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

General Release and Covenant Not to Xxx. Except for those obligations created by or arising out of this Agreement, Executive on behalf of himself, his descendants, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Alaska, and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively referred to as “Releasees,” with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or in any way connected with his employment relationship with Alaska, or his separation from the same, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement including, without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993 (the “FMLA”), the Washington Law Against Discrimination, the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that cannot be released as a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that the has been and is entitled to pursuant to FMLA.

General Release and Covenant Not to Xxx. Except for those obligations created by or arising out of this Agreement[ ] (“Executive”), Executive on Executive’s own behalf and on behalf of himself, his Executive’s descendants, dependents, heirs, executors, administrators, executors and administrators and permitted assigns, past and successorspresent (“Executive Related Parties”), in consideration for the amounts payable and benefits to be provided to Executive under that Amended and Restated Employment Agreement dated as of [ ], 2017, between ILG, Inc., a Delaware corporation (the “Company”), and each of themExecutive (the “Employment Agreement”), hereby covenants not to xxx or pursue any litigation against, and fully waives, releases and discharges Alaskathe Company, its Affiliates (as defined in the Employment Agreement), their respective predecessors and successors, and its parentall of the respective current or former directors, subsidiaries officers, employees, shareholders, partners, members, managers, agents, assigns, representatives, trustees (in their official and affiliates, past individual capacities) or employee benefit plans and presenttheir administrators and fiduciaries (in their official and individual capacities) of any of the foregoing, and each of themtheir affiliates, as well as its predecessors, successors and their trusteesassigns (collectively, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively referred to as the “Releasees,” with respect to and ”), from any and all claims, wages, demands, rights, liensjudgments, agreements, contracts, covenantsdefenses, actions, suitscomplaints, charges or causes of actionaction whatsoever, obligationsof any and every kind and description, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in whether under common law, equity statute or otherwise, in law or in equity, whether now known or unknown, suspected or unsuspected, and whether accrued or not concealed accrued, that Executive ever had, now have or hidden, which he now owns or holds or he has at any time heretofore owned or held shall or may in have or assert as of the future hold as date of this General Release and Covenant Not to Xxx against said Releasees, including any claims arising out the Releasees by reason of or in any way connected with his employment relationship with Alaska, or his separation from the same, or any other transactions, occurrences, acts facts or omissions which have occurred on or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement General Release and Covenant Not to Xxx, including, without limiting limitation, any complaint, charge or cause of action relating to Executive’s employment with the generality Company or the termination thereof or Executive’s service as an officer or director of any member of the foregoingCompany or its Affiliates or the termination of such service, and including, without limitation, any claim under claims, demands, rights, judgments, defenses, actions, charges or causes of action related to employment or termination of employment or that arise out of or relate in any way to the Age Discrimination in Employment Act of 1967 (“ADEA,” a law that prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 (as amended)1964, the Age Discrimination in Employment Act, the Americans with Disabilities ActEmployee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Xxxxxxxx-Xxxxx Act of 1993 2002, all as amended, and other Federal, state and local laws relating to employment or discrimination on the basis of age, sex or other protected class, all claims under Federal, state or local laws for express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs (collectively, “Claims”) (the “FMLARelease”); provided, however, that nothing herein shall release the Company from (i) any of its obligations to Executive under the Employment Agreement (including, without limitation, its obligation to pay the amounts and provide the benefits upon which this General Release and Covenant Not to Xxx is conditioned); (ii) any rights Executive may have in respect of accrued vested benefits under the employee benefit plans of the Company and its subsidiaries (other than severance or termination benefits); (iii) any rights Executive may have to indemnification under the Employment Agreement, the Washington Law Against DiscriminationCompany’s by-laws, the Washington Age Discrimination Lawother applicable law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health insurance coverage or medical other benefits under any directors and officers insurance or similar policies; or (iv) any other fringe benefit. This release does not, however, cover any claim that cannot be released rights Executive and the Executive Related Parties may have to obtain contribution as permitted by applicable law in the event of an entry of judgment against Executive and the Company as a matter result of applicable law. any act or failure to act for which Executive acknowledges and agrees that he has received any and all leave and other benefits that the has been and is entitled to pursuant to FMLACompany are held jointly liable (collectively, the “Unreleased Claims”).

General Release and Covenant Not to Xxx. Except for those obligations created by or arising out of this Agreement, Executive The Holder on behalf of himself, his descendants, dependents, heirs, executors, administratorsrepresentatives, successors and assigns, hereby fully waives, releases, and forever discharges Purchaser, the Company, the Operating Company and all of its or their respective affiliates, related companies, subsidiaries, divisions, parent corporations, successors, predecessors, assigns, and successorsits or their members, managers, shareholders, officers, directors, investors, agents, employees, and representatives, past, present, and future, and fiduciaries of any employee benefit plan maintained by any of the foregoing, and all persons acting under, by, and through, or in concert with any of them, and each of them (referred to collectively as “Releasees”) from any and all claims, actions, causes of action, suits, debts, accounts, controversies, agreements, promises, damages, and demands of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, which the Holder has or hereafter may have against the Releasees, and each of them, hereby covenants not up to xxx and fully releases and discharges Alaska, and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively including the date hereof (referred to collectively as the “Releasees,” with respect to Released Claims”). This general release includes, but is not limited to, claims for attorneys’ fees and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suitscosts, causes of actionaction with respect to, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or relating to, the Holder’s employment with the Company or the Operating Company, and claims arising under many different laws (including statutes, regulations, other administrative guidance, and common law doctrines), such as: claims for any implied or express contract or covenant (including but not limited to the Consulting Agreement dated October 1, 2003 between the Holder and the Company; and any and all agreements between Employee and the Company whereby Employee was issued equity in the Company); claims for promissory estoppel; claims for entitlement to any way connected with his employment relationship with Alaskapay, equity or benefits (other than the equity and benefits promised in this Agreement); claims for wrongful denial of insurance and employee benefits; claims for wrongful termination, public policy violations, defamation, invasion of privacy, fraud, misrepresentation, emotional distress or other common law or tort claims; claims for harassment, retaliation, or his separation from the samediscrimination based on sexual orientation, age, race, color, religion, sex, national PalmSource, Inc. December , 2004 origin, ancestry, physical or mental disability, medical condition, marital status, union activity or veteran status; claims under California or any other transactions, occurrences, acts state or omissions federal labor and government codes; claims based upon any state or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or federal constitution; claims based on legal restrictions on the part of said ReleaseesCompany’s right to change an employee’s compensation; claims based on any federal, state or other governmental statute, regulation, or any of themordinance, committed or omitted prior to the date of this Agreement including, without limiting the generality of the foregoing, any claim under limitation: Title VII of the Civil Rights Act of 1964 (1964, as amended; Sections 1981 and 1983 of the Civil Rights Act of 1866; Executive Order 11,246; the California Fair Employment and Housing Act; the Equal Pay Act, 29 U.S.C. sec. 206(d)(1), ; the Fair Labor Standards Act of 1938; the Age Discrimination in Employment Act, ; the Americans with With Disabilities Act and sections 503 and 504 of the Rehabilitation Act of 1973; the Labor Management Relations Act, ; the Worker Adjustment & Retraining Notification (“WARN”) Act; the Family and Medical Leave Act; the California Family Rights Act; and the Employee Retirement Income Security Act of 1993 (1974. The Holder further agrees to reaffirm his release of the “FMLA”), Released Claims as of the Washington Law Against Discrimination, date of the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that cannot be released close of the transactions contemplated by the Amalgamation Agreement as a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that the has been and is entitled to pursuant to FMLAprovided below.

General Release and Covenant Not to Xxx. Except for those obligations created by or arising out of this Agreement, Executive The Holder on behalf of himselfherself, his descendants, dependents, her heirs, executors, administratorsrepresentatives, successors and assigns, hereby fully waives, releases, and forever discharges Purchaser, the Company, the Operating Company and all of its or their respective affiliates, related companies, subsidiaries, divisions, parent corporations, successors, predecessors, assigns, and successorsits or their members, managers, shareholders, officers, directors, investors, agents, employees, and representatives, past, present, and future, and fiduciaries of any employee benefit plan maintained by any of the foregoing, and all persons acting under, by, and through, or in concert with any of them, and each of them (referred to collectively as “Releasees”) from any and all claims, actions, causes of action, suits, debts, accounts, controversies, agreements, promises, damages, and demands of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, which the Holder has or hereafter may have against the Releasees, and each of them, hereby covenants not up to xxx and fully releases and discharges Alaska, and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively including the date hereof (referred to collectively as the “Releasees,” with respect to Released Claims”). This general release includes, but is not limited to, claims for attorneys’ fees and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suitscosts, causes of actionaction with respect to, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or relating to, the Holder’s employment with the Company or the Operating Company, and claims arising under many different laws (including statutes, regulations, other administrative guidance, and common law doctrines), such as: claims for any implied or express contract or covenant (including but not limited to the Consulting Agreement dated October 1, 2003 between the Holder and the Company; and any and all agreements between Employee and the Company whereby Employee was issued equity in the Company); claims for promissory estoppel; claims for entitlement to any way connected with his employment relationship with Alaskapay, equity or benefits (other than the equity and benefits promised in this Agreement); claims for wrongful denial of insurance and employee benefits; claims for wrongful termination, public policy violations, defamation, invasion of privacy, fraud, misrepresentation, emotional distress or other common law or tort claims; claims for harassment, retaliation, or his separation from the samediscrimination based on sexual orientation, age, race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, marital status, union activity or veteran status; claims under California or any other transactions, occurrences, acts state or omissions federal labor and government codes; claims based upon any state or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or federal constitution; claims based on legal restrictions on the part of said ReleaseesPalmSource, Inc. December , 2004 Company’s right to change an employee’s compensation; claims based on any federal, state or other governmental statute, regulation, or any of themordinance, committed or omitted prior to the date of this Agreement including, without limiting the generality of the foregoing, any claim under limitation: Title VII of the Civil Rights Act of 1964 (1964, as amended; Sections 1981 and 1983 of the Civil Rights Act of 1866; Executive Order 11,246; the California Fair Employment and Housing Act; the Equal Pay Act, 29 U.S.C. sec. 206(d)(1), ; the Fair Labor Standards Act of 1938; the Age Discrimination in Employment Act, ; the Americans with With Disabilities Act and sections 503 and 504 of the Rehabilitation Act of 1973; the Labor Management Relations Act, ; the Worker Adjustment & Retraining Notification (“WARN”) Act; the Family and Medical Leave Act; the California Family Rights Act; and the Employee Retirement Income Security Act of 1993 (1974. The Holder further agrees to reaffirm her release of the “FMLA”), Released Claims as of the Washington Law Against Discrimination, date of the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that cannot be released close of the transactions contemplated by the Amalgamation Agreement as a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that the has been and is entitled to pursuant to FMLAprovided below.

General Release and Covenant Not to Xxx. Except for those obligations created by or arising out of this Agreement, Executive on behalf of himself, his descendants, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Alaska, and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively referred to as “Releasees,” with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or in any way connected with his employment relationship with Alaska, or his separation voluntary retirement from the same, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement including, without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993 (the “FMLA”)1993, the Washington Law Against Discrimination, the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that cannot be released as a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that the has been and is entitled to pursuant to FMLA.