Common use of General Release and Covenant Not to Sue Clause in Contracts

General Release and Covenant Not to Sue. (a) Employee (for Employee’s self and Employee’s heirs, administrators, executors, agents and assigns) does hereby fully and forever release, waive, discharge and covenant not to sue the Company or any related or affiliated entity, or its or their respective current or former parent entities, officers, employees, directors, insurers, agents, attorneys, benefit plans, and assigns, and any predecessors or successors of the foregoing (collectively, the “Released Parties”), with respect to any and all claims, assertions of claims, debts, demands, actions, suits, expenses, attorneys’ fees, costs, damages and/or liabilities of any nature, type and description, known or unknown, at law or in equity, arising out of any fact or matter in any way connected with Employee’s employment with the Company, the separation thereof, or any other related matter arising before the effective date of this Agreement. This release shall include but is not limited to any rights or claims under federal, state or local law (whether arising from statute, executive order, regulation, code, or constitution, or other source), including but not limited to claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, the Fair Labor Standards Act (to the extent subject to a waiver of this sort), the Equal Pay Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act, the National Labor Relations Act, the Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008, the Occupational Safety and Health Act (“OSHA”), the Rehabilitation Act of 1973, the Workers Adjustment Retraining and Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Fair Credit Reporting Act, the anti-retaliation provisions of the Corporate and Criminal Fraud Accountability Act of 2002 (also known as the Xxxxxxxx-Xxxxx Act and the Xxxx-Xxxxx Xxxx Street Report Consumer Protection Act), Cal-OSHA, the California Fair Employment & Housing Act, the California Labor Code, the California Government Code, the California Family Rights Act, the California Civil Code, the California Business & Professions Code, each as amended, rights to rehire and reemployment, and any and all common law claims, including claims sounding in tort or contract, claims for compensation, benefits, equity, or other remuneration or attorneys’ fees, costs or disbursements, claims for physical or emotional distress or injuries, claims for discrimination, harassment, retaliation, failure to accommodate, violation of public policy, breach of express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation or misrepresentation, and any claims arising under any other duty or obligation of any kind or description, whether arising in law or equity, which can lawfully be released under federal, state, or local law. The foregoing is a non-exhaustive list, and this release is intended to cover all claims that may be lawfully waived by agreement, including those not specifically listed. The parties agree and acknowledge that the payments made pursuant to this Agreement are not related to sexual harassment.

General Release and Covenant Not to Sue. (a) Employee (for Employee’s self and Employee’s heirs, administrators, executors, agents and assigns) does The Executive hereby fully and forever release, waive, discharge and covenant not to sue releases the Company or any related or affiliated entityand all of its past, or present, and future affiliates, and its or and their respective current or former parent entitiesofficers, officersdirectors, shareholders, members, employees, directors, insurers, agents, attorneys, benefit plans, successors and assigns, and any predecessors or successors of the foregoing assigns (collectively, collectively referred to herein as the “Released PartiesReleasees”), with respect to jointly and severally, from any and all claims, assertions of claims, debts, demands, actions, suits, expenses, attorneys’ fees, costs, damages and/or liabilities of any nature, type and description, known or unknown, at law which the Executive or in equitythe Executive’s heirs, successors or assigns have or may have against any Releasee arising out on or prior to the Termination Date and any and all liability which any such Releasee may have to the Executive, whether denominated claims, demands, causes of action, obligations, damages or liabilities arising from any fact and all bases, however denominated, including but not limited to claims for wrongful discharge, accrued bonus or matter in any way connected with Employee’s employment with the Companyincentive pay, sexual harassment, the separation thereofAge Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the United States Civil Rights Act of 1964, 42 U.S.C. § 1981, the Corporate Fraud and Criminal Fraud Accountability Act of 2002, and Sections 922(h)(1) and 1057 of the Dxxx-Xxxxx Act, Workers Adjustment and Retraining Notification Act, the New York Human Rights Law, including New York Executive Law § 296, § 8-107 of the Administrative Code and Charter of New York City or any other related matter arising before the effective date of this Agreementfederal, state, or local law. This release shall include but is not limited to for any rights or claims under federal, state or local law (whether arising from statute, executive order, regulation, code, or constitution, or other source)and all claims, including but not limited to claims arising under Title VII from and during the Executive’s employment relationship with Releasees or as a result of the Civil Rights Act termination of 1964such relationship. Notwithstanding any provision contained in this Release Agreement, as amendedthis release is not intended to interfere with the Executive’s right to file a charge with a governmental agency, Section 1981 of the Civil Rights Act of 1866, the Fair Labor Standards Act (including but not limited to the extent subject to a waiver of this sort), the Equal Pay Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act, the National Labor Relations Act, the Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008, the Occupational Safety and Health Act (“OSHA”), the Rehabilitation Act of 1973, the Workers Adjustment Retraining and Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Fair Credit Reporting Act, the anti-retaliation provisions of the Corporate and Criminal Fraud Accountability Act of 2002 (also known as the Xxxxxxxx-Xxxxx Act and the Xxxx-Xxxxx Xxxx Street Report Consumer Protection Act), Cal-OSHA, the California Fair Employment & Housing Act, the California Labor Code, the California Government Code, the California Family Rights Act, the California Civil Code, the California Business & Professions Code, each as amended, rights to rehire and reemployment, and equal employment opportunity commission or any and all common law claims, including claims sounding in tort state or contract, claims for compensation, benefits, equitylocal fair employment practices agency, or other remuneration governmental regulatory agency or attorneys’ feesself-regulatory organization. However, costs by executing this Release Agreement, the Executive hereby waives the right to recover any relief in connection with any proceeding brought before such governmental agency or disbursementsself-regulatory organization. This release is for any relief, claims for physical no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or emotional distress punitive damages. The Executive relinquishes any right to future employment with the Company or injuries, claims for discrimination, harassment, retaliation, failure to accommodate, violation any of public policy, breach of express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation or misrepresentationthe Releasees, and agrees not to seek future re-employment with the Company or any claims arising under of the Releasees. The Executive acknowledges that the Company shall have the right to refuse to re-employ the Executive without liability of the Company or any other duty or of the Releasees. This release shall not apply to any obligation of any kind or description, whether arising in law or equity, which can lawfully be released under federal, state, or local law. The foregoing is a non-exhaustive list, and this release is intended to cover all claims that may be lawfully waived by agreement, including those not specifically listed. The parties agree and acknowledge that the payments made Company pursuant to this Agreement are not related to sexual harassmentthe Severance Protection Agreement.

General Release and Covenant Not to Sue. (a) Employee (for Employee’s self and Employee’s heirs, administrators, executors, agents and assigns) does The Executive hereby fully and forever release, waive, discharge and covenant not to sue releases the Company or any related or affiliated entityand all of its past, or present, and future affiliates, and its or and their respective current or former parent entitiesofficers, officersdirectors, shareholders, members, employees, directors, insurers, agents, attorneys, benefit plans, successors and assigns, and any predecessors or successors of the foregoing assigns (collectively, collectively referred to herein as the “Released PartiesReleasees”), with respect to jointly and severally, from any and all claims, assertions of claims, debts, demands, actions, suits, expenses, attorneys’ fees, costs, damages and/or liabilities of any nature, type and description, known or unknown, at law which the Executive or in equitythe Executive’s heirs, successors or assigns have or may have against any Releasee arising out on or prior to the Termination Date and any and all liability which any such Releasee may have to the Executive, whether denominated claims, demands, causes of action, obligations, damages or liabilities arising from any fact and all bases, however denominated, including but not limited to claims for wrongful discharge, accrued bonus or matter in any way connected with Employee’s employment with the Companyincentive pay, sexual harassment, the separation thereofAge Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the United States Civil Rights Act of 1964, 42 U.S.C. § 1981, the Corporate Fraud and Criminal Fraud Accountability Act of 2002, and Sections 922(h)(1) and 1057 of the Xxxx-Xxxxx Act, Workers Adjustment and Retraining Notification Act, the New York Human Rights Law, including New York Executive Law § 296, § 8-107 of the Administrative Code and Charter of New York City or any other related matter arising before the effective date of this Agreementfederal, state, or local law. This release shall include but is not limited to for any rights or claims under federal, state or local law (whether arising from statute, executive order, regulation, code, or constitution, or other source)and all claims, including but not limited to claims arising under Title VII from and during the Executive’s employment relationship with Releasees or as a result of the Civil Rights Act termination of 1964such relationship. Notwithstanding any provision contained in this Release Agreement, as amendedthis release is not intended to interfere with the Executive’s right to file a charge with a governmental agency, Section 1981 of the Civil Rights Act of 1866, the Fair Labor Standards Act (including but not limited to the extent subject to a waiver of this sort), the Equal Pay Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act, the National Labor Relations Act, the Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008, the Occupational Safety and Health Act (“OSHA”), the Rehabilitation Act of 1973, the Workers Adjustment Retraining and Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Fair Credit Reporting Act, the anti-retaliation provisions of the Corporate and Criminal Fraud Accountability Act of 2002 (also known as the Xxxxxxxx-Xxxxx Act and the Xxxx-Xxxxx Xxxx Street Report Consumer Protection Act), Cal-OSHA, the California Fair Employment & Housing Act, the California Labor Code, the California Government Code, the California Family Rights Act, the California Civil Code, the California Business & Professions Code, each as amended, rights to rehire and reemployment, and equal employment opportunity commission or any and all common law claims, including claims sounding in tort state or contract, claims for compensation, benefits, equitylocal fair employment practices agency, or other remuneration governmental regulatory agency or attorneys’ feesself-regulatory organization. However, costs by executing this Release Agreement, the Executive hereby waives the right to recover any relief in connection with any proceeding brought before such governmental agency or disbursementsself-regulatory organization. This release is for any relief, claims for physical no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or emotional distress punitive damages. The Executive relinquishes any right to future employment with the Company or injuries, claims for discrimination, harassment, retaliation, failure to accommodate, violation any of public policy, breach of express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation or misrepresentationthe Releasees, and agrees not to seek future re-employment with the Company or any claims arising under of the Releasees. The Executive acknowledges that the Company shall have the right to refuse to re-employ the Executive without liability of the Company or any other duty or of the Releasees. This release shall not apply to any obligation of any kind or description, whether arising in law or equity, which can lawfully be released under federal, state, or local law. The foregoing is a non-exhaustive list, and this release is intended to cover all claims that may be lawfully waived by agreement, including those not specifically listed. The parties agree and acknowledge that the payments made Company pursuant to this Agreement are not related to sexual harassmentthe Severance Protection Agreement.

General Release and Covenant Not to Sue. (a) In consideration of the promises contained herein, the adequacy xx which is hereby acknowledged, and other good and valuable consideration, Employee (for Employee’s self on behalf of himself and Employee’s his heirs, executors, administrators, executors, agents successors and assigns) does hereby fully irrevocably and unconditionally releases and forever releasedischarges and acquits the Company, waiveany affiliated or related companies, discharge including, without limitation, parent companies, subsidiaries and covenant not to sue the Company or any related or affiliated entitydivisions, or its or and all of their respective current or former parent entitiesshareholders, directors, officers, employees, directors, insurers, agents, attorneys, benefit plans, successors and assigns, and any predecessors or successors of the foregoing assigns (collectively, the “Released Parties”collectively "Releasees"), with respect to from any and all claims, assertions of claimscharges, liabilities, debts, demands, actions, suits, expenses, attorneys’ fees, costs, damages and/or liabilities grievances and causes of any nature, type and description, known or unknownaction of whatsoever kind, at law or in equity, arising out of any fact whether known or matter in any way connected with Employee’s employment with the Companyunknown, the separation thereofsuspected or unsuspected, or any other related matter arising before the effective date of this Agreement. This release shall include but is not limited to any rights or claims under federal, state or local law (whether arising from statute, executive order, regulation, code, or constitution, or other source)otherwise, including but not limited to claims relating to or arising out of Employee's employment and termination of employment, claims for breach of employment contract, claims for attorneys' fees, claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 19641964 and 1991, as amended, Section 1981 of the Civil Rights Act of 1866, the The Fair Labor Standards Act (to the extent subject to a waiver of this sort)Act, The Family and Medical Leave Act, the Equal Pay Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”"ERISA"), the Americans with Disabilities Worker Adjustment and Retraining Notification Act ("WARN"), the Illinois Wage Payment and Collection Act, the National Labor Relations Act, the Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008, the Occupational Safety and Health Act (“OSHA”), the Rehabilitation Act of 1973, the Workers Adjustment Retraining and Notification Act, the Uniformed Services Employment and Reemployment Illinois Human Rights Act, the Fair Credit Reporting Act, the anti-retaliation provisions claims of the Corporate and Criminal Fraud Accountability Act of 2002 (also known as the Xxxxxxxx-Xxxxx Act and the Xxxx-Xxxxx Xxxx Street Report Consumer Protection Act), Cal-OSHA, the California Fair Employment & Housing Act, the California Labor Code, the California Government Code, the California Family Rights Act, the California Civil Code, the California Business & Professions Code, each as amended, rights to rehire and reemployment, and any and all common law claims, including claims sounding in tort or contractretaliation, claims for compensationpain and suffering and mental and emotional distress, wrongful discharge claims, severance pay claims, accrued vacation, bonuses, salary and benefits, equity, or other remuneration or attorneys’ fees, costs or disbursements, claims for physical or emotional distress or injuries, claims for discrimination, harassment, retaliation, failure to accommodate, violation of public policy, breach of express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation or misrepresentation, and any claims arising under any federal, state or local constitution, statute, or common law, which Employee has, had or may have against the Releasees arising from or relating to acts or omissions through the date hereof, or involving the continuing effects of any acts or omissions which occurred through the date hereof. Notwithstanding anything to the contrary herein, Employee reserves the right to apply for unemployment compensation relating to his termination of employment by the Company and the right to receive the Reimbursements and Vacation Pay. For purposes of clarification, the Company acknowledges that its obligations to defend and hold harmless Employee arising from his election and service as an officer and director of the Company ("D&O Obligations") continue hereafter unaffected by this Agreement. Employee acknowledges and agrees that the nature, materiality, extent and results of the claims compromised and released by this Agreement may not now all be known or anticipated by him. However, it is the intention of the parties hereto that this Agreement shall be effective as a bar to each and every claim, charge, liability, offset, demand, grievance, debt and cause of action (other duty than for the Reimbursements and Vacation Pay) that Employee may have against the Company. Employee further acknowledges and agrees that he may hereafter discover facts different from or obligation in addition to those now known, suspected or believed to be true with respect to such claims, demands or causes of action and agrees that this release will be and remain effective in all respects notwithstanding any such differences or additional facts. Employee covenants and agrees not to sue, to make a claim or demand, to commence or maintain, or assist or xxherwise participate (except, as required by law, to give testimony), in any action or proceeding of any kind in any court, before any government agency or descriptionin any other forum, or to accept any money, benefit, or other relief from any proceeding which would be precluded by this release, whether arising in law brought directly by Employee or equitybrought by any other person, which can lawfully be released under federal, state, agency or local law. The foregoing is a non-exhaustive listentity, and agrees to indemnify the Company against all liability, costs and expenses and attorney's fees in the event he breaches this release is intended and covenant not to cover all claims that may be lawfully waived by agreement, including those not specifically listed. The parties agree and acknowledge that the payments made pursuant to this Agreement are not related to sexual harassmentsue.

General Release and Covenant Not to Sue. (a) Employee (for Employee’s self and Employee’s heirs, administrators, executors, agents and assigns) does hereby fully and forever release, waive, discharge and covenant not to sue the Company or any related or affiliated entity, or its or their respective current or former parent entities, officers, employees, directors, insurers, agents, attorneys, benefit plans, and assigns, and any predecessors or successors of the foregoing (collectively, the “Released Parties”), with respect to any and all claims, assertions of claims, debts, demands, actions, suits, expenses, attorneys’ fees, costs, damages and/or liabilities of any nature, type and description, known or unknown, at law or in equity, arising out of any fact or matter in any way connected with Employee’s employment with the Company, the separation thereof, or any other related matter arising before the effective date of Employee signs this Agreement. This release shall include but is not limited to any rights or claims under federal, state or local law (whether arising from statute, executive order, regulation, code, or constitution, or other source), including but not limited to claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, the Fair Labor Standards Act (to the extent subject to a waiver of this sort), the Equal Pay Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act, the National Labor Relations Act, the Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008, the Occupational Safety and Health Act (“OSHA”), the Rehabilitation Act of 1973, the Workers Adjustment Retraining and Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Fair Credit Reporting Act, the anti-anti- retaliation provisions of the Corporate and Criminal Fraud Accountability Act of 2002 (also known as the Xxxxxxxx-Xxxxx Act and the Xxxx-Xxxxx Xxxx Street Report Consumer Protection Act), Cal-OSHA, the California Fair Employment & Housing Act, the California Labor Code, the California Government Code, the California Family Rights Act, the California Civil Code, the California Business & Professions Code, each as amended, rights to rehire and reemployment, and any and all common law claims, including claims sounding in tort or contract, claims for compensation, benefits, equity, or other remuneration or attorneys’ fees, costs or disbursements, claims for physical or emotional distress or injuries, claims for discrimination, harassment, retaliation, failure to accommodate, violation of public policy, breach of express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation or misrepresentation, and any claims arising under any other duty or obligation of any kind or description, whether arising in law or equity, which can lawfully be released under federal, state, or local law. The foregoing is a non-non- exhaustive list, and this release is intended to cover all claims that may be lawfully waived by agreement, including those not specifically listed. The parties agree and acknowledge that the payments made pursuant to this Agreement are not related to sexual harassment.