Common use of General Release by Executive Clause in Contracts

General Release by Executive. (a) Except for the “Excluded Company Obligations” (defined in Section 2 below), the Executive, on his own behalf and on behalf of his heirs, estate and beneficiaries, does hereby release and discharge the Company, and in such capacities, any of its subsidiaries or affiliates, and each past or present officer, director, agent, employee, shareholder, and insurer of any such entities, and their respective representatives, attorneys, successors and assigns (collectively, the “Company Releasees”) from and with respect to any and all claims, wages, agreements, obligations, demands, actions, and causes of actions, whether known or unknown, suspected or unsuspected, concealed or hidden (collectively, the “Claims”), of any kind whatsoever, including, without limitation, all of the following: (i) any Claims arising out of or in connection with the Employment Agreement; (ii) any Claims arising out of the Executive’s employment or other service with the Company or any of its subsidiaries or affiliates; (iii) any Claims arising out of or in connection with the termination of Executive’s employment with, or his separation from, the Company or any of its subsidiaries or affiliates; (iv) any Claims for severance pay, bonus or similar benefit, sick leave, pension, retirement, vacation pay, life insurance, health or medical insurance or any other fringe benefit; (v) any Claims for any benefits arising from any ERISA benefit plan, workers’ compensation or disability; (vi) any other Claims arising out of any act committed or omitted during or after the existence of Executive’s employment or other service relationship with the Company or any of its subsidiaries or affiliates, all up through and including the date on which this Release Agreement is executed by the Executive, including, without limitation, any Claim arising in tort, contract or violation of applicable law; and (vii) any Claims under Title VII of the Civil Rights Act of 1964 (“Title VII”); the Civil Rights Act of 1991; the Civil Rights Acts of 1866 and/or 1871, 42 U.S.C. Section 1981; the Americans With Disabilities Act of 0000 (“XXX”), 00 X.X.X § 00000 et seq.; the Family Medical Leave Act, 29 U.S.C. § 2601 et seq.; the California Labor Code; the California Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12900 et seq.; the Occupational Safety and Health Act (“OSHA”), 29 U.S.C. § 651 et seq. or any other health/safety laws, statutes or regulations; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.; the Internal Revenue Code; the California Family Rights Act (“CFRA”), Cal. Gov. Code § 12945 et seq.; including any amendments to or regulations promulgated under these statutes and including the similar laws of any other states, any state human rights act, or any other applicable federal, state or local employment statute, law or ordinance, which Executive had, now have, or may have in the future against each or any of the Company Releasees from the beginning of the world until and including the Execution Date. (b) The release set forth in this Section 1 does not prevent Executive from filing a charge with or participating in an investigation by a governmental administrative agency; provided, however, that Executive waives any right to receive any monetary award resulting from such a charge or investigation, including, without limitation, interest, penalties, fines, and attorneys’ fees. (c) Executive relinquishes any right to future employment with the Company and the Company shall have the right to refuse to re-employ Executive, in each case without liability of Executive or the Company or any of its subsidiaries or affiliates.

Appears in 1 contract

Samples: Employment Agreement (Hope Bancorp Inc)

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General Release by Executive. (a) Except for the “Excluded Company Obligations” (defined in Section 2 below2below), the Executive, on his own behalf and on behalf of his heirs, estate and beneficiaries, does hereby release and discharge the Company, and in such capacities, any of its subsidiaries or affiliates, and each past or present officer, director, agent, employee, shareholder, and insurer of any such entities, and their respective representatives, attorneys, successors and assigns (collectively, the “Company Releasees”) from and with respect to any and all claims, wages, agreements, obligations, demands, actions, and causes of actions, whether known or unknown, suspected or unsuspected, concealed or hidden (collectively, the “Claims”), of any kind whatsoever, including, without limitation, all of the following: (i) any Claims arising out of or in connection with the Employment Agreement; (ii) any Claims arising out of the Executive’s employment or other service with the Company or any of its subsidiaries or affiliates; (iii) any Claims arising out of or in connection with the termination of Executive’s employment with, or his separation from, the Company or any of its subsidiaries or affiliates; (iv) any Claims for severance pay, bonus or similar benefit, sick leave, pension, retirement, vacation pay, life insurance, health or medical insurance or any other fringe benefit; (v) any Claims for any benefits arising from any ERISA benefit plan, workers’ compensation or disability; (vi) any other Claims arising out of any act committed or omitted during or after the existence of Executive’s employment or other service relationship with the Company or any of its subsidiaries or affiliates, all up through and including the date on which this Release Agreement is executed by the Executive, including, without limitation, any Claim arising in tort, contract or violation of applicable law; and (vii) any Claims under Title VII of the Civil Rights Act of 1964 (“Title VII”); the Civil Rights Act of 1991; the Civil Rights Acts of 1866 and/or 1871, 42 U.S.C. Section 1981; the Americans With Disabilities Act of 0000 (“XXX”), 00 X.X.X § 00000 et seq.; the Family Medical Leave Act, 29 U.S.C. § 2601 et seq.; the California Labor Code; the California Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12900 et seq.; the Occupational Safety and Health Act (“OSHA”), 29 U.S.C. § 651 et seq. or any other health/safety laws, statutes or regulations; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.; the Internal Revenue Code; the California Family Rights Act (“CFRA”), Cal. Gov. Code § 12945 et seq.; including any amendments to or regulations promulgated under these statutes and including the similar laws of any other states, any state human rights act, or any other applicable federal, state or local employment statute, law or ordinance, which Executive had, now have, or may have in the future against each or any of the Company Releasees from the beginning of the world until and including the Execution Date. (b) The release set forth in this Section 1 does not prevent Executive from filing a charge with or participating in an investigation by a governmental administrative agency; provided, however, that Executive waives any right to receive any monetary award resulting from such a charge or investigation, including, without limitation, interest, penalties, fines, and attorneys’ fees. (c) Executive relinquishes any right to future employment with the Company and the Company shall have the right to refuse to re-employ Executive, in each case without liability of Executive or the Company or any of its subsidiaries or affiliates.Section

Appears in 1 contract

Samples: Employment Agreement (Hope Bancorp Inc)

General Release by Executive. (a) Except for the “Excluded Company Obligations” (defined in Section 2 below2below), the Executive, on his own behalf and on behalf of his heirs, estate and beneficiaries, does hereby release and discharge the Company, and in such capacities, any of its subsidiaries or affiliates, and each past or present officer, director, agent, employee, shareholder, and insurer of any such entities, and their respective representatives, attorneys, successors and assigns (collectively, the “Company Releasees”) from and with respect to any and all claims, wages, agreements, obligations, demands, actions, and causes of actions, whether known or unknown, suspected or unsuspected, concealed or hidden (collectively, the “Claims”), of any kind whatsoever, including, without limitation, all of the following: (i) any Claims arising out of or in connection with the Employment Agreement; (ii) any Claims arising out of the Executive’s employment or other service with the Company or any of its subsidiaries or affiliates; (iii) any Claims arising out of or in connection with the termination of Executive’s employment with, or his separation from, the Company or any of its subsidiaries or affiliates; (iv) any Claims for severance pay, bonus or similar benefit, sick leave, pension, retirement, vacation pay, life insurance, health or medical insurance or any other fringe benefit; (v) any Claims for any benefits arising from any ERISA benefit plan, workers’ compensation or disability; (vi) any other Claims arising out of any act committed or omitted during or after the existence of Executive’s employment or other service relationship with the Company or any of its subsidiaries or affiliates, all up through and including the date on which this Release Agreement is executed by the Executive, including, without limitation, any Claim arising in tort, contract or violation of applicable law; and (vii) any Claims under Title VII of the Civil Rights Act of 1964 (“Title VII”); the Civil Rights Act of 1991; the Civil Rights Acts of 1866 and/or 1871, 42 U.S.C. Section 1981; the Americans With Disabilities Act of 0000 (“XXX”), 00 X.X.X § 00000 et seq.; the Family Medical Leave Act, 29 U.S.C. § 2601 et seq.; the California Labor Code; the California Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12900 et seq.; the Occupational Safety and Health Act (“OSHA”), 29 U.S.C. § 651 et seq. or any other health/safety laws, statutes or regulations; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.; the Internal Revenue Code; the California Family Rights Act (“CFRA”), Cal. Gov. Code § 12945 et seq.; including any amendments to or regulations promulgated under these statutes and including the similar laws of any other states, any state human rights act, or any other applicable federal, state or local employment statute, law or ordinance, which Executive had, now have, or may have in the future against each or any of the Company Releasees from the beginning of the world until and including the Execution Date. (b) The release set forth in this Section 1 does not prevent Executive from filing a charge with or participating in an investigation by a governmental administrative agency; provided, however, that Executive waives any right to receive any monetary award resulting from such a charge or investigation, including, without limitation, interest, penalties, fines, and attorneys’ fees. (c) Executive relinquishes any right to future employment with the Company and the Company shall have the right to refuse to re-employ Executive, in each case without liability of Executive or the Company or any of its subsidiaries or affiliatesaffiliates and in the case of termination by the Company for Cause, hereby resigns from all current Board seats of the Company and the Bank.

Appears in 1 contract

Samples: Employment Agreement (Hope Bancorp Inc)

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General Release by Executive. (a) Except for the “Excluded Company Obligations” (defined in Section 2 below), the Executive, on his own behalf and on behalf of his heirs, estate and beneficiaries, does hereby release and discharge the Company, and in such capacities, any of its subsidiaries or affiliates, and each past or present officer, director, agent, employee, shareholder, and insurer of any such entities, and their respective representatives, attorneys, successors and assigns (collectively, the “Company Releasees”) from and with respect to any and all claims, wages, agreements, obligations, demands, actions, and causes of actions, whether known or unknown, suspected or unsuspected, concealed or hidden (collectively, the “Claims”), of any kind whatsoever, including, without limitation, all of the following: (i) any Claims arising out of or in connection with the Employment Agreement; (ii) any Claims arising out of the Executive’s employment or other service with the Company or any of its subsidiaries or affiliates; (iii) any Claims arising out of or in connection with the termination of Executive’s employment with, or his separation from, the Company or any of its subsidiaries or affiliates; (iv) any Claims for severance pay, bonus or similar benefit, sick leave, pension, retirement, vacation pay, life insurance, health or medical insurance or any other fringe benefit; (v) any Claims for any benefits arising from any ERISA benefit plan, workers’ compensation or disability; (vi) any other Claims arising out of any act committed or omitted during or after the existence of Executive’s employment or other service relationship with the Company or any of its subsidiaries or affiliates, all up through and including the date on which this Release Agreement is executed by the Executive, including, without limitation, any Claim arising in tort, contract or violation of applicable law; and (vii) any Claims under Title VII of the Civil Rights Act of 1964 (“Title VII”); the Civil Rights Act of 1991; the Civil Rights Acts of 1866 and/or 18711964, 42 U.S.C. Section 1981; the Americans With with Disabilities Act of 0000 (“XXX”)Act, 00 X.X.X § 00000 et seq.; the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; the California Labor Code; the California Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12900 et seq.; the Occupational Safety and Health Act (“OSHA”), 29 U.S.C. § 651 et seq. or any other health/safety laws, statutes or regulations; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.; the Internal Revenue Code; the California Family Rights Act (“CFRA”), Cal. Gov. Code § 12945 et seq.; including any amendments to or regulations promulgated under these statutes and including the similar laws of any other states, any state human rights actAct, or any other applicable federal, state or local employment statutelaw, law regulation or ordinance, which Executive had, now have, or may have in the future against each or any of the Company Releasees from the beginning of the world until and including the Execution Date. (b) The release set forth in this Section 1 does not prevent Executive Employee from filing a charge with or participating in an investigation by a governmental administrative agency; provided, however, that Executive Employee waives any right to receive any monetary award resulting from such a charge or investigation, including, without limitation, interest, penalties, fines, and attorneys’ fees. (c) The Executive relinquishes any right to future employment with the Company and the Company shall have the right to refuse to re-employ the Executive, in each case without liability of the Executive or the Company or any of its subsidiaries or affiliates.

Appears in 1 contract

Samples: Employment Agreement (BBCN Bancorp Inc)

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