GENERAL RELEASE BY COMPANY. The Company and its affiliates each does hereby fully, finally and completely release Executive from any and all Claims of any kind or nature arising out of the Executive’s employment with the Company arising from, relating to, or in any way connected with any facts or events occurring on or before the date of the Termination Release, provided, however, that the Executive is not released or discharged from his continuing obligations contained in the Termination Release, the Agreement, or in any other agreement with the Company.
GENERAL RELEASE BY COMPANY. Subject to Paragraph 13, the Company (on behalf of itself and the other Ashford Companies) does hereby fully, finally and completely release the Executive from any and all Claims of any kind or nature arising out of the Executive’s employment with the Company arising from, relating to, or in any way connected with any facts or events occurring on or before the date of the Termination Release, provided, however, that the Executive is not released or discharged from his Continuing Obligations (defined below). This General Release by the Company also does not waive or release any right to enforce this Termination Release or any rights that cannot by law be released.
GENERAL RELEASE BY COMPANY. Except with respect to the Executive’s obligations set forth in this Agreement (and except for any claims that cannot be waived by law or any act of Executive determined by a court of competent jurisdiction to be a criminal act), Company hereby releases, acquits and forever discharges the Executive, her heirs, attorneys, agents (each, a “Released Party” and collectively the “Released Parties”), of, from and against all claims, charges, complaints, liabilities, obligations, promises, agreements, contracts, damages, actions, causes of action, suits, accrued benefits or other liabilities it has or may have as of the date it executes this Release Agreement of any kind or character, in law or in equity, whether known or unknown, foreseen or unforeseen, vested or contingent, matured or unmatured, suspected or unsuspected, that may now or hereafter at any time be made or brought against any Released Party, arising from or in any way connected with or related to the Executive’s employment with the Company and/or the Executive’s termination of employment with the Company, including, but not limited to, all matters and claims stated and referred to in the July 11, 2016 letter from Xxxxxxxx & Xxxxxxxx LLP to Xxxxxxx X. Xxxxx.
GENERAL RELEASE BY COMPANY. Except for the agreements, covenants, understandings and representations contained herein, the Company, and its present and future directors, officers, managers, agents, employees, attorneys, representatives, in their respective capacities as such, and parent corporations, subsidiaries, predecessors, successors and assigns, if any, for and in consideration of the provisions of this Termination Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby waive, release and forever discharge Executive, his heirs, executors, attorneys, accountants, representatives and assigns, if any, of and from any and all claims, causes of action, damages, attorneys' fees, costs and all other liability of any kind or description whatsoever, either in law or in equity, whether known or unknown, suspected or unsuspected, including without limitation, any claims of breach of express or implied contract, and claims of business defamation, based on any acts or omissions of the Executive, whether in his capacity as an employee, officer or director of the Company, or otherwise, that it now has, or may have or claim to have in the future, arising from the beginning of time up to and including the Effective Date, and does hereby covenant not to file, and not to authorize the filing of, on its behalf, by any other person or entity, any administrative claim or lawsuit to assert any such claim.
GENERAL RELEASE BY COMPANY a. In consideration of Executive’s release set forth in paragraph 1 hereon, the Company, on behalf of itself and its subsidiaries and their respective successors and assigns, knowingly and voluntarily releases, remises, and forever discharges Executive, to the fullest extent permitted by law, from any and all Claims, which the Company ever had, now has, or may hereafter claim to have against Executive by reason of any matter, cause or thing whatsoever arising from the beginning of time to the time he signs this Agreement (the “General Release”). The General Release shall apply to any Claim of any type, including, without limitation, any Claims the Company may have arising under any federal, state or local statutes, regulations, ordinances or common law, or under any policy, agreement, contract, understanding or promise, written or oral, formal or informal, between the Company and Executive, and shall further apply, without limitation, to any and all Claims in connection with, related to or arising out of Executive’s employment relationship, or the termination of his employment, with the Company.
b. The Company intends that this general release extend to any and all Claims of any kind or character related to Executive, and the Company, on behalf of itself and its subsidiaries, affiliates, successors and assigns, therefore expressly waives any and all rights granted by federal or state law or regulation that may limit the release of unknown claims.
c. The Company represents and warrants that the Company has not filed, and the Company will not file, any lawsuit or institute any proceeding, charge, complaint or action asserting any claim released by this Agreement before any federal, state, or local administrative agency or court against Executive, concerning any event occurring prior to the signing of this Agreement. The Company also hereby agrees that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by Executive.
d. Nothing in this Section 2 shall be deemed to release (i) the Company’s and its affiliates’ rights to enforce the terms of this Agreement or the Employment Agreement (other than the claims released hereunder), or (ii) any claim that cannot be waived under applicable law.
GENERAL RELEASE BY COMPANY. For and in consideration of the mutual releases and other consideration to be received by Mill Services Corporation (the “Company”) pursuant to the provisions of that certain Employment Agreement by and between Xxxxxxx X. Kalouche (the “Executive”) and the Company made and entered into as of November , 2004 (the “Agreement”), and in connection with the termination of the Executive’s employment with the Company and its affiliates effective , the Company and its subsidiaries and affiliates, their officers, directors, shareholders, partners, employees and agents, their respective successors, predecessors and assigns, heirs, executors and administrators (hereinafter collectively referred to as the “Company Releases”) do hereby REMISE, RELEASE, AND FOREVER DISCHARGE the Executive, his heirs, assigns, attorneys, representatives, insurers, family, executors, administrators, trustees, accountants, and other agents and representatives of any kind, if any, of and from any and all manner of actions and causes of actions, suits, debts, claims and demands whatsoever in law or in equity, which the Company ever had, now has, or hereafter may have, or which the Company’s successors, predecessors and assigns hereafter may have, by reason of any matter, cause or thing whatsoever from the beginning of the Executive’s employment with the Company or the Company’s Releases to the date of these presents (the “Company Claims”).
GENERAL RELEASE BY COMPANY. The Company hereby knowingly and voluntarily releases Cxxxxxxxx from any and all causes of action, in law or equity, the Company now has, may have or ever had, whether known or unknown, from the beginning of the world to this date, and specifically agrees to not pursue any claims against Cxxxxxxxx for any of his actions known to the Company that were: i) taken by him during his employment with the Company; ii) within the normal course of his job duties; and iii) within the scope of his business authority as authorized by the Company and its Board of Directors and provided that such business authority was exercised in accordance with the policies and practices of the Company.
GENERAL RELEASE BY COMPANY. The Company hereby knowingly and voluntarily releases Pxxxx from any and all causes of action, in law or equity, the Company now has, may have or ever had, whether known or unknown, from the beginning of the world to this date, and specifically agrees to not pursue any claims against Pxxxx for any of his actions known to the Company that were: i) taken by him during his employment with the Company; ii) within the normal course of his job duties; and iii) within the scope of his business authority as authorized by the Company and its Board of Directors and provided that such business authority was exercised in accordance with the policies and practices of the Company.
GENERAL RELEASE BY COMPANY. Company agrees to and does hereby forever release and discharge the Individual and his heirs and assigns, from any and all claims, debts, promises, agreements, demands, causes of action, attorneys’ fees, losses and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement or arising out of or in connection with Individual’s employment and termination of employment from the Company or any affiliate of the Company. This total release to the extent permitted by law includes, but is not limited to, all claims or liability arising directly or indirectly from Individual’s employment with the Company, service as an officer of the Company and the termination of that employment and from payroll tax deficiencies and penalties that the IRS may impose on any “Responsible Party” in his individual capacity. The parties acknowledge and agree that it was the responsibility of previous CFO, Exxx Xxxxxxx, to process payroll prior to his termination Individual was not given full access to process the Company’s payroll until after Exxx Xxxxxxx’x termination date.
GENERAL RELEASE BY COMPANY. In consideration for Xxxx'x releases and agreements contained in this Agreement and upon receipt of a fully executed copy of this Agreement by the Company and the expiration of the waiting period set forth in ARTICLE 7 without revocation of this Agreement, Company forever releases and discharges Xxxx and each of Xxxx'x heirs, beneficiaries, successors, assigns, agents, employees, executors, administrators, and representatives from any and all claims and causes of action arising before the Effective Date of this Agreement, whether known or unknown and including, but not limited to, all claims arising out of Xxxx'x employment with Company or arising out of any act or omission Xxxx made in good faith as an officer and director of Company; provided, however, Company's release does not include a release for any liability or obligation arising under this Agreement, or arising from any fraud or willful misconduct by Xxxx or a breach of this Agreement.
