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

General Release and Covenant Not to Xxx. In consideration for the Severance Benefits and other good and valuable consideration, Executive for himself, his assigns, agents, heirs, executors, administrators, personal representatives and legal representatives (the “Releasing Parties”) fully and unconditionally waives, releases and forever discharges any and all liability, claims, demands, actions or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense of any kind or character (collectively, “Claims”) relating to Executive’s employment with the Company and its subsidiaries and/or the termination of such employment, whether known or unknown, suspected or unsuspected action of any kind or nature whatsoever they have or may have against the Company and/or its parent, subsidiaries, affiliates, and related entities, and all of their predecessors, successors, assigns, trustees, officers, directors, shareholders, partners, insurers, fiduciaries, agents, counsel and current and former employees (the “Released Parties”) from the beginning of time through and including the date Executive signs this Agreement, including without limitation, any Claims arising out of, or relating to Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”); the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Family Medical Leave Act; and the Massachusetts Fair Employment Rights Act; but not including any Claim (a) to enforce the terms of this Release or the Employment Agreement, (b) to bring to the attention of the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination claims of discrimination; provided, however, that Executive does release his or her right to secure any damages for alleged discriminatory treatment, (c) any claims relating to accrued benefits earned and vested as of the Termination Date (as defined in the Employment Agreement) under an employee benefit plan maintained by any Released Party and governed by the Employee Retirement Income Security Act, including any claim to continued health coverage under COBRA, (d) to receive the Accrued Amounts (as defined in the Employment Agreement), (e) for any Releasing Party’s rights to indemnification under the Company’s by-laws or certificate of incorporation or under any policy of insurance carried by any Released Party or existing under applicable law, or (f) that cannot be released as a matter of law. In addition, this Release is not intended to interfere with Executive’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, although Executive, by signing below, specifically represents to the Company that he has entered into this Release knowingly and voluntarily.

General Release and Covenant Not to Xxx. In consideration for the Severance Benefits and other good and valuable consideration, Executive for himself, his assigns, agents, heirs, executors, administrators, personal representatives and legal representatives (the “Releasing Parties”) fully and unconditionally waives, releases and forever discharges any and all liability, claims, demands, actions or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense of any kind or character (collectively, “Claims”) relating to Executive’s employment with the Company and its subsidiaries and/or the termination of such employment, whether known or unknown, suspected or unsuspected action of any kind or nature whatsoever they have or may have against the Company and/or its parent, subsidiaries, affiliates, and related entities, and all of their predecessors, successors, assigns, trustees, officers, directors, shareholders, partners, insurers, fiduciaries, agents, counsel and current and former employees (the “Released Parties”) from the beginning of time through and including the date Executive signs this Agreement, including without limitation, any Claims arising out of, or relating to Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Equal Pay Act; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”); the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Family Medical Leave Act; and the Massachusetts Fair Employment Rights Act; but not including any Claim (a) to enforce the terms of this Release or the Employment Agreement, (b) to bring to the attention of the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination claims of discrimination; provided, however, that Executive does release his or her right to secure any damages for alleged discriminatory treatment, (c) any claims relating to accrued benefits earned and vested as of the Termination Date (as defined in the Employment Agreement) under an employee benefit plan maintained by any Released Party and Party, whether or not governed by the Employee Retirement Income Security Act, including any claim to continued health coverage under COBRA, (d) to receive the Accrued Amounts (as defined in the Employment Agreement), (e) for any Releasing Party’s rights to indemnification under the Company’s by-laws or certificate of incorporation or under any agreement or policy of insurance carried by any Released Party or existing under applicable law, (f) rights as a shareholder under a stockholders agreement, statutory law or otherwise, or (fg) that cannot be released as a matter of law. In addition, this Release is not intended to interfere with Executive’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, although Executive, by signing below, specifically represents to the Company that he has entered into this Release knowingly and voluntarily.

General Release and Covenant Not to Xxx. In consideration for this Agreement and the Severance Benefits promises and other good covenants set forth herein, Xxxxx , and valuable considerationhis heirs, Executive for himselfattorneys, his assigns, agents, heirsadministrators, executors, administratorspersonal representatives, personal representatives beneficiaries, and legal representatives (the “Releasing Parties”) fully assigns RELEASE and unconditionally waivesFOREVER DISCHARGE GREENROSE, releases and forever discharges any and all liability, claims, demands, actions or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense of any kind or character (collectively, “Claims”) relating to Executive’s employment with the Company and its subsidiaries and/or the termination of such employment, whether known or unknown, suspected or unsuspected action of any kind or nature whatsoever they have or may have against the Company and/or its parent, subsidiaries, affiliates, and related entities, and all of their predecessors, successors, parents, subsidiaries, divisions, assigns, trustees, officers, directors, shareholders/unitholders, partnersrepresentatives, insurersemployees, fiduciariesformer employees, attorneys, administrators, executors, beneficiaries, personal representatives, and agents, counsel (all collectively referred to as “GREENROSE RELEASEES”), from any and current and former employees (the “Released Parties”) from the beginning of time through and including the date Executive signs this Agreementall claims, demands, obligations, liabilities, costs, court costs, expenses, including without limitationattorneys’ fees, actions or causes of action which Xxxxx has, may have or which may hereafter accrue to him, including but not limited to any Claims claim or claims on account of or arising out ofof (i) his employment with GREENROSE ; (ii) his separation from employment with GREENROSE; (iii) any and all matters pertaining to his treatment as an employee or the end of his employment with GREENROSE, or relating to including, without being limited to, claims under the common law of contracts, the common law of defamation, the common law of tortious interference with contracts, the common law of fraud, the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1866; 1991, the Equal Pay Act; Rehabilitation Act of 1973, the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”); the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Family Medical Leave Act; and the Massachusetts Fair Employment Rights Act; but not including any Claim (a) to enforce the terms of this Release or the Employment Agreement, (b) to bring to the attention of the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination claims of discrimination; provided, however, that Executive does release his or her right to secure any damages for alleged discriminatory treatment, (c) any claims relating to accrued benefits earned and vested as of the Termination Date (as defined in the Employment Agreement) under an employee benefit plan maintained by any Released Party and governed by the Employee Retirement Income Security Act, including New York State Human Rights Law, New York City Human Rights Law, and any claim other federal or state, city or other local employment law, and all other city, state or federal laws, whether statutory or common law. Xxxxx covenants not to continued health coverage xxx the GREENROSE RELEASEES for any of these released claims. Notwithstanding the foregoing, this Agreement does not preclude (a) claims for breach of this Agreement; (b) claims for any acts that occur after the date this Agreement is signed; (c) any rights or claims to vested benefits under COBRA, any retirement plan or as otherwise explicitly referenced in this Agreement; (d) to receive the Accrued Amounts (as defined in the Employment Agreement), any claims that may not be released by applicable law; (e) for any Releasing Party’s rights right Xxxxx may have to indemnification under file, cooperate or participate in any proceeding before the Company’s by-laws or certificate of incorporation or under any policy of insurance carried by any Released Party or existing under applicable lawEEOC, or (f) that cannot be released a similar state agency except, however, Xxxxx waives any right to recover any monetary damages or awards in connection with any such proceeding. Xxxxx represents that, as a matter of lawthe date he signs this Agreement, he has no workplace injuries or occupational diseases. In additionconsideration of for this Agreement and the promises and covenants set forth herein, this Release is not intended GREENROSE and its affiliates, predecessors, successors, parents, subsidiaries, divisions, assigns, officers, directors, shareholders/unitholders, representatives, attorneys, administrators, executors, beneficiaries, personal representatives, and agents (all collectively referred to interfere with Executive’s right to challenge that as “GREENROSE RELEASORS”) RELEASE and FOREVER DISCHARGE Xxxxx and his waiver of heirs, attorneys, administrators, executors, personal representatives and assigns (all collectively “Xxxxx Releasees”) from any and all ADEA claims, demands, obligations, liabilities, costs, court costs, expenses, including attorneys’ fees, actions or causes of action which GREENROSE RELEASORS has, may have or which may hereafter accrue to him, including but not limited to any claim or claims pursuant on account of or arising out of (i) its employment of Xxxxx; (ii) its separation of Xxxxx from employment with GREENROSE; (iii) any and all matters pertaining to this Release is a knowing Xxxxx’x conduct at GREENROSE, including, without being limited to, claims under the common law of contracts, the common law of defamation, the common law of tortious interference with contracts, the common law of fraud, and voluntary waiverany other federal or state, although Executivecity or other local employment law, by signing belowand all other city, specifically represents state or federal laws, whether statutory or common law. GREENROSE covenants not to xxx the Company that he has entered into this Release knowingly and voluntarilyXxxxx Releasees for any of these released claims.

General Release and Covenant Not to Xxx. In consideration for of the Severance Benefits promises contained herein, the adequacy of which is hereby acknowledged, and other good and valuable consideration, Executive for himself, Employee (on behalf of himself and his assigns, agents, heirs, executors, administrators, personal representatives successors and legal representatives (the “Releasing Parties”assigns) fully irrevocably and unconditionally waives, releases and forever discharges and acquits the Company (and all its agents, officers, employees, directors, shareholders, attorneys and any affiliated or related companies, including parent companies, subsidiaries, divisions, successors, and assigns) (collectively “Releasees”), from any and all liabilityclaims, claimscharges, liabilities, debts, demands, actions or grievances and causes of actionaction of whatsoever kind, in at law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense of any kind or character (collectively, “Claims”) relating to Executive’s employment with the Company and its subsidiaries and/or the termination of such employment, whether known or unknown, suspected or unsuspected action of any kind unsuspected, or nature whatsoever they have or may have against the Company and/or its parent, subsidiaries, affiliates, and related entities, and all of their predecessors, successors, assigns, trustees, officers, directors, shareholders, partners, insurers, fiduciaries, agents, counsel and current and former employees (the “Released Parties”) from the beginning of time through and including the date Executive signs this Agreementotherwise, including without limitation, any Claims but not limited to claims relating to or arising out ofof Employee's employment and termination of employment, or relating to 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 1964; the Civil Rights Act of 1866; the Equal Pay 1964 and 1991, as amended, The Fair Labor Standards Act; , The Family and Medical Leave Act, the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”); the Fair Labor Standards Act; , the Employee Retirement Income Security Act (“ERISA”), the Worker Adjustment and Retraining Notification Act (“WARN”), the Nevada Wage Payment and Collection Act; , the Family Medical Leave Act; and the Massachusetts Fair Employment Nevada Human Rights Act; but , claims of retaliation, claims for pain and suffering and mental and emotional distress, wrongful discharge claims, severance pay claims, accrued paid time-off, bonuses, salary and benefits, or other claims 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. 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 that Employee may have against the Company. Employee further acknowledges and agrees that he may hereafter discover facts different from or 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 xxx, to make a claim or demand, or to commence or maintain any action or proceeding of any kind in any court, before any government agency or in any other forum, except nothing herein shall preclude Employee from exercising rights protected by public policy. Employee shall not assist or otherwise participate in any court proceeding, except as required by applicable law. Employee agrees to indemnify the Company against all liability, costs and expenses, including reasonable attorneys’ fees, in the event he breaches this release and covenant not to xxx, whether brought directly by Employee or brought by any Claim (a) other person, agency or entity. Employee expressly waives his right to enforce any money, benefit or other relief that may be ordered by a court or administrative agency with respect to a claim within the terms scope of this Release General Release. The foregoing or the Employment Agreement, (b) to bring any other provision in this Agreement to the attention contrary notwithstanding, the release provided by Employee under this Agreement shall not apply to [1] any claim concerning the enforcement or construction of this Agreement; or [2] any claim Employee may now or hereafter have for indemnity from the Equal Employment Opportunity Commission Company in respect to any claim asserted by third parties against Employee arising from acts or omissions of Employee within the Massachusetts Commission Against Discrimination claims scope of discrimination; providedhis employment by the Company. Effective when this Agreement becomes final and irrevocable under paragraph 9 below, howeverthe Company hereby releases and forever discharges Employee, that Executive does release his together with Employee’s agents, representatives, heirs and assigns, from any and all claims, demands, damages, actions, causes of action, suits, debts, liabilities and obligations, liens, costs and expenses of any nature, character and description, known or her right unknown, accrued or not yet accrued, whether anticipated or unanticipated, arising from or in any way related to secure Employee’s employment by the Company which the Company now holds, or has any damages for alleged discriminatory treatmenttime heretofore owned or held, (c) or may at any claims relating to accrued benefits earned and vested time hereafter own or hold, by reason of any manner, cause or thing whatsoever existing as of the Termination Date (as defined in the Employment Agreement) under an employee benefit plan maintained by date hereof or at any Released Party and governed by the Employee Retirement Income Security Acttime prior hereto other than those arising from willful misconduct, including any claim to continued health coverage under COBRA, (d) to receive the Accrued Amounts (as defined in the Employment Agreement), (e) for any Releasing Party’s rights to indemnification under the Company’s by-laws fraud or certificate of incorporation or under any policy of insurance carried by any Released Party or existing under applicable law, or (f) that cannot be released as a matter of law. In addition, this Release is not intended to interfere with Executive’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, although Executive, by signing below, specifically represents to the Company that he has entered into this Release knowingly and voluntarilycriminal conduct.