Common use of Full and Final Release Clause in Contracts

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 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, including the amendments provided by the Older Workers Benefits Protection Act, or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, or wrongful discharge. The above release does not waive claims (i) for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Appears in 1 contract

Samples: Separation Agreement (SunOpta Inc.)

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Full and Final Release. In consideration of the benefits being provided by the Companyto her above, EmployeeExecutive, for Employee personally and Employee’s herself, her attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliatesBioAtla, all parent, subsidiary and/or affiliated companies, as well as its and their respective successors, assigns, officers, owners, stockholders, directors, agents, representatives, attorneys, attorneys and employees (all of whom are referred to throughout this Agreement Release as “BioAtla” or the “Released PartiesCompany”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, of any and every nature whatsoever, as a result of actions or 1omissions omissions occurring through the date Employee signs this AgreementSeparation Date. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Act, including the amendments provided by the Older Workers Benefits Protection Family Medical Leave Act, or the California Fair Employment and Housing Act, the California Family Rights Act, The New Parent Leave Act, any other federal, state or local statute, rule, ordinance, ordinance or regulationregulation (including the California Labor Code and the California Business and Professions Code), as well as any claims under common law for tortalleged failure to pay all wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation, wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by BioAtla. The Executive also agrees not to participate in any class, collective, representative, or group action that may include any of the claims released above, and will affirmatively opt out of any such class, collective, representative or group action. Nothing in this Release, however, is intended to waive Executive’s (i) rights under this Release, (ii) entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by BioAtla or (iii) to Executive’s existing rights to indemnification. Finally, the above release does not waive claims (i) that Executive could make, if 4152-0071-9404.1 available, for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreementworker’s compensation, and (iv) the release also excludes any other claim 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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Appears in 1 contract

Samples: Transition Agreement (BioAtla, Inc.)

Full and Final Release. In consideration of the benefits consideratixx xx xxx payments being provided by the Companyto him above, EmployeeMr. Reiff, for Employee personally and Employee’s himself, his attorneys, heirs, executors, administratorsadministratxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges the Company and its affiliatesVerilink, all subsidiary and/or affiliated companies, as well as its and 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”"Verilink"), 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 1omissions omissions occurring through the effective date Employee signs of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination and retaliation prohibited by discrimination, either as a result of the separation of Mr. Reiff's employment, or otherwise, under the Age Discrimination ix Xxxxxxxxxt Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, including the amendments provided by the Older Workers Benefits Protection Act, or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by Verilink. The Nothing in this Agreement and Release, however, is intended to waive Mr. Reiff's entitlement to vested benefits under any pension or 401(x) xxxx xx other benefit plan provided by Verilink. Nor does this release waive any right Mr. Reiff may have to challenge the validity of this Agreement and Rxxxxxx xxth the Equal Employment Opportunity Commission ("EEOC") with respect to any claim arising under the Age Discrimination in Employment Act. Finally, the above release does not waive claims (i) that Mr. Reiff could make, if available, for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited' comxxxxxxxxx.

Appears in 1 contract

Samples: Settlement Agreement (Verilink Corp)

Full and Final Release. In consideration of the benefits Separation Benefits provided by to Employee pursuant to the CompanySeparation Agreement and/or the Release Agreement, Employee, for Employee personally and Employee, Employee’s attorneys, 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”), Parties of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or 1omissions omissions occurring through on or after the date Employee signs signed the Release Agreement through the execution date of this AgreementSupplemental Release. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, including the amendments provided by Uniformed Services Employment and Reemployment Rights Act (USERRA), the Older Workers Benefits Protection Xxxxxxxxx Fair Pay Act, or the Genetic Information Nondiscrimination Act of 2008, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Supplemental Release is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Supplemental Release, and that this Supplemental Release contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (ia) for may arise after the date on which Employee executes this Supplemental Release; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment or benefits and workers’ compensation benefitsclaims, (iic) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Supplemental Release is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Supplemental Release shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under ERISA-covered the Company’s employee benefit plans as applicable on the date Employee signs this Agreement, (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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibitedplans.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Avanos Medical, Inc.)

Full and Final Release. In consideration of the benefits payments being provided by the Companyto him above, EmployeeXx. Xxxxxxxxx, for Employee personally and Employee’s himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliatesKCW, K-C, all subsidiary and/or affiliated companies, as well as its and their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the Released PartiesKCC”), 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 1omissions omissions occurring through the effective date Employee signs of 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 discrimination, either as a result of the separation of Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, including the amendments provided by the Older Workers Benefits Protection ActUniformed Services Employment and Reemployment Rights Act (USERRA), or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by KCC. The Nothing in this Agreement, however, is intended to waive Xx. Xxxxxxxxx’x entitlement to vested benefits under any pension, 401(k) plan or other benefit plan provided by KCC. Finally, the above release does not waive claims (i) that Xx. Xxxxxxxxx could make, if available, for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, and (iv) also excludes any other claim 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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Appears in 1 contract

Samples: Severance Agreement (Kimberly Clark Corp)

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Full and Final Release. In consideration of the benefits payments being provided by the Companyto him above, EmployeeXx. Xxxxxxxxx, for Employee personally and Employee’s himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliatesK-C, all subsidiary and/or affiliated companies, Xxxxxxxx-Xxxxx Worldwide, Inc., as well as its and their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are collectively referred to throughout this Reaffirmation Agreement as the Released PartiesKCC”), 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 1omissions omissions occurring through the effective date Employee signs of this Reaffirmation Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by discrimination, either as a result of the separation of Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, including the amendments provided by the Older Workers Benefits Protection ActUniformed Services Employment and Reemployment Rights Act (USERRA), or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by KCC. The Nothing in this Reaffirmation Agreement, however, is intended to waive Xx. Xxxxxxxxx’x entitlement to vested benefits under any pension, 401(k) plan or other benefit plan provided by KCC. Finally, the above release does not waive claims (i) that Xx. Xxxxxxxxx could make, if available, for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, and (iv) also excludes any other claim 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 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 National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Appears in 1 contract

Samples: Severance Agreement (Kimberly Clark Corp)

Full and Final Release. In consideration of the benefits payments being provided by the Companyto Employee above, Employee, for Employee personally and Employee, Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company Company, all parent, subsidiary, related and its affiliatesaffiliated companies, as well as its and 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, whether known or unknown, of any and every nature whatsoever, as a result of actions or 1omissions omissions occurring through the execution date Employee signs of 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 discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, including the amendments provided by Uniformed Services Employment and Reemployment Rights Act (USERRA), the Older Workers Benefits Protection Xxxxxxxxx Fair Pay Act, or the Genetic Information Nondiscrimination Act of 2008, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (ia) for may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment or benefits and workers’ compensation benefitsclaims, (iic) constitute an award to Employee from or by a government agency for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreementproviding information. In addition, (iii) that may arise after Employee signs this Agreement, and (iv) which cannot be released by private agreement. Nothing nothing in this Agreement prevents is intended to waive any vested right that Employee may have with respect to any pension or other retirement benefits to which Employee is entitled by virtue of Employee’s employment with the Company, and nothing in this Agreement shall prohibit 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 any employment laws, although by signing this release Employee is waiving rights to individual relief based on claims asserted in enforcing such a charge or complaint, except charges before the National Labor Relations Board or otherwise where such a waiver of individual relief is prohibitedrights.

Appears in 1 contract

Samples: Severance Agreement (Avanos Medical, Inc.)

Full and Final Release. In consideration of the benefits payments being provided by the Companyto Employee above, Employee, for Employee personally and Employee, Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company Company, all parent, subsidiary, related and its affiliatesaffiliated companies, as well as its and 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, whether known or unknown, of any and every nature whatsoever, as a result of actions or 1omissions omissions occurring through the execution date Employee signs of 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 discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, including the amendments provided by Uniformed Services Employment and Reemployment Rights Act (USERRA), the Older Workers Benefits Protection Xxxxxxxxx Fair Pay Act, or the Genetic Information Nondiscrimination Act of 2008, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tortalleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or wrongful dischargeany other unlawful behavior, the existence of which is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (ia) for may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment or benefits and workers’ compensation benefitsclaims, (iic) constitute an award to Employee from or by a Government Agency for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreementproviding information. In addition, (iii) that may arise after Employee signs this Agreement, and (iv) which cannot be released by private agreement. Nothing nothing in this Agreement prevents is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from filing enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as 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 result of any employment laws, although by signing this release act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, except charges before entitled under the National Labor Relations Board or otherwise where such a waiver of individual relief is prohibitedCompany’s employee benefit plans.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Avanos Medical, Inc.)

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