General Release by Employee. 4.1 In consideration for the Company’s entering into the Independent Contractor Agreement and the consideration paid thereunder, Employee voluntarily and knowingly waives, releases, and discharges the Company, its parent, predecessors, successors, subsidiaries, affiliates, employees, officers, directors, owners, agents and assigns (collectively “Released Parties”) from all claims, liabilities, demands, and causes of action, known or unknown, fixed or contingent, which Employee may have or claim to have against any of the Released Parties as a result of Employee’s employment, the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement. 4.2 Employee expressly waives any and all of his rights under Section 1542 of the Civil Code of the State of California (“Section 1542”) and under any statute, rule, or principle of common law or equity of any jurisdiction that is similar to Section 1542 (“similar provision”). Thus, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” For purposes of this waiver, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language of Section 1542, refer to Employee, and the term “debtor” refers to the Company and the Released Parties referred to herein and each of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in this Agreement, known or unknown, suspected or unsuspected and hereby expressly waives any rights he may have thereunder, as well as under any statutes or common law principles of similar effect. 4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Xxxxxxxx-Xxxxx Act; (2) claims for breach of contract, including the Employment Agreement; (3) claims for personal injury, harm, or other damages (whether intentional or unintentional, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacy, and other such claims); (4) claims growing out of any legal restrictions on the Company’s right to terminate its employees; (5) claims for wages or any other compensation; or (6) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage). 4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Company, the separation thereof, or the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against the Company or any of the Released Parties. Even if a court rules that Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation thereof, or his Employment Agreement, Employee agrees not to accept any money damages or any other relief in connection with any such lawsuit. Employee understands and agrees that this Agreement and General Release effectively waives any right he might have to xxx the Company or any of the Released Parties for any claim arising out of his employment, the Employment Agreement, or the separation of his employment. 4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.
Appears in 1 contract
General Release by Employee. 4.1 In consideration exchange for the Companypromises contained herein, Employee, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, for Employee, Employee’s entering into the Independent Contractor Agreement attorneys, successors and the consideration paid thereunderassigns (collectively “Releasors”), Employee voluntarily hereby releases and knowingly waives, releasesforever discharges Employer, and discharges the Company, its parent, predecessors, successors, subsidiaries, affiliates, employees, officers, directors, ownersshareholders, agents successors, predecessors, agents, attorneys, present employees and assigns past employees, and each of their respective subsidiaries, affiliates, officers, directors, shareholders, successors, predecessors, agents, attorneys, present employees and past employees (collectively “Released PartiesReleasees”) ), and each of them from any and all past, present and future claims, liabilities, demands, and causes of action, and liabilities of every kind and nature whatsoever, known or and unknown, fixed suspected or contingentunsuspected, which the Releasees ever had, now have, hereinafter can, shall or may have, from the beginning of time to the effective date hereof, including but not limited to any claims, demands, causes of action or liabilities which Employee may have or claim to have against any of the Released Parties as a result of Employee’s employmentcould assert at common law, the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement.
4.2 Employee expressly waives any and all of his rights under Section 1542 of the Civil Code of the State of California (“Section 1542”) and under by any statute, rule, regulation, ordinance or principle law, whether federal, state or local, or on any other grounds whatsoever, that pertain to or arise out of common law or equity the Employee’s employment with Employer, including but not limited to claims under the California Labor Code, California Government Code, the Employment Retirement Income Security Act of any jurisdiction that is similar to Section 1542 1974 (“similar provisionERISA”). Thus, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE29 U.S.C. § 1001, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORet seq.” For purposes of this waiver, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language of Section 1542, refer to Employee, and the term “debtor” refers to the Company and the Released Parties referred to herein and each of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in this Agreement, known or unknown, suspected or unsuspected and hereby expressly waives any rights he may have thereunder, as well as under any statutes or common law principles of similar effect.
4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000E et seq., the Age Discrimination In Employment Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Rehabilitation Act of 19911973, the Americans with Disabilities ActSection 1981 of Title 42 of United States Code, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Xxxxxxxx-Xxxxx Act; (2) claims for wrongful discharge, breach of contract, including the Employment Agreement; (3) claims for personal injurynegligence, harmimplied contract, or other damages (whether intentional or unintentionalquasi-contract, includingpromissory estoppel, without limitationimplied covenant of good faith and fair dealing, negligencebad faith and denial of existence of contract, defamation, misrepresentationinterference with contractual relationships, fraudinvasion of privacy, intentional infliction of emotional distress, assaultemployment discrimination, batteryretaliation, invasion of privacyfailure to prevent discrimination from occurring, fraud, and all other such claims); (4) claims growing out federal, state and local laws, ordinances, regulations or orders which relate in any way to employment, termination of any legal restrictions on the Company’s right to terminate its employees; (5) claims for wages or any other compensation; or (6) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage).
4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Company, the separation thereof, or the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against the Company or any of the Released Parties. Even if a court rules that Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation continuing effects thereof, or his Employment Agreement, Employee agrees not to accept any money damages or any other relief in connection with any such lawsuit. Employee understands and agrees that this Agreement and General Release effectively waives any right he might have to xxx the Company or any of the Released Parties for any claim arising out of his employment, the Employment Agreement, or the separation of his employment.
4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.
Appears in 1 contract
General Release by Employee. 4.1 In consideration exchange for the Company’s entering into promises contained herein, Employee, for good and valuable consideration, the Independent Contractor Agreement adequacy and the consideration paid thereunderreceipt of which is hereby acknowledged, Employee voluntarily for Employee, Employee's attorneys, successors and knowingly waivesassigns (collectively "Releasers"), releaseshereby releases and forever discharges Employer, and discharges the Company, its parent, predecessors, successors, subsidiaries, affiliates, employees, officers, directors, ownersshareholders, agents agents, attorneys, present employees and assigns past employees, and their successors, heirs, executors and administrators (collectively “Released Parties”) "Releasees"), and each of them from any and all past, present and future claims, liabilities, demands, and causes of action, and liabilities of every kind and nature whatsoever, known or and unknown, fixed suspected or contingentunsuspected, which the Releasors ever had, now have, hereinafter can, shall or may have, from the beginning of time to the effective date hereof, including but not limited to any claims, demands, causes of action or liabilities which Employee may have or claim to have against any of the Released Parties as a result of Employee’s employmentcould assert at common law, the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement.
4.2 Employee expressly waives any and all of his rights under Section 1542 of the Civil Code of the State of California (“Section 1542”) and under by any statute, rule, regulation, ordinance or principle of common law law, whether federal, state or equity of any jurisdiction that is similar to Section 1542 (“similar provision”). Thuslocal, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any other grounds whatsoever, that pertain to or arise out of the Employee's employment with Employer, including but not limited to claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASEunder the California Labor Code, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” For purposes of this waiverCalifornia Government Code, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language Employment Retirement Income Security Act of Section 15421974 ("ERISA"), refer to Employee29 U.S.C. ss. 1001, and the term “debtor” refers to the Company and the Released Parties referred to herein and each of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in this Agreement, known or unknown, suspected or unsuspected and hereby expressly waives any rights he may have thereunder, as well as under any statutes or common law principles of similar effectet seq.
4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, 42 U.S.C. ss. 2000E et seq., the Age Discrimination In Employment Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Rehabilitation Act of 19911973, the Americans with Disabilities ActSection 1981 of Title 42 of United States Code, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Xxxxxxxx-Xxxxx Act; (2) claims for wrongful discharge, breach of contract, including the Employment Agreement; (3) claims for personal injurynegligence, harmimplied contract, or other damages (whether intentional or unintentionalquasi-contract, includingpromissory estoppel, without limitationimplied covenant of good faith and fair dealing, negligencebad faith and denial of existence of contract, defamation, misrepresentationinterference with contractual relationships, fraudinvasion of privacy, intentional infliction of emotional distress, assaultemployment discrimination, batteryretaliation, invasion of privacyfailure to prevent discrimination from occurring, fraud, and all other such claims)federal, state and local laws, ordinances, regulations or orders which relate in any way to employment, termination of employment or the continuing effects thereof; (4) claims growing out of any legal restrictions on provided, however, that notwithstanding the Company’s right to terminate its employees; (5) claims for wages or any other compensation; or (6) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage).
4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Companyforegoing, the separation thereofIndemnity Agreement between Employer and Employee, or the Employment Agreementdated as of May 4, or 2004 shall continue in full force and effect pursuant to participate voluntarily in any employment-related claim brought by any other party against the Company or any of the Released Parties. Even if a court rules that its terms and Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation thereof, or his Employment Agreement, Employee agrees not shall continue to accept any money damages or any other relief in connection with any such lawsuit. Employee understands have all rights and agrees that this Agreement and General Release effectively waives any right he might have to xxx the Company or any of the Released Parties obligations provided for any claim arising out of his employment, the Employment Agreement, or the separation of his employmentthereunder.
4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.
Appears in 1 contract
General Release by Employee. 4.1 In consideration for certain severance benefits from Questcor Pharmaceuticals, Inc. (“Questcor”) under the Company’s entering into offer letter amendment (the Independent Contractor Agreement “Letter Amendment”) between Questcor and ___(“Employee”) and other valuable consideration, the consideration paid thereunderreceipt and adequacy of which are hereby acknowledged, Employee voluntarily does hereby release and knowingly waivesforever discharge the “Company Releasees” herein, releasesconsisting of Questcor and each of Questcor’s parents, subsidiaries, and discharges the Companyaffiliates, its parentassociates, members, owners, stockholders, predecessors, successors, subsidiariesheirs, affiliatesassigns, employees, officersagents, directors, ownersofficers, agents partners, representatives, lawyers, and assigns (collectively “Released Parties”) all persons acting by, through, under, or in concert with them, or any of them, of and from any and all claimsmanner of action or actions, causes or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, and causes damages, losses, costs or expenses, of actionany nature whatsoever, known or unknown, fixed or contingentcontingent (hereinafter called “Claims”), which Employee may they now have or claim to may hereafter have against any the Releasees by reason of the Released Parties as a result of Employee’s employment, the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement.
4.2 Employee expressly waives any and all of his rights under Section 1542 of acts, omissions, events or facts occurring or existing prior to the Civil Code of the State of California (“Section 1542”) and under date hereof, except as expressly provided herein. The Claims released hereunder include, without limitation, any statute, rule, or principle of common law or equity alleged breach of any jurisdiction that is similar employment agreement; any alleged breach of any covenant of good faith and fair dealing, express or implied; any alleged torts or other alleged legal restrictions relating to Section 1542 (“similar provision”). Thus, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” For purposes of this waiver, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language of Section 1542, refer to Employee, ’s employment and the term “debtor” refers to the Company termination thereof; and the Released Parties referred to herein and each any alleged violation of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in this Agreement, known or unknown, suspected or unsuspected and hereby expressly waives any rights he may have thereunder, as well as under any statutes or common law principles of similar effect.
4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, state or local laws regarding employment statute or prohibiting employment discrimination such asordinance including, without limitation, Title VII of the Civil Rights Act of 1964, the Equal Pay Actas amended, the Federal Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Act of 19911967, as amended, the Americans with Disabilities Act, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Actas amended, the Family and Medical Leave Act, as amended, the Sxxxxxxx-Xxxxx Act, as amended, the California Fair Employment and Housing Act, the Xxxxxxxx-Xxxxx Act; (2) claims for breach of contract, including the Employment Agreement; (3) claims for personal injury, harm, or other damages (whether intentional or unintentional, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacyas amended, and other such claims); (4) claims growing out of any legal restrictions on the CompanyCalifornia Family Right Act, as amended. This Release shall also not apply to Employee’s right to terminate retirement and/or employee welfare benefits that have vested and accrued prior to his separation from employment with Questcor and its employees; (5) claims for wages or any other compensationparents, subsidiaries and affiliates; or (6) claims for benefits including, without limitation, those arising Employee’s rights to indemnification under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage).
4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Company, the separation thereof, or the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against the Company or any Section 2802 of the Released Parties. Even if a court rules that Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation thereof, or his Employment Agreement, Employee agrees not to accept any money damages or any other relief in connection with any such lawsuit. Employee understands and agrees that this Agreement and General Release effectively waives any right he might have to xxx the Company or any of the Released Parties for any claim arising out of his employment, the Employment Agreement, or the separation of his employmentCalifornia Labor Code.
4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.
Appears in 1 contract
General Release by Employee. 4.1 In consideration Except for the Company’s entering into the Independent Contractor Agreement and the consideration paid thereunder“Claims Not Released” as defined below, Employee voluntarily hereby fully and knowingly forever releases, waives, releasesdischarges, and discharges the Companypromises not to sue or otherwise institute or cause to be instituted any charges, complaints, claims, or legal proceedings against GPC, along with its parentpast or present parents and related companies, predecessors, successorsdivisions, subsidiaries, affiliates, employeespartners, joint ventures, direct and indirect owners, as well as any of its officers, agents, directors, ownersshareholders, agents board members, principals, partners, trustees, supervisors, employees (current and assigns former), contractors, representatives, benefit plan fiduciaries, attorneys, clients, insurers, and legal predecessors, successors, heirs, executors, administrators, assigns, and all persons acting by, through, under, or in concert with any of them (collectively the “Released Parties”) from with respect to any and all liabilities, claims, liabilitiesdemands, demandscontracts, debts, obligations, and causes of actionaction of any nature, kind, and description, whether in law, equity or otherwise, whether known or unknown, fixed or contingent, which Employee ever had, now has, or may have or claim to might in the future have against any of the Released Parties as a result Parties, arising out of Employee’s employmentevents, acts or omissions occurring at any time before the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement.
4.2 moment Employee expressly waives any and all of his rights under Section 1542 of the Civil Code of the State of California (“Section 1542”) and under any statute, rule, or principle of common law or equity of any jurisdiction that is similar to Section 1542 (“similar provision”). Thus, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” For purposes of this waiver, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language of Section 1542, refer to Employee, and the term “debtor” refers to the Company and the Released Parties referred to herein and each of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in signs this Agreement, known including, but not limited to any matter, cause, or unknownclaim arising out of or related to facts or events occurring prior to the execution of this Agreement and/or arising from and relating to Employee’s employment with GPC, suspected or unsuspected the termination therefrom, including, but not limited to all claims and hereby expressly waives any rights he may have thereunder, as well as causes of action arising under any statutes or common law principles of similar effect.
4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, or local laws regarding employment law or prohibiting employment discrimination such asstatute, including without limitationlimitation those arising under the Fair Labor Standards Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, Section 1981 through 1988 of Title 42 of the Equal Pay United States Code, Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Fair Employment and Housing National Labor Relations Act, the Xxxxxxxx-Xxxxx Fair Credit Reporting Act; (2) claims for breach of contract, including the Employment Agreement; (3) claims for personal injury, harm, or other damages (whether intentional or unintentional, including, without limitation, negligence, defamation, misrepresentation, fraud, intentional infliction of emotional distress, assault, battery, invasion of privacy, and other such claims); (4) claims growing out of any legal restrictions on the Company’s right to terminate its employees; (5) claims for wages or any other compensation; or (6) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage).
4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Company, the separation thereof, or the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against the Company or any of the Released Parties. Even if a court rules that Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation thereof, or his Employment Agreement, Employee agrees not to accept any money damages or any other relief in connection with any such lawsuit. Employee understands and agrees that this Agreement and General Release effectively waives any right he might have to xxx the Company or any of the Released Parties for any claim arising out of his employment, the Employment Agreement, or the separation of his employment.
4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.Worker Adjustment and
Appears in 1 contract
General Release by Employee. 4.1 In consideration For good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, for the CompanyEmployee, Employee’s entering into the Independent Contractor Agreement attorneys, successors and the consideration paid thereunderassigns (collectively “Releasors”), Employee voluntarily hereby releases and knowingly waives, releasesforever discharges Employer, and discharges the Company, its parent, predecessors, successors, subsidiaries, affiliates, employees, officers, directors, ownersshareholders, agents successors, predecessors, agents, attorneys, present employees and assigns past employees, and each of their respective subsidiaries, affiliates, officers, directors, shareholders, successors, predecessors, agents, attorneys, present employees and past employees, heirs, executors, and personal representatives (collectively “Released PartiesReleasees”) ), and each of them from any and all past, present and future claims, liabilities, demands, and causes of action, and liabilities of every kind and nature whatsoever, known or and unknown, fixed suspected or contingentunsuspected, which the Releasees ever had, now have, hereinafter can, shall or may have, from the beginning of time to the effective date hereof, including but not limited to any claims, demands, causes of action or liabilities which Employee may have or claim to have against any of the Released Parties as a result of Employee’s employmentcould assert at common law, the separation of such employment, the termination of the Employment Agreement, Employee’s investment in the Company, the Redemption (as defined in the Merger Agreement), the Liquidation (as defined in the Merger Agreement), and/or as a result of any other matter arising through the Effective Date of this Agreement.
4.2 Employee expressly waives any and all of his rights under Section 1542 of the Civil Code of the State of California (“Section 1542”) and under by any statute, rule, regulation, ordinance or principle law, whether federal, state or local, or on any other grounds whatsoever, that pertain to or arise out of common law or equity the Employee’s employment with Public Storage, including but not limited to claims under the California Labor Code, California Government Code, the Employment Retirement Income Security Act of any jurisdiction that is similar to Section 1542 1974 (“similar provisionERISA”). Thus, Employee acknowledges that he may not invoke the benefits of Section 1542 or any similar provision in order to prosecute or assert in any manner any claims released in this Agreement. Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE29 U.S.C. § 1001, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORet seq.” For purposes of this waiver, the terms “creditor,” “his” and “him,” as used and referred to in the above-quoted language of Section 1542, refer to Employee, and the term “debtor” refers to the Company and the Released Parties referred to herein and each of them. Employee, being aware of Section 1542, recognizes and understands that Section 1542 applies to and covers all claims released in this Agreement, known or unknown, suspected or unsuspected and hereby expressly waives any rights he may have thereunder, as well as under any statutes or common law principles of similar effect.
4.3 Employee agrees that this waiver, release and discharge includes, but is not limited to: (1) claims arising under federal, state, or local laws regarding employment or prohibiting employment discrimination such as, without limitation, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000E et seq., the Age Discrimination In Employment Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Civil Rights Rehabilitation Act of 19911973, the Americans with Disabilities ActSection 1981 of Title 42 of United States Code, the Workers Adjustment Retraining Notification Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Xxxxxxxx-Xxxxx Act; (2) claims for wrongful discharge, breach of contract, including the Employment Agreement; (3) claims for personal injurynegligence, harmimplied contract, or other damages (whether intentional or unintentionalquasi-contract, includingpromissory estoppel, without limitationimplied covenant of good faith and fair dealing, negligencebad faith and denial of existence of contract, defamation, misrepresentationinterference with contractual relationships, fraudinvasion of privacy, intentional infliction of emotional distress, assaultemployment discrimination, batteryretaliation, invasion of privacyfailure to prevent discrimination from occurring, fraud, and all other such claims); (4) claims growing out federal, state and local laws, ordinances, regulations or orders which relate in any way to employment, termination of any legal restrictions on the Company’s right to terminate its employees; (5) claims for wages or any other compensation; or (6) claims for benefits including, without limitation, those arising under the Employee Retirement Income Security Act (excluding a claim for COBRA continuation coverage).
4.4 Employee further agrees not to file a suit of any kind against the Company and/or the Released Parties relating to his employment at the Company, the separation thereof, or the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against the Company or any of the Released Partiescontinuing effects thereof. Even if a court rules that If Employee may file a lawsuit against the Company or any of the Released Parties arising from his employment, the separation thereof, or his Employment Agreementsigns this Addendum, Employee agrees not to accept any money damages or any other relief in connection with any such lawsuit. Employee understands will forever give up all rights and agrees claims that this Agreement and General Release effectively waives any right he might may have to xxx the Company or any of the Released Parties for any claim arising arisen out of his employmentEmployment, including the waiver and release of all discrimination claims. The Federal Age Discrimination In Employment AgreementAct requires that employers give certain notices to employees (including ex-employees) involved in claims that may include age discrimination. Pursuant to the Federal Age Discrimination In Employment Act, or Employer hereby notifies Employee of the separation of his employment.
4.5 This release does not extend to any rights or remedies that Employee may have against the Company under the terms of this Agreement.following employee rights:
Appears in 1 contract