Common use of General Release by Employee Clause in Contracts

General Release by Employee. Except for the “Claims Not Released” as defined below, Employee hereby fully and forever releases, waives, discharges, and promises not to sue or otherwise institute or cause to be instituted any charges, complaints, claims, or legal proceedings against GPC, along with its past or present parents and related companies, divisions, subsidiaries, affiliates, partners, joint ventures, direct and indirect owners, as well as any of its officers, agents, directors, shareholders, board members, principals, partners, trustees, supervisors, employees (current and 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 (the “Released Parties”) with respect to any and all liabilities, claims, demands, contracts, debts, obligations, and causes of action of any nature, kind, and description, whether in law, equity or otherwise, whether known or unknown, which Employee ever had, now has, or may or might in the future have against the Released Parties, arising out of events, acts or omissions occurring at any time before the moment Employee signs this Agreement, including, but not limited to any matter, cause, or claim 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, or the termination therefrom, including, but not limited to all claims and causes of action arising under any federal, state, or local law or statute, including without limitation 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 United States Code, Employee Retirement Income Security Act, Family and Medical Leave Act, National Labor Relations Act, Fair Credit Reporting Act, Worker Adjustment and

Appears in 1 contract

Samples: Neill Separation Agreement (Genuine Parts Co)

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General Release by Employee. Except In consideration of this Agreement and payments provided for the “Claims Not Released” as defined belowherein, Employee hereby fully and forever releasesWAIVES, waives, discharges, and promises not to sue or otherwise institute or cause to be instituted any charges, complaints, claims, or legal proceedings against GPC, along with RELEASES AND FOREVER DISCHARGES Company (including all of its past or present parents and related companies, divisionsrespective parents, subsidiaries, operating divisions, and affiliates), partners, joint ventures, direct and indirect owners, as well as any of its officers, agents, directors, shareholderseach such entity’s present or former trustees, board members, principalsofficers, directors, partners, trusteesemployees, supervisorsor agents, employees (current and former)along with their heirs, contractors, legal representatives, benefit plan fiduciaries, attorneys, clients, insurers, successors and legal predecessors, successors, heirs, executors, administrators, assigns, and all persons acting by, through, under, or in concert with any of them assigns (collectively “the Released Parties”) with respect to ), from any and all liabilities, claims, demands, causes of action, contracts, warranties, covenants, debts, obligationsdues, damages, demands and causes of action of any naturerights, kind, and description, in law or in equity (whether in law, equity or otherwise, whether known or unknown, which not Employee ever had, now has, or may or might in the future have against the Released Parties, arising out of events, acts or omissions occurring at any time before the moment Employee signs this Agreementknows them to exist), including, but not limited to without limitation: any matter, cause, or claim 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, or the termination therefrom, including, but not limited to all claims and causes of action arising under any federal, state, or local law or statute, including without limitation those arising under the Fair Labor Standards Act, Americans with Disabilities Act, based on Title VII of the Civil Rights Act of 1964, Section 1981 through 1988 the Civil Rights Act of Title 42 1866, the Civil Rights Act of 1991, the United States Code, Employee Retirement Income Security Americans With Disabilities Act, Family and Medical Leave the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Equal Pay Act, the National Labor Relations Act, Fair Credit Reporting the Employee Retirement Income Security Act of 1974, Sections 503 and 504 of the Rehabilitation Act of 1973, the Worker Adjustment Retraining and Notification Act, Worker Adjustment andand the Sarbanes Oxley Act of 2002, all as amended; any claims under the Texas Commission on Human Rights Act, Texas civil rights law, or Texas whistleblower statutes; and any claims based on any other federal, state and local anti-discrimination, labor or employment laws or regulations that Employee ever had or may now have (up to the date he signs this Agreement) against the Released Parties. Employee also specifically releases and discharges any claims he may have based upon any employment agreement with Company or any of the Released Parties. This release includes, but is not limited to, any and all rights under the Prior Employment Agreement, including rights which would arise from termination of employment thereunder. To the fullest extent permitted by law, Employee PROMISES NOT TO XXX or bring any lawsuit related to the claims Employee is waiving by this Agreement against Company and/or related persons in the future, individually or as a member of a class, and Employee will immediately withdraw with prejudice any such lawsuit that Employee may have initiated before the effective date of this Agreement. Employee acknowledges that although this provision prohibits Employee from filing or maintaining a lawsuit concerning claims covered by this Agreement, it does not prohibit Employee from lodging a charge or complaint with any governmental agency. This Agreement and General Release and Employee’s promise not to xxx is binding on Employee, Employee’s heirs, legal representatives and assigns.

Appears in 1 contract

Samples: Release and Severance Agreement (Glori Energy Inc.)

General Release by Employee. Except In consideration for the “Claims Not Released” as defined belowthis Agreement, ----------------------------- Employee hereby fully releases and forever releases, waives, discharges, discharges Companies and promises not to sue or otherwise institute or cause to be instituted any charges, complaints, claims, or legal proceedings against GPC, along with its past or present parents and related companies, divisions, subsidiaries, affiliates, partners, joint ventures, direct and indirect owners, as well as any of its officers, agents, directors, shareholders, board members, principals, partners, trustees, supervisors, employees (current and former), contractors, representatives, benefit plan fiduciaries, attorneys, clients, insurers, and legal their respective predecessors, successors, heirs, executors, administratorspartners, assigns, employees, shareholders, owners, officers, directors, agents, attorneys, subsidiaries, divisions, and all persons acting by, through, under, or in concert with any of them affiliates (the “jointly referred to as "Employee's Released Parties") with respect to from any and all liabilities, claims, demands, contracts, debtscauses of action, obligations, damages, attorneys' fees, costs and causes of action liabilities of any nature, kind, and descriptionnature whatsoever ("Claims"), whether in lawor not now known, equity suspected or otherwise, whether known or unknownasserted, which Employee ever had, now has, may have or may or might in the future claim to have against the Released PartiesParties relating in any manner to Employee's employment with Companies and/or the termination of such employment, other than those claims arising by reason of Employee's rights under this Agreement and Benefit Plans of the Companies under this Agreement, and hereby covenants not to assert any such released Claims through a lawsuit, an administrative proceeding or otherwise. This General Release includes, but is not limited to, claims arising under federal, state or local laws prohibiting employment discrimination or claims arising out of events, acts or omissions occurring at any time before the moment Employee signs this Agreement, including, but not limited legal restrictions on Company's rights to any matter, cause, or claim 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, or the termination therefrom, including, but not limited to all claims and causes of action arising under any federal, state, or local law or statuteterminate its employees, including without limitation those arising under the Fair Labor Standards Act, Americans with Disabilities ActAge Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991. Except as specifically provided herein in Section 1981 through 1988 of Title 42 4 or elsewhere, nothing in this Section 8 or Section 9 shall affect in any way, apply to, increase, or diminish, any rights which Employee has with respect to benefits under Benefit Plans that have accrued and vested as of the United States CodeEffective Date. Nothing in this Agreement shall affect in any way, apply to, increase or diminish, any rights which Employee Retirement Income Security Actmay have with respect to coverage by Companies' liability insurance policies, Family including directors and Medical Leave Actofficers liability coverages, National Labor Relations Actor Company's or Unocal's defense or indemnification of Employee during and after his employment with the Companies, Fair Credit Reporting Act, Worker Adjustment andor service as an officer or director thereof for acts or omissions occurring during the term of his employment with Company or the term of his service as an officer or director.

Appears in 1 contract

Samples: Termination and Employment Agreement and Release (Unocal Corp)

General Release by Employee. Except In consideration for the “Claims Not Released” as defined belowthis Agreement, Employee hereby fully releases and forever releases, waives, discharges, discharges Companies and promises not to sue or otherwise institute or cause to be instituted any charges, complaints, claims, or legal proceedings against GPC, along with its past or present parents and related companies, divisions, subsidiaries, affiliates, partners, joint ventures, direct and indirect owners, as well as any of its officers, agents, directors, shareholders, board members, principals, partners, trustees, supervisors, employees (current and former), contractors, representatives, benefit plan fiduciaries, attorneys, clients, insurers, and legal their respective predecessors, successors, heirs, executors, administratorspartners, assigns, employees, shareholders, owners, officers, directors, agents, attorneys, subsidiaries, divisions, and all persons acting by, through, under, or in concert with any of them affiliates (the “jointly referred to as "Employee's Released Parties") with respect to from any and all liabilities, claims, demands, contracts, debtscauses of action, obligations, damages, attorneys' fees, costs and causes of action liabilities of any nature, kind, and descriptionnature whatsoever ("Claims"), whether in lawor not now known, equity suspected or otherwise, whether known or unknownasserted, which Employee ever had, now has, may have or may or might in the future claim to have against the Released PartiesParties relating in any manner to Employee' employment with Companies and/or the termination of such employment, other than those claims arising by reason of Employee's rights under this Agreement and Benefit Plans of the Companies under this Agreement, and hereby covenants not to assert any such released Claims through a lawsuit, an administrative proceeding or otherwise. This General Release includes, but is not limited to, claims arising under federal, state or local laws prohibiting employment discrimination or claims arising out of events, acts or omissions occurring at any time before the moment Employee signs this Agreement, including, but not limited legal restrictions on Company's rights to any matter, cause, or claim 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, or the termination therefrom, including, but not limited to all claims and causes of action arising under any federal, state, or local law or statuteterminate its employees, including without limitation those arising under the Fair Labor Standards Act, Americans with Disabilities ActAge Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, Section 1981 through 1988 and the Civil Rights Act of Title 42 1991. Except as specifically provided herein, nothing in this Agreement shall affect in any way, apply to, increase, or diminish, any rights which Employee has with respect to benefits under Benefit Plans that have accrued and vested as of the United States CodeEffective Date. Nothing in this Agreement shall affect in any way, apply to, increase or diminish, any rights which Employee Retirement Income Security Actma have with respect to coverage by Companies' liability insurance policies, Family including directors and Medical Leave Actofficers liability coverages, National Labor Relations Actor Company's or Unocal's defense or indemnification of Employee during and after his employment with the Companies, Fair Credit Reporting Act, Worker Adjustment andor service as an officer or director thereof for acts or omissions occurring during the term of his employment with Company or the term of his service as an officer or director.

Appears in 1 contract

Samples: Termination and Employment Agreement and Release (Unocal Corp)

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General Release by Employee. Except for the “Claims Not Released” as defined below, Employee hereby fully and forever releasesreleases and discharges the Company, waivesits benefit plans, dischargesofficers, and promises not to sue or otherwise institute or cause to be instituted any chargesdirectors, complaintsemployees, claimsagents, or legal proceedings against GPC, along with its past or present parents and related companies, divisions, subsidiariesmembers, affiliates, partnersparent entities, joint ventures, direct successors and indirect owners, as well as any of its officers, agents, directors, shareholders, board members, principals, partners, trustees, supervisors, employees (current and 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 (the “Released Parties”) with respect to any and all liabilities, assigns from liability for claims, demands, contracts, debts, obligations, and causes of action and obligations of any nature, kind, and description, whether in law, equity or otherwise, whether known or unknown, which Employee ever had, now has, or may or might in the future have against the Released Parties, arising out of events, acts or omissions occurring at any time before the moment Employee signs this Agreementevery nature whatsoever, including, but not limited to any matterwithout limitation, causeclaims of negligence, or claim arising out breach of or related to facts or events occurring prior to the execution contract, wrongful discharge, intentional torts, defamation, and violation of this Agreement and/or arising from and relating to Employee’s employment with GPC, or the termination therefrom, including, but not limited to all claims and causes of action arising under any federal, state, state or local law or statutelaws, including without limitation those arising under among which are laws which prohibit discrimination on the Fair Labor Standards Actbasis of race, Americans with Disabilities Actcolor, national origin, religion, sex, age, disability and other protected traits, such as the Title VII of the Civil Rights Act of 19641964 and the California Fair Employment and Housing Act. This release covers claims, Section 1981 through 1988 of Title 42 known or unknown, which are based upon any act, event or failure to act which occurred before the date on which this Agreement is signed and becomes effective, except (i) claims for vested Options or vested pension benefits, (ii) claims for any compensation, benefits, payments or other consideration which Employee is entitled to receive under this Agreement or (iii) claims for indemnification for actions taken by Employee while an employee and/or officer of the United States CodeCompany including, but not limited to, claims for indemnification pursuant to the by-laws of LECG Corporation and that certain Indemnification Agreement entered into between the Employee Retirement Income Security and the Company dated October 6, 2003. For purposes of clarification, the Company acknowledges that it is obligated to indemnify Employee for any actions taken while he was an employee of the Company. Employee expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, or any analogous state or federal law and does so understanding and acknowledging the significance of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release, the parties expressly acknowledge that this Agreement is intended to include in its effect, without limitation, all claims which the Employee does not know or suspect to exist at the time this Agreement is signed, and that this Agreement contemplates the extinguishment of any such claim or claims. Employee understands and agrees that, by entering into this Agreement he is waiving any rights or claims that he might have under the Age Discrimination in Employment Act, Family and Medical Leave as amended by the Older Workers Benefit Protection Act, National Labor Relations Act, Fair Credit Reporting Act, Worker Adjustment and. Employee is not waiving any rights or claims that may arise after the date that he executes this Agreement.

Appears in 1 contract

Samples: Separation Agreement and Mutual Release (Lecg Corp)

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