or her favor at the time of executing the releaseworkers’ compensation benefits, which if known by him or her must have materially affected his or her settlement with the debtor. Employee consciously intends these consequences even (ii) for vested rights under ERISA-covered employee benefit plans as to claims for damages that may exist as of applicable on the date this Agreement is executed that Employee does not know exists and which if known, would materially affect Employee’s decision to execute signs this Agreement, regardless (iii) that may arise after Employee signs this Agreement, and (iv) which cannot be released by private agreement. Nothing in this Agreement prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by any federal, state or local agency charged with the enforcement of whether any employment laws, although by signing this release Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, except charges before the lack National Labor Relations Board or otherwise where such a waiver of knowledge individual relief is the result of ignorance, oversight, error, negligence or any other causeprohibited.
Appears in 1 contract
Samples: Separation Agreement and Full and Final Release (SunOpta Inc.)
Full and Final Release. In consideration of the benefits provided by the Company, Employee, for Employee personally and Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliates, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the “"Released Parties”"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the date Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”)Act, including the amendments provided by the Older Workers Benefits Protection Act (“OWBPA”)Act, and or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, and or wrongful discharge. In exchange for Employee’s waiver and release of claims against the Released Parties, and non-revocation of any portion of that release, the Company expressly waives and releases any and all claims against the Employee is releasing all rights under section 1542 that may be waived and released by law with the exception of claims arising out of or attributable to: (i) events, acts, or omissions taking place after the parties’ execution of the California Civil Code. Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time Agreement; (ii) Employee's breach of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee consciously intends these consequences even as to claims for damages that may exist as any terms and conditions of the date this Agreement is executed that Employee does not know exists Agreement; and which if known, would materially affect (iii) Employee’s decision to execute this Agreement, regardless of whether 's criminal activities or intentional misconduct occurring during the lack of knowledge is the result of ignorance, oversight, error, negligence or any other causeEmployee's employment with Company.
Appears in 1 contract
Samples: Separation Agreement and Full and Final Release (SunOpta Inc.)
Full and Final Release. In consideration of the benefits provided by the Company, EmployeeExecutive, for Employee Executive personally and EmployeeExecutive’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company CIRCOR International, Inc. (“CIRCOR”) and its affiliatessubsidiaries, including by not limited to the Company, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement Release as the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of Exhibit 10.35 any and every nature whatsoever, as a result of actions or omissions occurring through the date Employee Executive signs this Agreement. Specifically included Release, including but not limited to claims arising out of or in this waiver any way related to (i) Executive’s employment with the Company, or the termination of Executive’s employment or any contract or agreement between Executive and release arethe Company and the Executive and CIRCOR and (ii) the Age Discrimination in Employment Act (“ADEA”), among other things, any and all claims of alleged employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), including the amendments provided by the Older Workers Benefits Protection Act (“OWBPA”), and or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, and or wrongful discharge. Employee It is releasing all rights under section 1542 the intention of the California Civil Code. Section 1542 provides as follows: A Company and Executive and is fully understood and agreed by them that this Agreement includes a general release does not extend to of all claims which (with the creditor does not know or suspect to exist exception of the excluded claims described in his or her favor at the time of executing the releaseSection 11 below), which if known by him Executive holds or her must have materially affected his previously held against the Released Parties, or her settlement with the debtor. Employee consciously intends these consequences even as to claims for damages that may exist as any of the date this Agreement is executed that Employee does not know exists and which if known, would materially affect Employee’s decision to execute this Agreementthem, regardless of whether they are specifically referred to herein. No reference herein to any specific claim, statute or obligation is intended to limit the lack scope of knowledge is the result this general release and, notwithstanding any such reference, this Release shall be effective as a full and final bar to all claims of ignoranceevery kind and nature, oversightwhether known or unknown, errorsuspected or unsuspected, negligence or any other causefixed or contingent, released by this Release.
Appears in 1 contract
Samples: Separation Agreement and Release (Circor International Inc)