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

General Release and Covenant Not to Xxx. In return for the Consideration in Section 2(b), Xxxxxx fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which Xxxxxx now has or claims to have or which Xxxxxx at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to Xxxxxx’x employment by FARO or the termination of Xxxxxx’x employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. Xxxxxx also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. Xxxxxx agrees that if anyone makes a claim or undertakes an investigation involving her in any way, Xxxxxx waives any and all rights and claims to financial recovery resulting from such claim or investigation. Xxxxxx further represents that she has not assigned to any other person any of such claims, and that she has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, Xxxxxx acknowledges that she is doing so knowingly and voluntarily, that she understands that she may be releasing claims she may not know about, and that she is waiving all rights she may have had under any law that is intended to protect her from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect Xxxxxx’x right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 2 contracts

Samples: Transition and Separation Agreement, Transition and Separation Agreement (Faro Technologies Inc)

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General Release and Covenant Not to Xxx. In return for the Consideration in Section 2(b), Xxxxxx Xxxxxxxx fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which Xxxxxx Xxxxxxxx now has or claims to have or which Xxxxxx Xxxxxxxx at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to Xxxxxx’x Xxxxxxxx’x employment by FARO or the termination of Xxxxxx’x Xxxxxxxx’x employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. Xxxxxx Xxxxxxxx also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. Xxxxxx Xxxxxxxx agrees that if anyone makes a claim or undertakes an investigation involving her him in any way, Xxxxxx Xxxxxxxx waives any and all rights and claims to financial recovery resulting from such claim or investigation. Xxxxxx Xxxxxxxx further represents that she he has not assigned to any other person any of such claims, and that she he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, Xxxxxx Xxxxxxxx acknowledges that she he is doing so knowingly and voluntarily, that she he understands that she he may be releasing claims she he may not know about, and that she he is waiving all rights she he may have had under any law that is intended to protect her him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect Xxxxxx’x Xxxxxxxx’x right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 2 contracts

Samples: Transition and Separation Agreement, Transition and Separation Agreement (Faro Technologies Inc)

General Release and Covenant Not to Xxx. In return for the Consideration Separation Compensation described in Section 2(b), Xxxxxx fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which Xxxxxx now has or claims to have or which Xxxxxx at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to Xxxxxx’x employment by FARO or the termination of Xxxxxx’x employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. Xxxxxx also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. Xxxxxx agrees that if anyone makes a claim or undertakes an investigation involving her him in any way, Xxxxxx waives any and all rights and claims to financial recovery resulting from such claim or investigation. Xxxxxx further represents that she he has not assigned to any other person any of such claims, and that she he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, Xxxxxx acknowledges that she he is doing so knowingly and voluntarily, that she he understands that she he may be releasing claims she he may not know about, and that she he is waiving all rights she he may have had under any law that is intended to protect her him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect Xxxxxx’x right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

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General Release and Covenant Not to Xxx. In return for the Consideration described in Section 2(b), Xxxxxx Arezone fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which Xxxxxx Arezone now has or claims to have or which Xxxxxx Arezone at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to Xxxxxx’x Arezone’s employment by FARO or the termination of Xxxxxx’x Arezone’s employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. Xxxxxx Arezone also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. Xxxxxx Arezone agrees that if anyone makes a claim or undertakes an investigation involving her him in any way, Xxxxxx Arezone waives any and all rights and claims to financial recovery resulting from such claim or investigation. Xxxxxx Arezone further represents that she he has not assigned to any other person any of such claims, and that she he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, Xxxxxx Arezone acknowledges that she he is doing so knowingly and voluntarily, that she he understands that she he may be releasing claims she he may not know about, and that she he is waiving all rights she he may have had under any law that is intended to protect her him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect Xxxxxx’x Arezone’s right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

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