Common use of General Release Agreement Clause in Contracts

General Release Agreement. FOR AND IN CONSIDERATION OF certain separation benefits set forth in the Separation and Release Agreement dated August 8, 2008 between Conexant Systems, Inc. (the “Company”) and me (the “Separation Agreement”), as amended, I, Xxxxx X. Xxxxxxxx, agree, on behalf of myself, my heirs, executors, administrators, and assigns, to release and discharge the Company and its current and former officers, directors, employees, agents, owners, subsidiaries, predecessors, divisions, parents, successors, and assigns (the “Company Released Parties”) from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, charges, claims, and demands whatsoever (“Losses”) which I, my heirs, executors, administrators, and assigns have, or may hereafter have, against the Company Released Parties or any of them arising out of or by reason of any cause, matter, or thing whatsoever from the beginning of the world to the date hereof, including without limitation, my employment by the Company and the cessation thereof, any predecessor employment agreements including without limitation the Employment Agreement entered into between me and the Company dated February 27, 2004, the Employment Agreement entered into between me and the Company date December 15, 1998, the retention agreement entered into between me and the Company in June 2007, all matters arising under any federal, state, or local statute, rule, or regulation, or principle of contract law or common law, including but not limited to, the Worker Adjustment and Retraining Notification Act of 1988, as amended, 29 U.S.C. §§ 2101 et seq., the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq., the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601 et seq., Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (the “ADEA”), the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., the National Labor Relations Act of 1935, as amended, 29 U.S.C. §§ 151 et seq., the California Fair Employment and Housing Act, as amended, Cal. Gov’t Code §§ 12900 et seq., the New Jersey Law Against Discrimination, as amended, N.J.

Appears in 1 contract

Samples: Letter Agreement (Conexant Systems Inc)

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General Release Agreement. FOR AND IN CONSIDERATION OF certain separation For and in consideration of the payment and benefits set forth in the Retention and Separation Agreement entered into on September ___, 2007, and Release Agreement dated August 8other good and valuable consideration, 2008 between Conexant Systemsthe receipt and sufficiency of which are hereby acknowledged, Inc. Rxx Xxxxx (“Employee”) hereby releases, acquits, and forever discharges Proserpine, LLC (the “Company”) and me (the “Separation Agreement”)all of its parents, as amendedsubsidiaries, Ipartners, Xxxxx X. Xxxxxxxxjoint venturers, agreeaffiliated entities, on behalf of myselfowners, my heirsshareholders, executorsbenefit plans, administratorsfiduciaries, and assignsplan sponsors, to release and discharge the Company and its current and former each of their officers, directors, employees, representatives, and agents, owners, subsidiaries, predecessors, divisions, parents, successors, and all successors and assigns thereof (the “Company Released PartiesReleasees) ), from any and all manner of actions and claims, charges, complaints, demands, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, entitlements, costs, losses, debts, duesand expenses (including attorneys’ fees and legal expenses), accountsof any nature whatsoever, bondsknown or unknown, covenantswhich Employee now has, contracts, agreements, judgments, charges, claims, and demands whatsoever (“Losses”) which I, my heirs, executors, administrators, and assigns havehad, or may hereafter have, claim to have had against the Company Released Parties or any of them arising out of or by reason Company, of any causekind or nature whatsoever, matterarising from any act, omission, transaction, occurrence, or thing whatsoever from the beginning of the world event which has occurred or is alleged to have occurred up to the date hereofthis General Release Agreement is executed by Employee. This release includes, including without limitation, my employment by the Company and the cessation thereof, any predecessor employment agreements including without limitation the Employment Agreement entered into between me and the Company dated February 27, 2004, the Employment Agreement entered into between me and the Company date December 15, 1998, the retention agreement entered into between me and the Company in June 2007, all matters arising under any federal, state, or local statute, rule, or regulation, or principle of contract law or common law, including but is not limited to, a knowing and voluntary waiver of all claims relating in any way to Employee’s employment with the Worker Adjustment Company or the conclusion of that employment, whether such claims are now known or are later discovered. The claims knowingly and Retraining Notification Act of 1988voluntarily waived by Employee include, as amendedbut are not limited to, 29 U.S.C. §§ 2101 et seq., the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq., the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601 et seq., claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq.1981, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (the “ADEA”)Act, the Americans with Disabilities Fair Labor Standards Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq.or any other federal or state wage and hour law, the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., the National Labor Relations Act of 1935, as amended, 29 U.S.C. §§ 151 et seq., the California Fair Employment and Housing Act, breach of contract, infliction of emotional distress, any other federal or state law pertaining to employment or employment benefits, and any other claims of any kind based on any contract, tort, ordinance, regulation, statute, or constitution based on any act, omission, transaction, occurrence, or event which has occurred or is alleged to have occurred up to the date this General Release Agreement is executed by Employee; provided, however, that nothing in this General Release Agreement shall be interpreted to release any claims which Employee may have for workers’ compensation benefits. In addition to the other acknowledgments in this General Release Agreement, Employee acknowledges that this General Release Agreement may be pled as amendeda complete defense and shall constitute a full and final bar to any claim for damages or other relief based on any matters released herein. Employee does not waive any claims which arise from acts occurring after the date that Employee signs this General Release Agreement. Also included among the claims knowingly and voluntarily waived and released by Employee above are any claims under the Age Discrimination in Employment Act (“ADEA”). Employee acknowledges that the Company provided Employee with a copy of the General Release Agreement in advance of his execution of the General Release Agreement and advised him by means of this written General Release Agreement: (a) to consult with an attorney of Employee’s choosing prior to executing the General Release Agreement; (b) that Employee has a period of forty-five (45) days to review and consider the General Release Agreement before executing it; (c) that this General Release Agreement will not become effective or enforceable until the expiration of seven (7) days after the date Employee executes it, Caland (d) that Employee may revoke it by providing written notice personally delivered or deposited in the U.S. Mail, postage prepaid, certified or registered mail, return receipt requested addressed as follows: Mx. Gov’t Code §§ 12900 et seq.Xxxx Xxxxx, Luminent Mortgage Capital, Inc., Oxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000-0000. Unless Employee provides written notice of such revocation, this General Release Agreement will become effective and irrevocable upon the New Jersey Law Against Discrimination, as amended, N.J.expiration of that seven (7) day period. ACCEPTED AND AGREED: Rxx Xxxxx Date

Appears in 1 contract

Samples: Retention and Separation Agreement (Luminent Mortgage Capital Inc)

General Release Agreement. FOR AND IN CONSIDERATION OF certain separation benefits set forth in the Amendment to Employment Agreement and Separation and Release Agreement dated August 8October 2, 2008 2007 between Conexant Systems, Inc. (the “Company”) and me (the “Separation Agreement”), as amended, I, Xxxxx Dxxxxx X. XxxxxxxxX’Xxxxxx, agree, on behalf of myself, my heirs, executors, administrators, and assigns, to release and discharge the Company and its current and former officers, directors, employees, agents, owners, subsidiaries, predecessors, divisions, parents, successors, and assigns (the “Company Released Parties”) from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, charges, claims, and demands whatsoever (“Losses”) which I, my heirs, executors, administrators, and assigns have, or may hereafter have, against the Company Released Parties or any of them arising out of or by reason of any cause, matter, or thing whatsoever from the beginning of the world to the date hereof, including without limitation, my employment by the Company and the cessation thereof, any predecessor employment agreements including without limitation the Employment Agreement entered into between me and the Company dated February 27, 2004, the Employment Agreement entered into between me and the Company date December 15, 1998, the retention agreement entered into between me and the Company in June 2007agreements, all matters arising under any federal, state, or local statute, rule, or regulation, or principle of contract law or common law, including but not limited to, the Worker Adjustment and Retraining Notification Act of 1988, as amended, 29 U.S.C. §§ 2101 et seq., the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq., the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601 et seq., Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (the “ADEA”), the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., the National Labor Relations Act of 1935, as amended, 29 U.S.C. §§ 151 et seq., the California Fair Employment and Housing Act, as amended, Cal. Gov’t Code §§ 12900 et seq., and any other equivalent federal, state, or local statute; provided, however, that I do not release or discharge the New Jersey Law Against DiscriminationCompany Released Parties (i) from any Losses arising under the ADEA which arise after the date on which I execute this General Release, (ii) from any claims for benefits in which I am vested that I may have under the terms of any of the Company’s benefit plans applicable to me, (iii) from any claims for a breach by the Company of its obligations under the Separation Agreement, or any right I may have to enforce the terms of such agreement, or (iv) any rights to indemnification or directors and officers liability insurance to which I may be entitled. It is understood that nothing in this General Release is to be construed as amendedan admission on behalf of the Company Released Parties of any wrongdoing with respect to me, N.J.any such wrongdoing being expressly denied. I represent and warrant that I fully understand the terms of this General Release, that I have had the benefit of advice of counsel or have knowingly waived such advice, and that I knowingly and voluntarily, of my own free will, without any duress, being fully informed, and after due deliberation, accepts its terms and sign the same as my own free act. I understand that as a result of executing this General Release, I will not have the right to assert that the Company violated any of my rights in connection with my employment or with the termination of such employment. I acknowledge that I am familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know of or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I hereby waive and relinquish any rights and benefits which I have or may have under Section 1542 of the Civil Code of the State of California, to the full extent permitted by law. I affirm that I have not filed, and agree, to the maximum extent permitted by law, not to initiate or cause to be initiated on my behalf, any complaint, charge, claim, or proceeding against the Company Released Parties before any federal, state, or local agency, court, or other body relating to my employment or the cessation thereof, and agree not to voluntarily participate in such a proceeding. However, nothing in this General Release will preclude or prevent me from filing a claim with the Equal Employment Opportunity Commission that challenges the validity of this General Release solely with respect to my waiver of any Losses arising under the ADEA on or before the date on which I execute this General Release. I acknowledge that I have twenty-one (21) days in which to consider whether to execute this General Release. I understand that such 21-day consideration period may be waived by me and that I may execute this General Release before the expiration of such consideration period. I understand that upon my execution of this General Release, I will have seven (7) days after such execution in which I may revoke my execution of this General Release. In the event of revocation, I must present written notice of such revocation to Mxxxxxx X. Xxxxxx at the Company, 4000 XxxXxxxxx Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxx Xxxxx, XX 00000, Fax (900-000-0000). If seven (7) days pass without Mx. Xxxxxx’x receipt of such written notice of revocation, this General Release will become binding and effective on the eighth day (the "Effective Date"). This General Release will be governed by the laws of the State of California without giving effect to its conflict of laws principles. Dxxxxx X. X’Xxxxxx Date

Appears in 1 contract

Samples: Separation and Release Agreement (Conexant Systems Inc)

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General Release Agreement. FOR AND IN CONSIDERATION OF certain separation benefits set forth in the Separation and Release Agreement dated August 8April 25, 2008 between Conexant Systems, Inc. (the “Company”) and me (the “Separation Agreement”), as amended, I, Xxxxx X. XxxxxxxxDxxxxx Xxxxxx, agree, on behalf of myself, my heirs, executors, administrators, and assigns, to release and discharge the Company and its current and former officers, directors, employees, agents, owners, subsidiaries, predecessors, divisions, parents, successors, and assigns (the “Company Released Parties”) from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, charges, claims, and demands whatsoever (“Losses”) which I, my heirs, executors, administrators, and assigns have, or may hereafter have, against the Company Released Parties or any of them arising out of or by reason of any cause, matter, or thing whatsoever from the beginning of the world to the date hereof, including without limitation, my employment by the Company and the cessation thereof, any predecessor employment agreements including without limitation the Employment Agreement entered into between me and the Company dated February 27, 2004, the Employment Agreement entered into between me and the Company date December 15, 1998, the retention agreement entered into between me and the Company in June 2007and/or relocation agreements, all matters arising under any federal, state, or local statute, rule, or regulation, or principle of contract law or common law, including but not limited to, the Worker Adjustment and Retraining Notification Act of 1988, as amended, 29 U.S.C. §§ 2101 et seq., the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq., the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601 et seq., Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (the “ADEA”), the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., the National Labor Relations Act of 1935, as amended, 29 U.S.C. §§ 151 et seq., the California Fair Employment and Housing Act, as amended, Cal. Gov’t Code §§ 12900 et seq., and any other equivalent federal, state, or local statute; provided, however, that I do not release or discharge the New Jersey Law Against DiscriminationCompany Released Parties (i) from any Losses arising under the ADEA which arise after the date on which I execute this General Release, (ii) from any claims for benefits in which I am vested that I may have under the terms of any of the Company’s benefit plans applicable to me, (iii) from any claims for a breach by the Company of its obligations under the Separation Agreement, or any right I may have to enforce the terms of such agreement, or (iv) any rights to indemnification or directors and officers liability insurance to which I may be entitled. It is understood that nothing in this General Release is to be construed as amendedan admission on behalf of the Company Released Parties of any wrongdoing with respect to me, N.J.any such wrongdoing being expressly denied. I represent and warrant that I fully understand the terms of this General Release, that I have had the benefit of advice of counsel or have knowingly waived such advice, and that I knowingly and voluntarily, of my own free will, without any duress, being fully informed, and after due deliberation, accepts its terms and sign the same as my own free act. I understand that as a result of executing this General Release, I will not have the right to assert that the Company violated any of my rights in connection with my employment or with the termination of such employment. I acknowledge that I am familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know of or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I hereby waive and relinquish any rights and benefits which I have or may have under Section 1542 of the Civil Code of the State of California, to the full extent permitted by law. I affirm that I have not filed, and agree, to the maximum extent permitted by law, not to initiate or cause to be initiated on my behalf, any complaint, charge, claim, or proceeding against the Company Released Parties before any federal, state, or local agency, court, or other body relating to my employment or the cessation thereof, and agree not to voluntarily participate in such a proceeding. However, nothing in this General Release will preclude or prevent me from filing a claim with the Equal Employment Opportunity Commission that challenges the validity of this General Release solely with respect to my waiver of any Losses arising under the ADEA on or before the date on which I execute this General Release. I acknowledge that I have twenty-one (21) days in which to consider whether to execute this General Release. I understand that such 21-day consideration period may be waived by me and that I may execute this General Release before the expiration of such consideration period. I understand that upon my execution of this General Release, I will have seven (7) days after such execution in which I may revoke my execution of this General Release. In the event of revocation, I must present written notice of such revocation to Mxxxxxx X. Xxxxxx at the Company, 4000 XxxXxxxxx Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxx Xxxxx, XX 00000, Fax (900-000-0000). After seven (7) days pass without Mx. Xxxxxx’x receipt of a written notice of revocation, this General Release will become binding and effective on the eighth day (the “Effective Date”). This General Release will be governed by the laws of the State of Texas without giving effect to its conflict of laws principles. Dxxxxx Xxxxxx Date

Appears in 1 contract

Samples: Letter Agreement (Conexant Systems Inc)

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