Full and General Release. In consideration of the benefits to be provided by the Company to Executive pursuant to this Agreement, which Executive acknowledges and agrees are good and sufficient consideration, Executive, for Executive, Executive’s heirs, executors, legal representatives, administrators, successors and assigns, hereby fully releases and discharges, to the fullest extent permitted by applicable law, the Company, and all of the Company’s subsidiary and affiliate companies, as well as such entities’ respective officers, directors, trustees, employees, agents, predecessors, successors and assigns (collectively, the “Releasees”), of and from any and all claims, actions, lawsuits, damages, and/or demands of any kind whatsoever, whenever or wherever they arose, known and unknown, including any alleged violation of Title VII of the Civil Rights Act of 1964, Sections 1981 through 1988 of Title 42 of the United States Code, the Executive Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified benefit plan), the Age Discrimination in Employment Act, the Family Medical Leave Act, the Immigration Reform and Control Act, the Americans with Disabilities Act, the Workers Adjustment and Retraining Notification Act, the Fair Credit Reporting Act, the Xxxxxxxx-Xxxxx Act of 2002, the Occupational Safety and Health Act, the Genetic Information Non-Discrimination Act, the Pennsylvania Human Relations Act, the Pennsylvania Wage Payment and Collection Law, 43 P.S. §260.1 et seq., the Pennsylvania Equal Pay Law, 43 P.S. §336 et seq., all as amended; and any other federal, state or local law, rule, regulation, or ordinance; any and all state or local discrimination or wage payment laws, to the extent permitted by law; any public policy, contract, tort, defamation, constitutional or common law claims; and any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. The Parties expressly agree that this release is and shall continue to be enforceable regardless of whether there is any subsequent dispute between the Parties concerning any alleged breach of this Agreement.
Full and General Release. EMPLOYEE agrees to release and forever discharge EMPLOYER and the EMPLOYER Releasees from any and all Claims, including but not limited to, any Claims EMPLOYEE may have relating to EMPLOYEE’s employment with EMPLOYER; Claims for breach of an actual or implied contract; Claims under any severance pay plan or policy with or provided by EMPLOYER, including the Xxxxxx Xxxx, Inc. Executive Severance Plan; Claims of unjust or tortious discharge; Claims of negligence, intentional or negligent infliction of emotional distress, negligent hire/retention/supervision, or tortious interference with contract or business expectancy; Claims of defamation, libel, and/or slander; Claims under the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. as amended by the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) as amended by the American Recovery and Reinvestment Act of 2009 (“ARRA”), the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., the False Claims Act, 31 U.S.C. § 3729 et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., the Missouri Human Rights Act, Mo. REV. STAT. § 213.010 et seq., the Missouri Service Letter Statute, Mo. REV. STAT. § 290.140, the Missouri Wage Payment Act, Mo. REV. STAT. § 290.010 et seq., the Missouri Employment Security Act, Mo. REV. STAT. § 288.010 et seq., the Missouri Merchandising Practices Act, Mo. REV. STAT. § 407.913 et seq., the Missouri Equal Pay Law, Mo. REV. STAT. § 290.400 et seq., the Missouri Handicap Discrimination Statute, Mo. REV. STAT. § 209.150. Claims relating to EMPLOYEE’s application for hire, employment, or termination thereof; and any Claims which EMPLOYEE may have arising under or in connection with any and all local, state or federal ordinances, statutes, rules, regulations, executive orders or common law, up to and including the date of EMPLOYEE’s execution of this Agreement.
Full and General Release. In return for the considerations described herein, and except as otherwise expressly provided in this Agreement, effective as of the Effective Date, Executive releases, individually and collectively, each and every Employer Entity, their affiliates and their respective directors, officers, employees, agents, representatives and other persons acting on behalf of any of the Employer Entities (collectively referred to as the “Parties Released”) from any and all liabilities, demands, claims, damages, or suits of whatsoever nature that Executive may have against the Parties Released. Except as otherwise provided in this Agreement, and not by way of any limitation, Executive releases the Parties Released from all liabilities, damages, claims or suits of whatsoever nature that Executive may have against the Parties Released arising from or in any way related to his employment, any contract of employment, the termination of his employment, and service as a board member or as a shareholder, or in any other capacity with, any Employer Entity, including, but not limited to, any rights Executive may have with respect to a 2004 annual incentive bonus, and from any and all liabilities, demands, claims or suits that Executive may have against any of the Parties Released arising from any act occurring prior to the Effective Date, except that Executive does not release the Parties Released from Executive’s right as a stockholder to receive any consideration payable pursuant to the Merger Agreement. This is a full and general release of all known and unknown claims by the Executive, if any.
Full and General Release. You, on behalf of yourself and your agents, attorneys, heirs and assigns, hereby fully release and forever discharge, to the fullest extent permitted by applicable law, Premier and its parent company, subsidiaries and affiliated corporate entities, including but not limited to Premier Plans, LLC, as well as all of such entities’ respective present and former officers, directors, owners, shareholders, employees, agents, predecessors, successors and assigns, of and from any and all claims, actions, damages, penalties, fines, interest, attorneys’ fees, costs and demands of any kind whatsoever, whenever or wherever they arose, and whether under tort, contract, statute or otherwise. Without limiting the generality of the foregoing, this full and general release includes, but is not limited to, any claims that you have, may have, or may have had at the time of or prior to your execution of this Agreement arising under or related to your employment with or separation from Premier, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., the Older Workers Benefit Protection Act, or any other applicable federal, state or local statute, law, regulation or constitutional provision. Notwithstanding the preceding, this full and general release shall not: (a) include any claims related to the obligations of Premier under this Agreement; (b) affect any rights or claims that may arise out of events occurring after the date you sign this Agreement; (c) affect your vested and accrued rights as a participant in any Premier sponsored vested 401(k) or other vested retirement benefits; (d) affect your right to potential indemnification and/or defense as a prior officer and/or employee of Premier under its applicable certificates of incorporation, corporate bylaws or insurance plans or under applicable law; (e) affect your right to elect certain continued medical coverage under COBRA or the right to convert certain insurance coverage to a personal plan, as applicable; (f) affect any pending claim for workers’ compensations benefits; or (g) affect timely claims and submissions for legitimate business expenses owed to you by Premier, properly submitted as outlined in this Agreement.
Full and General Release. (a) In consideration of the payment and/or benefits referred to in Paragraph 2 above, Executive for himself and for his heirs, executors, and assigns (hereinafter collectively referred to as the “Releasors”), forever releases and discharges the Company and any and all of its parent corporations, subsidiaries, divisions, affiliated entities, predecessors, successors and assigns, and any and all of its or their employee benefit and/or pension plans or funds, and any of its or their past or present officers, directors, stockholders, agents, trustees, administrators, employees or assigns (whether acting as agents for such entities or in their individual capacities), (hereinafter collectively referred to as the “Releasees”), from any and all claims, demands, causes of action, fees and liabilities of any kind whatsoever (based upon any legal or equitable theory, whether contractual, common-law, statutory, decisional, federal, state, local or otherwise), whether known or unknown, which Releasors ever had, now have or may have against the Releasees by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of the world up to and including the Release Effective Date.
(b) Without limiting the generality of the foregoing subparagraph (a), this Agreement is intended to and shall release the Releasees from any and all claims arising out of Executive’s employment with Releasees and/or the termination of Executive’s employment, including but not limited to any claim(s) under or arising out of (i) Title VI of the Civil Rights Act of 1964, as amended; (ii) the Americans with Disabilities Act, as amended; (iii) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (excluding claims for accrued, vested benefits under any employee benefit plan of the Company in accordance with the terms of such plan and applicable law); (iv) the Age Discrimination in Employment Act, as amended, or the Older Workers Benefit Protection Act; (v) the California Fair Employment Practices and Housing Act; (vi) Section 806 of the Sarbanes Oxley Act of 2002; (vii) alleged discrimination or retaliation in employment (whether based on federal, state or local law, statutory or decisional); (viii) the terms and conditions of Executive’s employment with the Company, the termination of such employment, and/or any of the events relating directly or indirectly to or surrounding that termination; and (ix) any law (statut...
Full and General Release. Consultant, for Consultant, Consultant’s heirs, executors, legal representatives, administrators, successors and assigns, hereby fully releases and discharges, to the fullest extent permitted by applicable law, the Company and its affiliate companies, as well as such entities’ respective shareholders, officers, directors, members, managers, trustees, employees, agents, predecessors, successors and assigns (collectively, the “Company Releasees”), of and from any and all claims, actions, lawsuits, damages, and/or demands of any kind whatsoever, whenever or wherever they arose, including but not limited to any claims that Consultant has, may have or may have had arising from Consultant’s employment with or separation from the Company, any claims of discrimination, harassment, or unlawful employment practices, any claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or the Americans With Disabilities Act, and any and all other claims, whether under tort, contract, federal, state or local law, or otherwise. The Parties expressly agree that this release: (a) shall not affect Consultant’s rights under this Agreement, and (b) shall continue to be enforceable regardless of whether there is any subsequent dispute between the Parties concerning any alleged breach of this Agreement. Consultant also agrees to execute and not revoke release of claims in a form to be provided by the Company as a condition to the payment of the final Guaranteed Payment.
Full and General Release. Executive knowingly and voluntarily agrees to waive, settle, release and discharge the Company and all of its present or former subsidiaries and affiliates, parent or related entities, including but not limited to Rennova Health, Inc., Medytox Solutions, Inc., and all of their respective affiliates, predecessors, successors, limited partners, general partners, operating divisions, joint ventures and all related entities thereof, as well as their respective directors, officers, Executives, agents, attorneys, shareholders, managers, members and executive benefit plans and their fiduciaries and administrators (collectively the "Released Parties"), from any and all claims, demands, damages (compensatory or punitive), actions or causes of action, whether in tort or contract, at law or in equity, for intentional conduct, negligence, or in strict liability, including any claims for wages, salary, conditions, benefits, incentives, expenses, costs, attorneys fees, damages, compensation or remuneration which Executive has against any of them arising out of or relating to Executive's employment with the Company or the termination or any other change of status of Executive's employment with the Company, or otherwise, including but not limited to claims under the following statutes: the Age Discrimination in Employment Act ("ADEA"); the Older Workers Benefit Protection Act ("OWBPA"); Title VII of the Civil Rights Act of 1964, as amended 1991, 42 U.S.C. § 1981; the Americans with Disabilities Act ("ADA"); the Executive Retirement Income Security Act ("ERISA"); the Consolidated Omnibus Budget Reconciliation Act ("COBRA"); the Occupational Safety and Health Act ("OSHA"); the Fair Labor Standards Act ("FLSA"); the Family and Medical Leave Act ("FMLA"); the Equal Pay Act ("EPA"); the Worker Adjustment and Retraining Notification Act ("WARN"); the Immigration Reform and Control Act ("IRCA"); the Xxxxxxxx-Xxxxx Act; the Federal False Claims Act; the Internal Revenue Code; the National Labor Relations Act; and any and all other local, state and/or federal human or civil rights, wage-hour, pension or labor laws, rules, regulations and/or ordinances which relate to employment, discrimination, retaliation, or payment of wages or other compensation or otherwise.
Full and General Release. In consideration for the payments provided for in Paragraph 4, you unconditionally release and forever discharge Xxxxxxx Manufacturing Co., Inc., and any affiliate or subsidiary of Xxxxxxx Manufacturing Co., Inc. (all of whom are hereinafter referred to as the “Releasees”), from any and all claims, demands, actions, suits, causes of action, obligations, damages and liabilities of whatever kind or nature, based on any act, omission, event, occurrence, or nonoccurrence from the beginning of time to the date of execution of this Agreement, including, but not limited to, claims that arise out of or in any way relate to my employment or separation from employment with Xxxxxxx Manufacturing Co., Inc.. You acknowledge and agree that this general release includes, but is not limited to, any claims for wages, overtime, vacation, sick or holiday pay, premiums, and penalties, 401k vesting, profit sharing, co-payments for memorial counseling, travel or other business expenses, or any benefits under the Employee Retirement Income Security Act of 1974, as amended, claims of breach of implied or express employment contracts or covenants, defamation, wrongful termination, public policy violations, emotional distress and related matters, claims of discrimination or harassment under federal, state or local laws, and claims based on any federal, state or other governmental statute, regulation or ordinance, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans With Disabilities Act, the ADA Amendments Act, the Xxxxxxxxx Fair Pay Act, the Family and Medical Leave Act, and the Texas Labor Code, and any amendments to the foregoing. You expressly understand that among the various rights and claims being waived by you in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA”), as amended. Excluded from this Release are any claims or rights which cannot be waived by law.
Full and General Release. EMPLOYEE agrees to release and forever discharge EMPLOYER and the EMPLOYER Releasees from any and all Claims, including but not limited to, any Claims EMPLOYEE may have relating to EMPLOYEE’s employment with EMPLOYER and the termination of such employment; Claims for breach of an actual or implied contract (including under the Employment Agreement); Claims under any severance agreement or severance pay plan or policy with or provided by EMPLOYER; Claims of unjust or tortious discharge; Claims of negligence, intentional or negligent infliction of emotional distress, negligent hire/retention/supervision, or tortious interference with contract or business expectancy; Claims of defamation, libel, and/or slander; Claims under the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., the Americans with
Full and General Release. Agreement Not to Sue: The Applicant hereby fully releases and discharges forever (and agrees not to sue) the Town its residents, officers, trustees, directors, employees and consultants (collectively the “Releasees”) from and for any and all liability and claims related to any loss, injury or damage that may be sustained by the Applicant or its officers, trustees, directors, employees, consultants, contractors or invitees, including loss of life, personal injury or property damage caused by the negligence, intentional or unintentional acts of the Applicant its officers, trustees, directors, employees, consultants, contractors or invitees while participating in the Activity. Notwithstanding the foregoing release, nothing in this Agreement shall be interpreted to release the Releasees for any acts or omissions by the Releasees which constitute gross negligence, willful and intentional wrongdoing or criminal conduct. To the extent that the Activity involves property owned or maintained by the Town, the Applicant accepts the use of said property in an “as is” condition without representation or warranty of any kind by the Town, including without limitation, the suitability or safety of said property or any facilities on the property, for the Applicant’s use. The Applicant, at its own expense, shall obtain such permission or other approvals from any third-parties with existing rights to such property as may be necessary to make use of said property in the manner contemplated hereby.
