Common use of General Release and Discharge Clause in Contracts

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee on behalf of Employee and Employee’s decedents, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Company 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, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, 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 Employee now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or any way connected with Employee’s employment relationship with Company or the separation of Employee’s employment or any other transactions, occurrence, actions, 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 releases, or any of them, committed or omitted prior to the date of this Agreement. Employee specifically understands and agrees that this waiver, release and discharge includes: (a) All claims arising under federal, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The Civil Rights Act of 1991; v. The Americans With Disabilities Act, as amended (ADA); vi. The Equal Pay Act; vii. The Family and Medical Leave Act; viii. The Worker’s Adjustment and Retraining Notification Act (WARN); ix. The Occupational Safety and Health Act; x. The South Dakota Human Relations Act and the fair employment practices laws of the state or states in which Employee has been employed by Company or any of its subsidiaries or other affiliates; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate Employee, including any claim for wrongful discharge; (e) Claims for benefits including, without limitation, those arising under Employees’ Retirement Income Security Act of 1974; (f) For any other work related claim that may arise from or may be related to her employment, up to and through the date of this Agreement; and Employee agrees not to litigate any such claims except for breach or validity of this Agreement. Company and Employee agree that by entering into this Agreement, Employee does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through the Separation Date, Employee represents and warrants that Employee has been paid all wages due and owing from Company, including but not limited to overtime, in accordance with the Fair Labor Standards Act, and has received any and all benefits for which Employee would be eligible under the Family and Medical Leave Act.

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee on behalf of Employee and Employee’s decedents, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Company Bank 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, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, 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 Employee now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or any way connected with Employee’s employment relationship with Company Bank or the separation termination of Employee’s employment or any other transactions, occurrence, actions, 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 releases, or any of them, committed or omitted prior to the date of this Agreement. Employee specifically understands and agrees that this waiver, release and discharge includes: (a) All claims arising under federal, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The Civil Rights Act of 1991; v. The Americans With Disabilities Act, as amended Act (ADA); vi. The Equal Pay Act; vii. The Family and Medical Leave Act; viii. The Worker’s Adjustment and Retraining Notification Act (WARN); ix. The Occupational Safety and Health Act; x. The South Dakota Human Relations Act and the fair employment practices laws of the state or states in which Employee has been employed by Company Bank or any of its subsidiaries or other affiliates; xi. The New York State Human Rights Law, New York City Human Rights Law, the New York State Workers Compensation Law, and New York Labor Law Wage and Hour Claims; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate Employee, including any claim for wrongful discharge; (e) Claims for benefits including, without limitation, those arising under Employees’ Retirement Income Security Act of 1974; (f) For any other work related claim that may arise from or may be related to her employment, up to and through the date of this Agreement; and Employee agrees not to litigate any such claims except for breach or validity of this Agreement. Company Bank and Employee agree that by entering into this Agreement, Employee does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through the Separation Date, Employee represents and warrants that Employee has been paid all wages due and owing from CompanyBank, including but not limited to overtime, in accordance with the Fair Labor Standards Act, and has received any and all benefits for which Employee would be eligible under the Family and Medical Leave Act.

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee on behalf of Employee and Employee’s decedents, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Company Bank 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, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, 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 Employee now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or any way connected with Employee’s employment relationship with Company Bank or the separation termination of Employee’s employment or any other transactions, occurrence, actions, 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 releases, or any of them, committed or omitted prior to the date of this Agreement. Employee specifically understands and agrees that this waiver, release and discharge includes: (a) All claims arising under federal, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The Civil Rights Act of 1991; v. The Americans With Disabilities Act, as amended (ADA); vi. The Equal Pay Act; vii. The Family and Medical Leave Act; viii. The Worker’s Adjustment and Retraining Notification Act (WARN); ix. The Occupational Safety and Health Act; x. The South Dakota Human Relations Act and the fair employment practices laws of the state or states in which Employee has been employed by Company Bank or any of its subsidiaries or other affiliates; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate Employee, including any claim for wrongful discharge; (e) Claims for benefits including, without limitation, those arising under Employees’ Retirement Income Security Act of 1974; (f) For any other work related claim that may arise from or may be related to her employment, up to and through the date of this Agreement; and Employee agrees not to litigate any such claims except for breach or validity of this Agreement. Company Bank and Employee agree that by entering into this Agreement, Employee does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through the Separation Date, Employee represents and warrants that Employee has been paid all wages due and owing from CompanyBank, including but not limited to overtime, in accordance with the Fair Labor Standards Act, and has received any and all benefits for which Employee would be eligible under the Family and Medical Leave Act.

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee on behalf of Employee and Employee’s decedents, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Company Bank 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, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, 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 Employee now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or any way connected with Employee’s employment relationship with Company Bank or the separation termination of Employee’s employment or any other transactions, occurrence, actions, 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 releases, or any of them, committed or omitted prior to the date of this AgreementAgreement is executed by Employee. Employee specifically understands and agrees that this waiver, release and discharge includes: (a) All claims arising under federal, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The Civil Rights Act of 1991; v. The Americans With Disabilities Act, as amended (ADAamended(ADA); vi. The Equal Pay Act; vii. The Family and Medical Leave Act; viii. The Genetic Information Non-Discrimination Act; ix. The Worker’s Adjustment and Retraining Notification Act (WARN); ix. x. The Occupational Safety and Health Act; x. xi. The South Dakota Human Relations Act and the fair employment practices laws of the state or states in which Employee has been employed by Company or any of its subsidiaries or other affiliatesAct; xii. The Missouri Human Rights Act; xiii. The Missouri Equal Pay for Women Act: xiv. The Missouri Service Letter statute; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate Employee, including any claim for wrongful discharge; (e) Claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, equity or quasi-equity in any form, vacation, and severance that may be legally waived and released; (f) Claims for benefits including, without limitation, those arising under Employees’ Retirement Income Security Act of 1974; (fg) For any other work work-related claim that may arise from or may be related to her Employee’s employment, up to and through the date of this AgreementAgreement is executed by Employee; and Employee agrees not to litigate any such claims except for breach or validity of this Agreement. Company Bank and Employee agree that by entering into this Agreement, Employee does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through In addition, notwithstanding anything in this Agreement, Employee does not waive claims to receive any amounts owed to Employee under any applicable written equity award agreements, which will be determined and paid in accordance with the Separation Date, terms and conditions of any such agreements. Employee represents and warrants that Employee has been paid all wages due and owing from CompanyBank, including but not limited to overtime, in accordance with the Fair Labor Standards Act, and has received any and all benefits for which Employee would be eligible eligible, including under the Family and Medical Leave Act. The release provided by Employee in this Agreement does not include a release for any claim to challenge the release under the Age Discrimination in Employment Act (“ADEA”) or any rights that cannot be waived by operation of law. Employee further acknowledges and agrees that Employee has not filed, assigned to others the right to file, reported, or provided information to a government agency, nor are there pending, any complaints, charges, or lawsuits by or on Employee’s behalf against Bank or any Releasee with any governmental agency or any court, except for any filings, reports or information Employee may have made or provided pursuant to Section 21F of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) or other applicable whistleblower laws or regulations. In addition, Employee understands that nothing contained in this Agreement limits Employee’s ability to report (by way of filing a charge or complaint, or otherwise) possible violations of law or regulation, or make other legally-protected disclosures under applicable whistleblower laws or regulations (including pursuant to Section 21F of the Exchange Act), without notice to or consent from Bank, to the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board, the Occupational Safety and Health Administration, the Department of Justice, the Securities and Exchange Commission (the “SEC”) or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Agreement does not limit Employee’s ability to participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information to such Government Agencies, without notice to Bank. To the extent permitted by law, Employee agrees that Employee will not cause or encourage any future legal proceedings to be maintained or instituted against any Releasee. To the extent permitted by law, Employee agrees that Employee will not accept any monetary remedy or recovery arising from any charge filed or proceedings or investigation conducted by the EEOC or by any state or local human rights or employment rights enforcement agency relating to any of the matters released in this Agreement. However, nothing in this Agreement prohibits or shall be construed to prohibit Employee from receiving a reward from the SEC pursuant to Section 21F of the Exchange Act and the regulations thereunder or, to the extent required by law, from another government agency pursuant to another applicable whistleblower law or regulation in connection therewith.

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee Executive on behalf of Employee Executive and EmployeeExecutive’s decedents, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx sxx and fully releases and discharges Company the Meta Financial and each of 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, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, 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 hiddenhidden (collectively, “Claims”), which Employee Executive now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or any way connected with EmployeeExecutive’s employment relationship with the Company or the separation of EmployeeExecutive’s employment or any other transactions, occurrence, actions, 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 releases, or any of them, committed or omitted prior to the date of this Agreement. Employee Executive specifically understands and agrees that this waiver, release and discharge includes, without limitation: (a) All claims arising under federal, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The Civil Rights Act of 1991; v. The Americans With Disabilities Act, as amended (ADA); vi. The Equal Pay Act; vii. The Family and Medical Leave Act; viii. The Worker’s Adjustment and Retraining Notification Act (WARN); ix. The Occupational Safety and Health Act; x. The South Dakota Human Relations Act and the fair employment practices laws of the state or states in which Employee Executive has been employed by the Company or any of its subsidiaries or other affiliates; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate EmployeeExecutive, including any claim for wrongful discharge; (e) Claims for benefits includingbenefits, without limitation, including those arising under Employees’ the Employee Retirement Income Security Act of 1974; (f) Claims relating to the Employment Agreement or any money owed to Executive under that Employment Agreement, except to the extent incorporated in this Agreement by reference; and g) For any other work related claim that may arise from or may be related to her employment, arising up to and through the date of this Agreement; and Employee . Executive agrees not to litigate any such claims except for breach or validity of this Agreement. Nothing in this Agreement shall be construed to prohibit Executive from filing a charge with or participating in any investigation or proceeding conducted by any federal, state or local agency. The Company and Employee Executive agree that by entering into this Agreement, Employee Executive does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through the Separation Date, Employee represents and warrants that Employee has been paid all wages due and owing from Company, including but not limited to overtime, in accordance with the Fair Labor Standards Act, and has received any and all benefits for which Employee would be eligible under the Family and Medical Leave Act.

General Release and Discharge. Except for those obligations created by or arising out of this Agreement for which receipt or satisfaction has not been acknowledged herein, Employee on behalf of Employee herself and Employee’s decedentsher descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases and discharges Company Companies, and its parenttheir parents, subsidiaries 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 assigns, and successors, past and present present, and each of them, hereinafter together and collectively referred to as “Releasees,” ”, with respect to and from any and all claims, promises, sums of money, entitlements, compensation, benefits, employment and severance agreements, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgmentsjudgment, orders orders, and liabilities, liabilities of whatever kind or nature in law, equity equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee now owns or holds or has at any time heretofore owned or held as against said Releasees, arising out of or in any way connected with Employee’s employment relationship with Company Companies, or the separation of Employee’s voluntary resignation from employment or any other transactions, occurrenceoccurrences, actionsacts, or omissions or any loss, damage damage, or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission, omission by or on the part of said releasesReleasees, or any of them, committed or omitted prior to the date of this Agreement. Employee specifically understands and agrees that this waiver, release and discharge includes: (a) All claims arising under federalincluding but not limited to, state or local laws prohibiting employment discrimination such as, without limitation, i. The Age Discrimination in Employment Act (ADEA); ii. The Older Workers Benefit Protection Act (OWBPA); iii. Title VII of the Civil Rights Act of 1964; iv. The , as amended, the Civil Rights Act of 1991; v. The , the Civil Rights Act of 1866 (42 U.S.C. §1981), the Maine Human Rights Act, the Americans With with Disabilities Act, as amended (ADA); vi. The Equal Pay the Age Discrimination in Employment Act; vii. The Family and Medical Leave Act; viii. The Worker’s Adjustment and Retraining Notification , the Older Workers’ Benefit Protection Act (WARN); ix. The Occupational Safety and Health Act; x. The South Dakota Human Relations of 1990, the Rehabilitation Act and of 1973, the fair employment practices laws of the state or states in which Employee has been employed by Company or any of its subsidiaries or other affiliates; (b) Claims for breach of contract, either express or implied; (c) Claims for personal injury, harm or damages, whether intentional or unintentional; (d) Claims growing out of any legal restrictions on the right to terminate Employee, including any claim for wrongful discharge; (e) Claims for benefits including, without limitation, those arising under Employees’ Retirement Income Security Act of 1974; (f) For any other work related claim that may arise from or may be related to her employment, up to and through the date of this Agreement; and Employee agrees not to litigate any such claims except for breach or validity of this Agreement. Company and Employee agree that by entering into this Agreement, Employee does not waive claims that may arise after the date the Agreement is executed or any claim for COBRA continuation coverage rights or any vested rights under any applicable pension plan. Other than accrued but unpaid base salary through the Separation Date, Employee represents and warrants that Employee has been paid all wages due and owing from Company, including but not limited to overtime, in accordance with the Fair Labor Standards Maine Whistleblowers’ Protection Act, and has received any and all benefits for which Employee would be eligible under the Equal Pay Act, the Family and Medical Leave Act, Executive Order 11246, or any other claims arising under other federal, state, or local laws, any claims for invasion of privacy, defamation, or other injury resulting from any oral or written statement made by any of the Releasees, and any claims for infliction of emotional distress or other personal injury, any claims for non-payment of wages, severance pay, sick leave, holiday pay, vacation pay, overtime, bonus, or other compensation of any kind whatsoever, any claims for life insurance, group medical insurance, or other fringe benefits of any kind whatsoever. Expressly excluded from this Release are Employee’s rights, if any, as recognized under Paragraphs 4 (C), (D) and (E) above.