Common use of Full and Final Release Clause in Contracts

Full and Final Release. In exchange for the severance benefits provided by the Company under Section 3 of this Agreement, you, for yourself personally and your representatives, spouse, heirs, executors, administrators, successors and assigns, fully, finally and forever release and discharge the Company and its parents, subsidiaries, affiliates, and related entities, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, insurers, and employees, shareholders, members and managers (Released Parties), of and from all claims and potential claims that may legally be waived by private agreement, whether known or unknown, which you have asserted or could assert against the Company arising out of or relating in any way to acts, circumstances, facts, transactions, or omissions based on facts occurring up to and including the date you sign this Agreement. Specifically included in this waiver and release are, among other things, claims of unlawful discrimination, harassment, retaliation, or failure to accommodate; related to terms and conditions of employment; for compensation or benefits; and/or for wrongful termination of employment, under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Pregnancy Discrimination Act, the Worker Adjustment Retraining and Notification Act, and as applicable depending upon the jurisdiction where you were employed, any analogous state laws related to your employment including state fair employment or anti-discrimination laws, wages payment or minimum wage laws, equal pay acts, paid or unpaid family and medical leave laws, and any amendments to such laws, or any other federal, state or local statute, constitution, charter, rule, ordinance, regulation or order [or those of any other county], as well as claims in equity or under the common law for tort, breach of contract (express or implied, written or oral), wrongful discharge, defamation, emotional distress, and negligence or other unlawful behavior. As an employee residing in the state of California, then you are releasing all rights under section 1542 of the California Civil Code, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

Full and Final Release. In exchange for consideration of the severance benefits payments being provided by the Company under Section 3 of this Agreementto Xx. Xxxxxxx above, youXx. Xxxxxxx, for yourself personally and your representativeshimself, spousehis attorney, heirs, executors, administrators, successors and assigns, fully, finally and forever release releases and discharge the Company discharges K-C, all parent, subsidiary, related and affiliated companies, including K-C, and its parentsparent, subsidiariessubsidiary, affiliates, related and related entitiesaffiliated companies, as well as its and their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, insurers, and employees, shareholders, members and managers employees (Released Partiesall of whom are referred to throughout this Article as “KCC”), of and from all claims claims, demands, actions, causes of action, suits, damages, losses, and potential claims that may legally be waived by private agreementexpenses, whether known or unknownof any and every nature whatsoever, which you have asserted or could assert against the Company arising out as a result of or relating in any way to acts, circumstances, facts, transactions, actions or omissions based on facts occurring up to and including through the execution date you sign of this Consulting Agreement. Specifically included in this waiver and release are, among other things, any and all claims of unlawful alleged employment discrimination, harassmenteither as a result of the separation of Xx. Xxxxxxx’x employment or otherwise, retaliation, or failure to accommodate; related to terms and conditions of employment; for compensation or benefits; and/or for wrongful termination of employmentany claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Pregnancy Discrimination Americans with Disabilities Act, the Worker Adjustment and Retraining and Notification (WARN) Act, the Uniformed Services Employment and as applicable depending upon Reemployment Rights Act (USERRA), the jurisdiction where you were employedXxxxxxxxx Fair Pay Act, any analogous state laws related to your employment including state fair employment or anti-discrimination lawsthe Internal Revenue Code (IRC), wages payment or minimum wage lawsthe US tax code, equal pay actsthe Employee Retirement Income Security Act (ERISA), paid or unpaid family and medical leave laws, and any amendments to such laws, or any other federal, state or local statute, constitution, charter, rule, ordinance, regulation or order [or those of any other county]regulation, as well as any claims in equity for alleged wrongful discharge, negligent or under the common law for tortintentional infliction of emotional distress, breach of contract (express or impliedcontract, written or oral), wrongful dischargefraud, defamation, emotional distress, and negligence or any other unlawful behavior, the existence of which is specifically denied by KCC. As an employee residing Nothing in this Agreement, however, shall be construed to prohibit Xx. Xxxxxxx from filing a charge or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency. Notwithstanding the foregoing, Xx. Xxxxxxx waives his right to recover monetary or other damages as a result of Californiaany charge or lawsuit filed by Xx. Xxxxxxx or by anyone else on Xx. Xxxxxxx’x behalf, then you are releasing all rights including a class or collective action, whether or not Xx. Xxxxxxx is named in such proceeding. Further, nothing in this Agreement is intended to waive Xx. Xxxxxxx’x entitlement to vested benefits under section 1542 of any pension, 401(k) plan or other benefit plan provided by KCC. Finally, the California Civil Code, which provides: A general above release does not extend to waive claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and thatXx. Xxxxxxx could make, if known available, for unemployment or workers’ compensation and also excludes any other claim which cannot be released by him or her would have materially affected his or her settlement with private agreement between the debtor or released partyparties.

Full and Final Release. In exchange for consideration of the severance benefits provided by the Company under Section 3 of this AgreementCompany, youEmployee, for yourself Employee personally and your representatives, spouse, Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever release releases and discharge discharges the Company and its parents, subsidiaries, affiliates, and related entities, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, insurers, and employees, shareholders, members and managers employees (all of whom are referred to throughout this Agreement as the "Released Parties"), of and from all claims claims, demands, actions, causes of action, suits, damages, losses, and potential claims that may legally be waived by private agreementexpenses, whether known or unknownof any and every nature whatsoever, which you have asserted or could assert against the Company arising out as a result of or relating in any way to acts, circumstances, facts, transactions, actions or omissions based on facts occurring up to and including through the date you sign Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of unlawful discrimination, harassment, retaliation, or failure to accommodate; related to terms alleged employment discrimination and conditions of employment; for compensation or benefits; and/or for wrongful termination of employment, under retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Pregnancy Discrimination Act, including the Worker Adjustment Retraining and Notification amendments provided by the Older Workers Benefits Protection Act, and as applicable depending upon the jurisdiction where you were employed, any analogous state laws related to your employment including state fair employment or anti-discrimination laws, wages payment or minimum wage laws, equal pay acts, paid or unpaid family and medical leave laws, and any amendments to such laws, or any other federal, state or local statute, constitution, charter, rule, ordinance, regulation or order [or those of any other county]regulation, as well as any claims in equity or under the common law for tort, contract, 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 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 Agreement; (ii) Employee's breach of contract (express or implied, written or oral), wrongful discharge, defamation, emotional distress, any terms and negligence or other unlawful behavior. As an employee residing in the state of California, then you are releasing all rights under section 1542 conditions of the California Civil Code, which provides: A general release does not extend to claims that Agreement; and (iii) Employee's criminal activities or intentional misconduct occurring during the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or her settlement Employee's employment with the debtor or released partyCompany.