Common use of Full and Final Release Clause in Contracts

Full and Final Release. In consideration of the compensation and benefits being provided to him above, Xx. Xxxxxxx, for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Varex, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Tail End Agreement as “Varex”), 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 effective date of this Tail End Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Xx. Xxxxxxx’x employment or otherwise, under the 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, the Family Medical Leave Act, the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law and any other federal, state or local statute, rule, ordinance or regulation, as well as any claims for alleged 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 any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx 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 Tail End Agreement, however, is intended to waive Xx. Xxxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by Varex. Finally, the above release does not waive claims that Xx. Xxxxxxx could make, if available, for unemployment or workers’ compensation, and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of the compensation and benefits being Separation Benefits provided to him aboveEmployee pursuant to the Separation Agreement and/or the Release Agreement, Xx. XxxxxxxEmployee, for himselfEmployee, his Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Varex, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Tail End Agreement as “Varex”), the Released Parties of and from all claims, demands, actions, causes of action, suits, damages, losses losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring on or after the date Employee signed the Release Agreement through the effective execution date of this Tail End AgreementSupplemental Release. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Xx. Xxxxxxx’x 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 Civil Rights Family and Medical Leave Act of 1866 (42 U.S.C. § 1981FMLA), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, the Family Medical Leave Uniformed Services Employment and Reemployment Rights Act (USERRA), the Xxxxxxxxx Fair Pay Act, the Utah Antidiscrimination Genetic Information Nondiscrimination Act of 19652008, Utah the Internal Revenue Code Xxx. §§ 34A-5-102(IRC), 34A-5-106the US tax code, any other employment or wrongful discharge provision of Utah law and the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance ordinance, or regulation, as well as any claims for alleged 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, defamation, or any other unlawful behavior, the existence of which is specifically denied by Varexthe Released Parties. Xx. Xxxxxxx also agrees not to participate in Notwithstanding the provisions of any classlaw, collective, representative, or group action that may include any 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 released abovethat Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Supplemental Release, and will affirmatively opt out that this Supplemental Release contemplates the extinguishment of any such classclaims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Supplemental Release; (b) cannot lawfully be released under applicable law, collectiveincluding, representative but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or group actionby a Government Agency for providing information. Nothing In addition, nothing in this Tail End Agreement, however, Supplemental Release is intended to waive Xx. Xxxxxxx’x entitlement to any vested benefits right that Employee may have under any pension or pension, 401(k) plan or other ERISA-governed benefit plan provided by Varexthe Released Parties, and nothing in this Supplemental Release shall prohibit Employee from enforcing such rights. FinallyFurther, the above release does shall not waive claims 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 Xx. Xxxxxxx could make, if available, 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 unemployment or workers’ compensation, which both Employee and the release also excludes Company are jointly responsible or any other claim vested benefit to which cannot be released by private agreementEmployee is entitled under the Company’s employee benefit plans.

Full and Final Release. In consideration of the compensation and benefits payments being provided to him above, Xx. XxxxxxxXxxxxxxxx, for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VarexKCW, K-C, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Tail End Agreement as “VarexKCC”), 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 omissions occurring through the effective date of this Tail End Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Xx. Xxxxxxx’x 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 Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, the Family Medical Leave ActUniformed Services Employment and Reemployment Rights Act (USERRA), the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law and any other federal, state or local statute, rule, ordinance ordinance, or regulation, as well as any claims for alleged 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, defamation, or any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx 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 actionKCC. Nothing in this Tail End Agreement, however, is intended to waive Xx. Xxxxxxx’x Xxxxxxxxx’x entitlement to vested benefits under any pension or pension, 401(k) plan or other ERISA-governed benefit plan provided by VarexKCC. Finally, the above release does not waive claims that Xx. Xxxxxxx Xxxxxxxxx could make, if available, for unemployment or workers’ compensation, compensation and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of the compensation and benefits payments being provided to him above, Xx. XxxxxxxXxxxxxxxx, for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VarexK-C, all parent, subsidiary and/or affiliated companies, Xxxxxxxx-Xxxxx Worldwide, Inc., as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are collectively referred to throughout this Tail End Reaffirmation Agreement as “VarexKCC”), 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 omissions occurring through the effective date of this Tail End Reaffirmation Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Xx. Xxxxxxx’x 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 Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Worker Adjustment and Retraining Notification (WARN) Act, the Family Medical Leave ActUniformed Services Employment and Reemployment Rights Act (USERRA), the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law and any other federal, state or local statute, rule, ordinance ordinance, or regulation, as well as any claims for alleged 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, defamation, or any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx 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 actionKCC. Nothing in this Tail End Reaffirmation Agreement, however, is intended to waive Xx. Xxxxxxx’x Xxxxxxxxx’x entitlement to vested benefits under any pension or pension, 401(k) plan or other ERISA-governed benefit plan provided by VarexKCC. Finally, the above release does not waive claims that Xx. Xxxxxxx Xxxxxxxxx could make, if available, for unemployment or workers’ compensation, compensation and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of the compensation and benefits consideratixx xx xxx payments being provided to him above, Xx. XxxxxxxMr. Reiff, for himself, his attorneys, heirs, executors, administratorsadministratxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges VarexVerilink, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Tail End Agreement as “Varex”"Verilink"), 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 omissions occurring through the effective date of this Tail End 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, either as a result of the separation of Xx. Xxxxxxx’x employment 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 Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law and any other federal, state or local statute, rule, ordinance ordinance, or regulation, as well as any claims for alleged 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 any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx 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 actionVerilink. Nothing in this Tail End AgreementAgreement and Release, however, is intended to waive Xx. Xxxxxxx’x Mr. Reiff's entitlement to vested benefits under any pension or 401(k401(x) plan or xxxx xx other ERISA-governed benefit plan provided by VarexVerilink. 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 that Xx. Xxxxxxx Mr. Reiff could make, if available, for unemployment or workers’ compensation, and the release also excludes any other claim which cannot be released by private agreement' comxxxxxxxxx.