Common use of General Release by Employee Clause in Contracts

General Release by Employee. Employee agrees for himself and his heirs, executors, agents, successors, predecessors, personal representatives, administrators, and assigns to release and forever discharge Millennial and AOL, including any of their parents, subsidiaries, affiliated and/or related entities or insurers, as well as their directors, administrators, officers, employees, insurers, agents, representatives and assigns, from any and all administrative claims, demands, actions, causes of action, statutory rights, duties, debts, sums of money, lawsuits, contracts, agreements, controversies, promises, damages (whether actual, punitive, or exemplary or of some other nature or kind), including without limitation, wages, benefits, back pay, front pay, and emotional distress, obligations, responsibilities, liabilities (including attorneys’ fees and costs actually incurred), accounts, injunctions, judgments, jury verdicts, and any other relief of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising up to and including the date of execution of this Agreement. Causes of action released include, but are not limited to, breach of express or implied contract, covenant of good faith and fair dealing, all claims for discrimination, harassment, or retaliation, all claims for violation of public policy, all claims for alleged unpaid bonuses, wages, or other amounts, and all claims arising under, but not limited to, the following statutes: Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Civil Rights Act of 1866, the Family and Medical Leave Act, the Fair Labor Standards Act, Employee Retirement Income Security Act, the Occupational Safety and Health Act, the National Labor Relations Act, the Rehabilitation Act of 1973, Title 20 of the State Government Article of the Maryland Code, the Maryland Flexible Leave Act, the Maryland Declaration of Rights, the Maryland Equal Pay Act, the Maryland Reasonable Accommodations for Disabilities Due to Pregnancy Act, the New York State Human Rights Law, the New York Labor Law, the New York Whistleblower Law, the New York Worker’s Compensation Law, all New York leave laws, the New York City Administrative Code, the New York City Human Rights Law, and all other federal, state, and/or local laws and/or common law claims relating to employment, benefits, or otherwise applicable to the relationship between Employee and Millennial or AOL. Employee further agrees that if s/he attempts to avoid or set aside the terms of this general release, or if Millennial or AOL, as applicable, successfully asserts this general release as a defense or bar to any claim asserted by Employee, s/he shall be liable for the reasonable attorneys’ fees and costs to Millennial or AOL, as applicable, in defending such claims or asserting such defense based on this general release. This release does not include any claim which, as a matter of law, cannot be released by private agreement, or any claim arising from an alleged breach of any provision of this Agreement by either party.

Appears in 2 contracts

Samples: Severance Agreement and Release of Claims (Millennial Media Inc.), Severance Agreement and Release of Claims (Millennial Media Inc.)

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General Release by Employee. Employee agrees for himself and his heirs, executors, agents, successors, predecessors, personal representatives, administrators, and assigns to release and forever discharge Millennial and AOL, including any of their parents, subsidiaries, affiliated and/or related entities or insurers, as well as their directors, administrators, officers, employees, insurers, agents, representatives and assigns, from any and all administrative claims, demands, actions, causes of action, statutory rights, duties, debts, sums of money, lawsuits, contracts, agreements, controversies, promises, damages (whether actual, punitive, or exemplary or of some other nature or kind), including without limitation, wages, benefits, back pay, front pay, and emotional distress, obligations, responsibilities, liabilities (including attorneys’ fees and costs actually incurred), accounts, injunctions, judgments, jury verdicts, and any other relief of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising up to and including the date of execution of this Agreement. Causes of action released include, but are not limited to, breach of express or implied contract, covenant of good faith and fair dealing, all claims for discrimination, harassment, or retaliation, all claims for violation of public policy, all claims for alleged unpaid bonuses, wages, or other amounts, and all claims arising under, but not limited to, the following statutes: Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Civil Rights Act of 1866, the Family and Medical Leave Act, the Fair Labor Standards Act, Employee Retirement Income Security Act, the Occupational Safety and Health Act, the National Labor Relations Act, the Rehabilitation Act of 1973, Title 20 of the State Government Article of the Maryland Code, the Maryland Flexible Leave Act, the Maryland Declaration of Rights, the Maryland Equal Pay Act, the Maryland Reasonable Accommodations for Disabilities Due to Pregnancy Act, the New York State Human Rights Law, the New York Labor Law, the New York Whistleblower Law, the New York Worker’s Compensation Law, all New York leave laws, the New York City Administrative Code, the New York City Human Rights Law, and all other federal, state, and/or local laws and/or common law claims relating to employment, benefits, or otherwise applicable to the relationship between Employee and Millennial or AOL. Employee further agrees that if s/he attempts to avoid or set aside the terms of this general release, or if Millennial or AOL, as applicable, successfully asserts this general release as a defense or bar to any claim asserted by Employee, s/he shall be liable for the reasonable attorneys’ fees and costs to Millennial or AOL, as applicable, in defending such claims or asserting such defense based on this general release. This release does not include any claim which, as a matter of law, cannot be released by private agreement, or any claim arising from an alleged breach of any provision of this Agreement by either partyparty or any claims or rights that the Employee may have with respect to exculpation or indemnification as an officer or director of Millennial or any of its affiliates under Millennial’s by-laws, insurance policies or indemnification agreements.

Appears in 1 contract

Samples: Severance Agreement and Release of Claims (Millennial Media Inc.)

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General Release by Employee. Employee agrees for himself and his heirs, . executors, agents, . successors, predecessors, personal representatives, administrators, and assigns to release and forever discharge Millennial and AOL, including any of their parents, subsidiaries, affiliated and/or related entities or insurers, as well as their directors, administrators, officers, employees, insurers, agents, representatives and assigns, from any and all administrative claims, demands, actions, causes of action, statutory rights, duties, debts, sums of money, lawsuits, contracts, agreements, controversies, promises, damages (whether actual, punitive, or exemplary or of some other nature or kind), including without limitation, wages, benefits, back pay, front pay, and emotional distress, obligations, responsibilities, liabilities (including attorneys’ fees and costs actually incurred), accounts, injunctions, judgments, jury verdicts, and any other relief of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising up to and including the date of execution of this Agreement. Causes of action released include, but are not limited to, breach of express or implied contract, covenant of good faith and fair dealing, all claims for discrimination, harassment, or retaliation, all claims for violation of public policy, all claims for alleged unpaid bonuses, wages, or other amounts, and all claims arising under, but not limited to, the following statutes: Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Civil Rights Act of 1866, the Family and Medical Leave Act, the Fair Labor Standards Act, Employee Retirement Income Security Act, the Occupational Safety and Health Act, the National Labor Relations Act, the Rehabilitation Act of 1973, Title 20 of the State Government Article of the Maryland Code, the Maryland Flexible Leave Act, the Maryland Declaration of Rights, the Maryland Equal Pay Act, the Maryland Reasonable Accommodations for Disabilities Due to Pregnancy Act, the New York State Human Rights Law, the New York Labor Law, the New York Whistleblower Law, the New York Worker’s Compensation Law, all New York leave laws, the New York City Administrative Code, the New York City Human Rights Law, and all other federal, state, and/or local laws and/or common law claims relating to employment, benefits, or otherwise applicable to the relationship between Employee and Millennial or AOL. Employee further agrees that if s/he attempts to avoid or set aside the terms of this general release, or if Millennial or AOL, as applicable, successfully asserts this general release as a defense or bar to any claim asserted by Employee, s/he shall be liable for the reasonable attorneys’ fees and costs to Millennial or AOL, as applicable, in defending such claims or asserting such defense based on this general release. This release does not include any claim which, as a matter of law, cannot be released by private agreement, or any claim arising from an alleged breach of any provision of this Agreement by either party.

Appears in 1 contract

Samples: Severance Agreement and Release of Claims (Millennial Media Inc.)

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