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

General Release and Covenant Not to Xxx. In consideration of Nalco’s promises under this Separation Agreement, Xx. Xxxxx individually, and Xx. Xxxxx’x successors, assigns, heirs, and agents, and each and all of them, hereby unconditionally and forever release, acquit, and discharge Nalco, its parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys from any and all claims, demands, liabilities, and causes of action of every kind, nature and description whatsoever whether known or unknown, or suspected to exist, which Xx. Xxxxx ever had or may now have up to the date of signing this Agreement, against Nalco, or any of them, including, any claim arising out of or relating to (i) any aspect of Xx. Xxxxx’x employment with Nalco, including the termination of such employment; (ii) any federal, state, local or other government statute, regulation or ordinance of any country, including but not limited to the following US laws, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et. seq. as amended by the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973, The Worker Adjustment and Retraining Notification Act and (iii) the common law of the jurisdiction wherein Xx. Xxxxx resides or any other jurisdiction, including without limitation, intentional infliction of emotional distress, breach of contract and any claims for consequential and/or punitive damages for any reason. It is the intention of Xx. Xxxxx that in executing this Agreement Xx. Xxxxx is providing a General Release and that it shall be an effective bar to each and every claim, demand and cause of action, either known or unknown, for all acts, or omissions of Nalco occurring prior to and up to the date this Agreement is executed. This release includes but is not limited to: - any claims for assault, battery, wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other tort or common law claims; - any claim to challenge the enforceability of any provision of the Severance Agreement, including but not limited to the noncompetition, nondisclosure, and nonsolicitation provisions in the Severance Agreement; - any claims for the breach of any written, implied or oral contract; - any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex (including sexual harassment), sexual orientation, or physical or mental disability or medical condition or any other protected status; - any claims for benefits or monetary equivalent of benefits except as provided in this Agreement; and - any entitlement to reinstatement with or rehire or reemployment by Nalco. Also waived are any rights to attorneys’ fees, compensation or other recovery as the result of any legal action brought by Xx. Xxxxx or on Xx. Xxxxx’x behalf by any other party, based on any right Xx. Xxxxx has released and waived under this Separation Agreement. Excepted from this release are claims challenging the validity of this Separation Agreement under the Age Discrimination in Employment Act. Xx. Xxxxx’x release under the Age Discrimination in Employment Act does not apply to any claims that arise or may arise based on events that take place after the date Xx. Xxxxx signs this Agreement. Also not released are any claims Xx. Xxxxx may have for a) Worker’s Compensation benefits, b) accrued wages, accrued but unused vacation pay, and accrued commissions, if any, up to the date of termination, c) any vested pension benefits, or d) any right to unemployment benefits. Xx. Xxxxx agrees never to institute any charge, lawsuit, complaint, proceeding, grievance or action of any kind (at law, in equity or otherwise) in any state or federal court, or in any other public or private tribunal, against Nalco on any grounds, for any occurrence from the beginning of time to the effective date of this Agreement. The only exception to this covenant not to xxx is a claim that challenges the validity of this Separation Agreement and alleges age discrimination. If Xx. Xxxxx sues Nalco in violation of this Separation Agreement, then Xx. Xxxxx shall be liable for Nalco’s actual attorneys’ fess and other litigation costs incurred in defending such matter

General Release and Covenant Not to Xxx. In consideration of Nalco’s promises under this Separation Agreement, Xx. Xxxxx Xxxxxxx individually, and Xx. Xxxxx’x Xxxxxxx’x successors, assigns, heirs, and agents, and each and all of them, hereby unconditionally and forever release, acquit, and discharge Nalco, its parentsparents (including Nalco LLC), subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys from any and all claims, demands, liabilities, and causes of action of every kind, nature and description whatsoever whether known or unknown, or suspected to exist, which Xx. Xxxxx Xxxxxxx ever had or may now have up to the date of signing this Agreement, against Nalco, or any of them, including, any claim arising out of or relating to (i) any aspect of Xx. Xxxxx’x Xxxxxxx’x employment with Nalco, including the termination of such employment; (ii) any federal, state, local or other government statute, regulation or ordinance of any country, including but not limited to the following US laws, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et. seq. as amended by the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973, The Worker Adjustment and Retraining Notification Act and (iii) the common law of the jurisdiction wherein Xx. Xxxxx Xxxxxxx resides or any other jurisdiction, including without limitation, intentional infliction of emotional distress, breach of contract and any claims for consequential and/or punitive damages for any reason. It is the intention of Xx. Xxxxx Xxxxxxx that in executing this Agreement Xx. Xxxxx Xxxxxxx is providing a General Release and that it shall be an effective bar to each and every claim, demand and cause of action, either known or unknown, for all acts, or omissions of Nalco occurring prior to and up to the date this Agreement is executed. This release includes but is not limited to: - any claims for assault, battery, wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other tort or common law claims; - any claim to challenge the enforceability of any provision of the Severance Agreement, including but not limited to the noncompetition, nondisclosure, and nonsolicitation provisions in the Severance Agreement; - any claims for the breach of any written, implied or oral contract; - any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex (including sexual harassment), sexual orientation, or physical or mental disability or medical condition or any other protected status; - any claims for benefits or monetary equivalent of benefits except as provided in this Agreement; and - any entitlement to reinstatement with or rehire or reemployment by Nalco. Also waived are any rights to attorneys’ fees, compensation or other recovery as the result of any legal action brought by Xx. Xxxxx Xxxxxxx or on Xx. Xxxxx’x Xxxxxxx’x behalf by any other party, based on any right Xx. Xxxxx Xxxxxxx has released and waived under this Separation Agreement. Excepted from this release are claims challenging the validity of this Separation Agreement under the Age Discrimination in Employment Act. Xx. Xxxxx’x Xxxxxxx’x release under the Age Discrimination in Employment Act does not apply to any claims that arise or may arise based on events that take place after the date Xx. Xxxxx Xxxxxxx signs this Agreement. Also not released are any claims Xx. Xxxxx Xxxxxxx may have for a) Worker’s Compensation benefits, b) accrued wages, accrued but unused vacation pay, and accrued commissions, if any, up to the date of termination, c) any vested pension benefits, or d) any right to unemployment benefits. Xx. Xxxxx Xxxxxxx agrees never to institute any charge, lawsuit, complaint, proceeding, grievance or action of any kind (at law, in equity or otherwise) in any state or federal court, or in any other public or private tribunal, against Nalco on any grounds, for any occurrence from the beginning of time to the effective date of this Agreement. The only exception to this covenant not to xxx is a claim that challenges the validity of this Separation Agreement and alleges age discrimination. If Xx. Xxxxx Xxxxxxx sues Nalco in violation of this Separation Agreement, then Xx. Xxxxx Xxxxxxx shall be liable for Nalco’s actual attorneys’ fess and other litigation costs incurred in defending such matter.

General Release and Covenant Not to Xxx. In consideration of Nalco’s promises under this Separation Agreement and the Amendment to the Management Members Agreement, Xx. Xxxxx Xxx individually, and Xx. Xxxxx’x Xxx’x successors, assigns, heirs, and agents, and each and all of them, hereby unconditionally and forever release, acquit, and discharge Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys from any and all claims, demands, liabilities, and causes of action of every kind, nature and description whatsoever whether known or unknown, or suspected to exist, which Xx. Xxxxx Xxx ever had or may now have up to the date of signing this Agreement, against Nalco, or any of them, including, without limitation, any claim arising out of or relating to (i) any aspect of Xx. Xxxxx’x Xxx’x employment with Nalco, including the termination of such employment; (ii) any federal, state, local or other government statute, regulation or ordinance of any country, including but not limited to the following US laws, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et. seq. as amended by the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973, The Worker Adjustment and Retraining Notification Act and (iii) the common law of the jurisdiction wherein Xx. Xxxxx Xxx resides or any other jurisdiction, including without limitation, intentional infliction of emotional distress, breach of contract and any claims for consequential and/or punitive damages for any reason. It is the intention of Xx. Xxxxx Xxx that in executing this Agreement Xx. Xxxxx Xxx is providing a General Release and that it shall be an effective bar to each and every claim, demand and cause of action, either known or unknown, for all acts, or omissions of Nalco Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys, occurring prior to and up to the date this Agreement is executed. This release includes but is not limited to: - any claims for assault, battery, wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other tort or common law claims; - any claim to challenge the enforceability of any provision of the Severance Agreement, including but not limited to the noncompetition, nondisclosure, and nonsolicitation provisions in the Severance Agreement; - any claims for the breach of any written, implied or oral contract; - any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex (including sexual harassment), sexual orientation, or physical or mental disability or medical condition or any other protected status; - any claims for benefits or monetary equivalent of benefits except as provided in this Agreement; and - any entitlement to reinstatement with or rehire or reemployment by Nalco. Also waived are any rights to attorneys’ fees, compensation or other recovery as the result of any legal action brought by Xx. Xxxxx Xxx or on Xx. Xxxxx’x Xxx’x behalf by any other party, based on any right Xx. Xxxxx Xxx has released and waived under this Separation Agreement. Excepted from this release are claims challenging the validity of this Separation Agreement under the Age Discrimination in Employment Act. Xx. Xxxxx’x Xxx’x release under the Age Discrimination in Employment Act does not apply to any claims that arise or may arise based on events that take place after the date Xx. Xxxxx Xxx signs this Agreement. Also not released are any claims Xx. Xxxxx Xxx may have for a) Worker’s Compensation benefits, b) accrued wages, accrued but unused vacation pay, and accrued commissions, if any, up to the date of termination, c) any vested pension benefits, or d) any right to unemployment benefits. Xx. Xxxxx agrees never to institute any charge, lawsuit, complaint, proceeding, grievance or action of any kind (at law, in equity or otherwise) in any state or federal court, or in any other public or private tribunal, against Nalco on any grounds, for any occurrence from the beginning of time to the effective date of this Agreement. The only exception to this covenant not to xxx is a claim that challenges the validity of this Separation Agreement and alleges age discrimination. If Xx. Xxxxx sues Nalco in violation of this Separation Agreement, then Xx. Xxxxx shall be liable for Nalco’s actual attorneys’ fess and other litigation costs incurred in defending such matter.

General Release and Covenant Not to Xxx. In consideration of Nalco’s promises under this Separation Agreement, Xx. Xxxxx Xxxxxx individually, and Xx. Xxxxx’x Xxxxxx’x successors, assigns, heirs, and agents, and each and all of them, hereby unconditionally and forever release, acquit, and discharge Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys from any and all claims, demands, liabilities, and causes of action of every kind, nature and description whatsoever whether known or unknown, or suspected to exist, which Xx. Xxxxx Xxxxxx ever had or may now have up to the date of signing this Agreement, against Nalco, or any of them, including, without limitation, any claim arising out of or relating to (i) any aspect of Xx. Xxxxx’x Xxxxxx’x employment with Nalco, including the termination of such employment; (ii) any federal, state, local or other government statute, regulation or ordinance of any country, including but not limited to the following US laws, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et. seq. as amended by the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973, The Worker Adjustment and Retraining Notification Act and (iii) the common law of the jurisdiction wherein Xx. Xxxxx Xxxxxx resides or any other jurisdiction, including without limitation, intentional infliction of emotional distress, breach of contract and any claims for consequential and/or punitive damages for any reason. It is the intention of Xx. Xxxxx Xxxxxx that in executing this Agreement Xx. Xxxxx Xxxxxx is providing a General Release and that it shall be an effective bar to each and every claim, demand and cause of action, either known or unknown, for all acts, or omissions of Nalco Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys, occurring prior to and up to the date this Agreement is executed. This release includes but is not limited to: - any claims for assault, battery, wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other tort or common law claims; - any claim to challenge the enforceability of any provision of the Severance Agreement, including but not limited to the noncompetition, nondisclosure, and nonsolicitation provisions in the Severance Agreement; - any claims for the breach of any written, implied or oral contract; - any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex (including sexual harassment), sexual orientation, or physical or mental disability or medical condition or any other protected status; - any claims for benefits or monetary equivalent of benefits except as provided in this Agreement; and - any entitlement to reinstatement with or rehire or reemployment by Nalco. Also waived are any rights to attorneys’ fees, compensation or other recovery as the result of any legal action brought by Xx. Xxxxx Xxxxxx or on Xx. Xxxxx’x Xxxxxx’x behalf by any other party, based on any right Xx. Xxxxx Xxxxxx has released and waived under this Separation Agreement. Excepted from this release are claims challenging the validity of this Separation Agreement under the Age Discrimination in Employment Act. Xx. Xxxxx’x Xxxxxx’x release under the Age Discrimination in Employment Act does not apply to any claims that arise or may arise based on events that take place after the date Xx. Xxxxx Xxxxxx signs this Agreement. Also not released are any claims Xx. Xxxxx Xxxxxx may have for a) Worker’s Compensation benefits, b) accrued wages, accrued but unused vacation pay, and accrued commissions, if any, up to the date of termination, c) any vested pension benefits, or d) any right to unemployment benefits. Xx. Xxxxx agrees never to institute any charge, lawsuit, complaint, proceeding, grievance or action of any kind (at law, in equity or otherwise) in any state or federal court, or in any other public or private tribunal, against Nalco on any grounds, for any occurrence from the beginning of time to the effective date of this Agreement. The only exception to this covenant not to xxx is a claim that challenges the validity of this Separation Agreement and alleges age discrimination. If Xx. Xxxxx sues Nalco in violation of this Separation Agreement, then Xx. Xxxxx shall be liable for Nalco’s actual attorneys’ fess and other litigation costs incurred in defending such matter.

General Release and Covenant Not to Xxx. In consideration of Nalco’s promises under this Employment Separation and Consulting Agreement, Xx. Xxxxx individually, and Xx. Xxxxx’x successors, assigns, heirs, and agents, and each and all of them, hereby unconditionally and forever release, acquit, and discharge Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys from any and all claims, demands, liabilities, and causes of action of every kind, nature and description whatsoever whether known or unknown, or suspected to exist, which Xx. Xxxxx ever had or may now have up to the date of signing this Agreement, against Nalco, or any of them, including, without limitation, any claim arising out of or relating to (i) any aspect of Xx. Xxxxx’x employment with Nalco, including the termination of such employment; (ii) any federal, state, local or other government statute, regulation or ordinance of any country, including but not limited to the following US laws, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et. seq. as amended by the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973, The Worker Adjustment and Retraining Notification Act and (iii) the common law of the jurisdiction wherein Xx. Xxxxx resides or any other jurisdiction, including without limitation, intentional infliction of emotional distress, breach of contract and any claims for consequential and/or punitive damages for any reason. It is the intention of Xx. Xxxxx that in executing this Agreement Xx. Xxxxx is providing a General Release and that it shall be an effective bar to each and every claim, demand and cause of action, either known or unknown, for all acts, or omissions of Nalco Nalco, its direct or indirect parents, subsidiaries and affiliates, and each of their respective officers, directors, stockholders, employees, agents, and attorneys, occurring prior to and up to the date this Agreement is executed. This release includes but is not limited to: - any claims for assault, battery, wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other tort or common law claims; - any claim to challenge the enforceability of any provision of the Severance Agreement, including but not limited to the noncompetition, nondisclosure, and nonsolicitation provisions in this or the Severance Employment Agreement; - any claims for the breach of any written, implied or oral contract; - any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex (including sexual harassment), sexual orientation, or physical or mental disability or medical condition or any other protected status; - any claims for benefits or monetary equivalent of benefits except as provided in this Agreement; and - any entitlement to reinstatement with or rehire or reemployment by NalcoNalco or its affiliates. Also waived are If either party files suit to enforce any rights provision of the Agreement and a court of competent jurisdiction, then the substantially prevailing party shall be entitled to attorneys’ feesan award of its court costs, compensation or other recovery as the result of any legal action brought by Xx. Xxxxx or on Xx. Xxxxx’x behalf by litigation expenses and reasonable attorneys fees incurred in prosecuting and maintaining such suit, in addition to any other party, based on any right Xx. Xxxxx has released and waived under this Separation Agreementremedies or relief. Excepted from this release are claims challenging the validity of this Separation Agreement under the Age Discrimination in Employment Act. Xx. Xxxxx’x release under the Age Discrimination in Employment Act does not apply to any claims that arise or may arise based on events that take place after the date Xx. Xxxxx signs this Agreement. Also not released are any claims Xx. Xxxxx may have for a) Worker’s Compensation benefits, b) accrued wages, accrued but unused vacation pay, and accrued commissions, if any, up to the date of termination, c) any vested pension benefits, or d) any right to unemployment benefits. Xx. Xxxxx agrees never to institute any charge, lawsuit, complaint, proceeding, grievance or action of any kind (at law, in equity or otherwise) in any state or federal court, or in any other public or private tribunal, against Nalco on any grounds, for any occurrence from the beginning of time to the effective date of this Agreement. The only exception to this covenant not to xxx is a claim that challenges the validity of this Separation Agreement and alleges age discrimination. If Xx. Xxxxx sues Nalco in violation of this Separation Agreement, then Xx. Xxxxx shall be liable for Nalco’s actual attorneys’ fess and other litigation costs incurred in defending such matter.