Common use of Full and General Release of Liability Clause in Contracts

Full and General Release of Liability. Employee hereby releases and waives any and all claims, demands, or causes of action (collectively, “claims”) known or unknown, suspected or unsuspected, that, as of the date on which Employee signs this Agreement, Employee has or could have against the Company, its Board of Directors, and all of the Company’s current and past directors, officers, insurers, attorneys, fiduciaries, current and former employees, agents, successors, assigns, subsidiary and parent companies, and all other entities affiliated or related to it, without limitation, exception, or reservation (collectively, the “Released Parties”). Employee understands that Employee is releasing the Company and the other Released Parties, to the maximum extent permitted by law, from any liability which the Company or the other Released Parties may have or may have had to Employee, at any time up to and including the date Employee signs this Agreement. This release includes a waiver (a giving up) of any legal rights or claims Employee may have or may have had of any kind whatsoever, including but not limited to claims of race, color, national origin, sex or gender, age, religion, disability, genetic information, or other protected class discrimination, harassment, or retaliation, arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Civil Rights Act of 1866 (Section 1981), the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the Genetic Information Nondiscrimination Act of 2008, any applicable federal, state, or local anti-discrimination statute or law, regulation, or ordinance, including but not limited to the Tennessee Fair Employment Practices Law, Tenn. Code Xxx. § 4-21-407(b), any violation of the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act of 1993, the federal and/or state Constitution, all claims arising under Company policy or practice, and all claims arising under any other federal, state, or local statute, regulation, or the common law, including any and all claims in tort or contract, to the maximum extent permitted by law. Notwithstanding anything to the contrary stated above or in this Agreement, Employee’s full and general release provided herein: (i) shall not be deemed to release Employee’s rights to indemnification and other rights that Employee has by virtue of that certain Indemnification Agreement between the Company and Employee dated November 3, 1993 and that certain Indemnification Agreement between CBL & Associates Properties, Inc. and Employee dated November 3, 1993 (a copy of each such Indemnification Agreement is attached hereto as Exhibit B); (ii) shall not be deemed to release any rights of Employee that Employee has solely by virtue of being a shareholder of CBL & Associates Properties, Inc.; (iii) shall not be deemed to release any rights of Employee that Employee has to be reimbursed, pursuant to the policies and procedures of the Company, for Employee’s travel expenses and other out of pocket costs as to such matters that Employee has paid or incurred that are supported by verified invoices or other evidence that Employee has presented to Company showing that Employee has paid or incurred such expenses and Employee’s rights to such reimbursement shall not be denied simply because such travel expenses and/or out of pocket costs may have been incurred more than one year prior to this Agreement; and (iv) shall not be deemed to release any rights of Employee that Employee has solely by virtue of Employee’s ownership of a limited partner interest in those certain limited partnerships identified on Exhibit C and Employee shall retain such interests following the termination of Employee’s employment with the Company.

Appears in 1 contract

Samples: Separation and General Release Agreement (CBL & Associates Properties Inc)

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Full and General Release of Liability. Employee hereby releases and waives any and all claims, demands, or causes of action (collectively, “claims”) known or unknown, suspected or unsuspected, that, as of the date on which Employee signs this Agreement, Employee has or could have against the Company, its Board of Directors, and all of the Company’s current and past directors, officers, insurers, attorneys, fiduciaries, current and former employees, agents, successors, assigns, subsidiary and parent companies, and all other entities affiliated or related to it, without limitation, exception, or reservation (collectively, the “Released Parties”). Employee understands that Employee is releasing the Company and the other Released Parties, to the maximum extent permitted by law, from any liability which the Company or the other Released Parties may have or may have had to Employee, at any time up to and including the date Employee signs this Agreement. This release includes a waiver (a giving up) of any legal rights or claims Employee may have or may have had of any kind whatsoever, including but not limited to claims of race, color, national origin, sex or gender, age, religion, disability, genetic information, or other protected class discrimination, harassment, or retaliation, arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Civil Rights Act of 1866 (Section 1981), the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the Genetic Information Nondiscrimination Act of 2008, any applicable federal, state, or local anti-discrimination statute or law, regulation, or ordinance, including but not limited to the Tennessee Fair Employment Practices Law, Tenn. Code Xxx. § 4-21-407(b), any violation of the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act of 1993, the federal and/or state Constitution, all claims arising under Company policy or practice, and all claims arising under any other federal, state, or local statute, regulation, or the common law, including any and all claims in tort or contract, to the maximum extent permitted by law. Notwithstanding anything to the contrary stated above or in this Agreement, Employee’s full and general release provided herein: (i) shall not be deemed to release Employee’s rights to indemnification and other rights that Employee has by virtue of that certain Indemnification Agreement between the Company and Employee dated November 3, 1993 and that certain Indemnification Agreement between CBL & Associates Properties, Inc. and Employee dated November 3, 1993 (a copy of each such Indemnification Agreement is attached hereto as Exhibit B), nor shall such be deemed to release Employee’s rights to the Tier II Retiree Benefits per the Company’s Retiree Benefits Policy; (ii) shall not be deemed to release any rights of Employee that Employee has solely by virtue of being a shareholder of CBL & Associates Properties, Inc.; (iii) shall not be deemed to release any rights of Employee that Employee has to be reimbursed, pursuant to the policies and procedures of the Company, for Employee’s travel expenses and other out of pocket costs as to such matters that Employee has paid or incurred that are supported by verified invoices or other evidence that Employee has presented to Company showing that Employee has paid or incurred such expenses and Employee’s rights to such reimbursement shall not be denied simply because such travel expenses and/or out of pocket costs may have been incurred more than one year prior to this Agreement; and (iv) shall not be deemed to release any rights of Employee that Employee has solely by virtue of Employee’s ownership of a limited partner interest in those certain limited partnerships identified on Exhibit C and Employee shall retain such interests following the termination of Employee’s employment with the Company.

Appears in 1 contract

Samples: Separation and General Release Agreement (CBL & Associates Properties Inc)

Full and General Release of Liability. Employee Executive hereby releases Company and waives its officers, directors, employees, agents, insurers, successors, parents, subsidiaries, partnerships, joint ventures, and all affiliated companies (the "Released Parties") from any and all claimsclaims and demands of any kind, demands, or causes of action (collectively, “claims”) known or unknown, suspected which he may have against Company or unsuspected, that, any of the Released Parties as of the date on which Employee he signs this Agreement, Employee has or could which he may have against had at any time before the Company, its Board date of Directors, signing. Executive understands that he is releasing Company and all of the Company’s current and past directors, officers, insurers, attorneys, fiduciaries, current and former employees, agents, successors, assigns, subsidiary and parent companies, and all other entities affiliated or related to it, without limitation, exception, or reservation (collectively, the “Released Parties”). Employee understands that Employee is releasing the Company and the other Released Parties, to the maximum extent permitted permissible by law, from any liability which the Executive believes Company or any of the other Released Parties may have or may have had to Employeehim, at any time up to and including the date Employee he signs this Agreement. This release includes a waiver (a giving upup of) of any legal rights or claims Employee Executive may have or may have had of any kind whatsoeverhad, including but not limited to claims of race, color, national origin, sex or gender, age, religion, disability, genetic information, or other protected class disability discrimination, harassment, or retaliation, arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Civil Rights Act of 1866 (Section 1981), the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the Genetic Information Nondiscrimination Act of 2008, any applicable federal, state, or local anti-discrimination statute or law, regulation, or ordinance, including but not limited to the Tennessee Fair Employment Practices Law, Tenn. Code Xxx. § 4-21-407(b), any violation of the Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, the Family and Medical Leave Act of 1993, the federal and/or state ConstitutionMissouri Service Letter Statute, all claims arising under Company policy or practicethe Missouri Human Rights Act, the Texas Employment Discrimination Law, the Employment Agreement, and all claims arising under any other federal, state, state or local statute, regulation, or the common lawlaw of any state, including but not limited to any and all claims in tort or contract, to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary stated above or , except as otherwise specifically provided in this Agreement, Employee’s full and general . This release provided herein: (i) shall not be deemed preclude Executive from being indemnified by Company with respect to release Employee’s rights to indemnification his acts or omissions on behalf of Company during his employment by Company. Company hereby releases Executive from any and other rights that Employee has by virtue all claims and demands of that certain Indemnification Agreement between any kind, known or unknown, which Company may have had against Executive as of the date Company and Employee dated November 3signs this Agreement, 1993 and that certain Indemnification Agreement between CBL & Associates Propertiesor which Company may have had at any time before the date of signing, Inc. and Employee dated November 3, 1993 (a copy of each such Indemnification Agreement is attached hereto as Exhibit B); (ii) shall not be deemed to release any rights of Employee that Employee has solely by virtue of being a shareholder of CBL & Associates Properties, Inc.; (iii) shall not be deemed to release any rights of Employee that Employee has to be reimbursed, pursuant to the policies and procedures of the Company, for Employee’s travel expenses and other out of pocket costs as to such matters that Employee has paid or incurred that are supported maximum extent permitted by verified invoices or other evidence that Employee has presented to Company showing that Employee has paid or incurred such expenses and Employee’s rights to such reimbursement shall not be denied simply because such travel expenses and/or out of pocket costs may have been incurred more than one year prior to this Agreement; and (iv) shall not be deemed to release any rights of Employee that Employee has solely by virtue of Employee’s ownership of a limited partner interest in those certain limited partnerships identified on Exhibit C and Employee shall retain such interests following the termination of Employee’s employment with the Companyapplicable law.

Appears in 1 contract

Samples: Severance Agreement (Worldpages Com Inc)

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Full and General Release of Liability. Employee Xxxxxx hereby forever waives, releases and waives any and all claims, demands, or causes of action (collectively, “claims”) known or unknown, suspected or unsuspected, that, as of forever discharges the date on which Employee signs this Agreement, Employee has or could have against the Company, its Board of Directors, Company and all of the Company’s its current and past insurers, attorneys, directors, officers, insurers, attorneys, fiduciaries, current and former trustees, employees, agents, successors, assigns, subsidiary and parent companiesemployees, contractors, and all other entities affiliated with or related to it, without limitation, exception, or reservation (collectively“Affiliates”), from any and all liability, actions, claims, demands, or lawsuits which Xxxxxx xxx have had, presently has, or in the future may have, through the Effective Date, in connection with or arising out of his employment with, or his separation from, the Company (including, but not limited to, the Employment Agreement), other than for breach of this Agreement. This release applies to any and all claims against the Company, known or unknown, arising under contract or under federal, state, or local statutory or common (including civil tort) law, which have been asserted or which could have asserted including, but not limited to, any and all claims under Title VII of the Civil Rights Act of 1964 (as amended), the Civil Rights Act of 1991, 42 U.S.C. § 1981, 42 U.S.C. § 1983, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family Medical Leave Act, the Employment Retirement Income Security Act (Released PartiesERISA”). Employee understands that Employee is releasing , the Company Consolidated Omnibus Budget Reconciliation Act (“COBRA”) (except as otherwise provided in this Agreement), any other state statute, any state common law, including, but not limited to, any cause of action for wrongful termination, breach of contract, and the any other Released Partiesfederal, state, or local laws, including common law, to the maximum extent permitted by law, from any liability which the Company without limitation or the exception, other Released Parties may have or may have had to Employee, at any time up to and including the date Employee signs than for breach of this Agreement. This It is understood and agreed that this is a full and final release includes a waiver (a giving up) of any legal rights covering all known or unknown, undisclosed and unanticipated losses, wrongs, injuries, debts, bonuses, profit sharing, claims Employee or damages to Xxxxxx which may have arisen, or may have had arise from any act or omission prior to the date of any kind whatsoeverexecution of this Agreement arising out of or related, including but not limited directly or indirectly, to claims of race, color, national origin, sex or gender, age, religion, disability, genetic informationXxxxxx’ employment, or other protected class discrimination, harassment, or retaliation, arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Civil Rights Act of 1866 (Section 1981), the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the Genetic Information Nondiscrimination Act of 2008, any applicable federal, state, or local anti-discrimination statute or law, regulation, or ordinance, including but not limited to the Tennessee Fair Employment Practices Law, Tenn. Code Xxx. § 4-21-407(b), any violation of the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act of 1993, the federal and/or state Constitution, all claims arising under Company policy or practice, and all claims arising under any other federal, state, or local statute, regulation, or the common law, including any and all claims in tort or contract, to the maximum extent permitted by law. Notwithstanding anything to the contrary stated above or in this Agreement, Employee’s full and general release provided herein: (i) shall not be deemed to release Employee’s rights to indemnification and other rights that Employee has by virtue of that certain Indemnification Agreement between the Company and Employee dated November 3, 1993 and that certain Indemnification Agreement between CBL & Associates Properties, Inc. and Employee dated November 3, 1993 (a copy of each such Indemnification Agreement is attached hereto as Exhibit B); (ii) shall not be deemed to release any rights of Employee that Employee has solely by virtue of being a shareholder of CBL & Associates Properties, Inc.; (iii) shall not be deemed to release any rights of Employee that Employee has to be reimbursed, pursuant to the policies and procedures of the Company, for Employee’s travel expenses and other out of pocket costs as to such matters that Employee has paid or incurred that are supported by verified invoices or other evidence that Employee has presented to Company showing that Employee has paid or incurred such expenses and Employee’s rights to such reimbursement shall not be denied simply because such travel expenses and/or out of pocket costs may have been incurred more than one year prior to this Agreement; and (iv) shall not be deemed to release any rights of Employee that Employee has solely by virtue of Employee’s ownership of a limited partner interest in those certain limited partnerships identified on Exhibit C and Employee shall retain such interests following the termination of Employee’s separation from employment with the Company, or to any personal or professional relationship between Xxxxxx and/or the employees, agents, representatives, and Affiliates of the Company during Xxxxxx’ employment with the Company, as well as those alleged losses, wrongs, injuries, debts, claims or damages now known or disclosed which have arisen, or may arise as a result of any act or omission.

Appears in 1 contract

Samples: Settlement Agreement (United American Healthcare Corp)

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