Common use of General Release by the Company Clause in Contracts

General Release by the Company. Except as set forth in the last paragraph of this Section 3, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "Executive Released Parties"), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's employment at the Company any of the other Company Released Parties, the separation of Executive's employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 3, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 3, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's employment at the Company or any of the other Company Released Parties, or the separation thereof, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, the separation of Executive's employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 3. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that survives the execution hereof, including but not limited to the Employment Agreement, (ii) Executive's obligations set forth herein or (iii) Executive's fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 3, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "Executive Released Parties"), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's ’s employment at the Company any of the other Company Released Parties, the separation of Executive's ’s employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Termination Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation fraud, misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 3, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's ’s employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 3, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's ’s employment at the Company or any of the other Company Released Parties, or the separation thereof, or any facts or events occurring at any time up to the Effective Date, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's ’s employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive's ’s employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 3. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution hereofthereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's ’s obligations set forth herein in this Agreement or the Separation Agreement or (iii) Executive's ’s fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 32, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "Executive Released Parties"), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's employment at the Company any of the other Company Released Parties, the separation of Executive's employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 32, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 32, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's employment at the Company or any of the other Company Released Parties, or the separation thereof, or any facts or events occurring at any time up to the Termination Date, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive's employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 32. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution hereofthereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's obligations set forth herein in this Agreement or the Separation Agreement or (iii) Executive's fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 32, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "Executive Released Parties"), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's employment at the Company any of the other Company Released Parties, the separation of Executive's employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 32, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 32, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's employment at the Company or any of the other Company Released Parties, or the separation thereof, or any facts or events occurring at any time up to the Termination Date, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive's employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 32. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution hereofthereof, including but not limited to the Employment Agreement, (ii) Executive's obligations set forth herein in this Agreement or the Separation Agreement or (iii) Executive's fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 3, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "Executive Released Parties"), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's employment at the Company any of the other Company Released Parties, the separation of Executive's employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 3, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 3, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's employment at the Company or any of the other Company Released Parties, or the separation thereof, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, the separation of Executive's employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 3. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that survives the execution hereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's obligations set forth herein or (iii) Executive's fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 34, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "“Executive Released Parties"”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's ’s employment at the Company any of the other Company Released Parties, the separation of Executive's ’s employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation fraud, misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 34, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's ’s employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 34, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's ’s employment at the Company or any of the other Company Released Parties, or the separation thereof, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's ’s employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, the separation of Executive's ’s employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 34. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution hereofthereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's ’s obligations set forth herein or (iii) Executive's ’s fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 32, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "“Executive Released Parties"”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's ’s employment at the Company any of the other Company Released Parties, the separation of Executive's ’s employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 32, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's ’s employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 32, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's ’s employment at the Company or any of the other Company Released Parties, or the separation thereof, or any facts or events occurring at any time up to the Final Termination Date, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's ’s employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive's ’s employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 32. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution hereofthereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's ’s obligations set forth herein in this Agreement, the Separation Agreement or (iii) Executive's ’s fraud, willful misconduct, gross negligence or illegal act.

General Release by the Company. Except as set forth in the last paragraph of this Section 3, the Company agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively, the "“Executive Released Parties"”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive's ’s employment at the Company any of the other Company Released Parties, the separation of Executive's ’s employment at the Company or any of the other Company Released Parties, or any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any facts or events occurring at any time up to the Effective Date. This settlement and waiver includes all claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, any tort claims, including without limitation misrepresentation, breach of fiduciary duty, and any and all claims under any applicable law. Except as set forth in the last paragraph of this Section 3, the Company further agrees not to file a suit of any kind against Executive or any of the other Executive Released Parties relating to Executive's ’s employment at the Company, the separation thereof, any agreements between the Company or any of the other Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the other Executive Released Parties. Except as set forth in the last paragraph of this Section 3, even if a court rules that the Company may file a lawsuit against Executive or any of the other Executive Released Parties arising from Executive's ’s employment at the Company or any of the other Company Released Parties, or the separation thereof, the Company agrees not to accept any money damages or any other relief in connection with any such lawsuit. The Company understands that this Agreement effectively waives any right it might have to sxx xxx Executive or any of the other Executive Released Parties for any claim arising out of Executive's ’s employment at the Company or any of the other Company Released Parties, any agreements between the Company or the other Company Released Parties and Executive, including but not limited to the Employment Agreement, the separation of Executive's ’s employment, or any facts or events occurring at any time up to the Effective Date, except as set forth in the last paragraph of this Section 3. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive or the other Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that survives the execution hereof, including but not limited to the Employment Noncompete Agreement, (ii) Executive's ’s obligations set forth herein or (iii) Executive's ’s fraud, willful misconduct, gross negligence or illegal act.