General Release by the Executive. The Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Executive's Affiliates") hereby fully and without limitation releases and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively with the Company, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent ("Claims"), which the Executive or any of the Executive's Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hire, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Releasees, the Executive's tenure as a Director of any of the Releasees, any agreement or compensation arrangement between the Executive and any of the Releasees (including, but not limited to, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; California common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal wage and hour laws; or any other state or Federal law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.
Appears in 1 contract
Samples: Settlement and Release Agreement (Venture Catalyst Inc)
General Release by the Executive. The In consideration of the payments and benefits to be made under the Separation Agreement and Release, dated as of January 20, 2021 (the “Separation Agreement”), by and among Xxxxxxxxxxx X. Xxxxxxx (the “Executive”), and Third Point Reinsurance Ltd. (the “Company”), the Executive, for himself with the intention of binding the Executive and his the Executive’s heirs, executors, administrators, administrators and assigns, affiliatesdoes hereby release, successors remise, acquit and agents forever discharge the Company, and its subsidiaries and affiliates (collectively, the "Executive's Affiliates") hereby fully “Company Affiliated Group”), and without limitation releases the present and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholders, owners, former officers, directors, employeesexecutives, consultantsagents, shareholders, members, attorneys, auditorsemployees, accountantsemployee benefits plans (and the fiduciaries thereof), investigatorsand the successors, affiliates, successors predecessors and assigns of each of the foregoing (collectively with the Companycollectively, the "Releasees"“Released Parties”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, known equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known, unknown, fixed suspected or contingent ("Claims"), unsuspected which the Executive Executive, individually or any as a member of the Executive's Affiliates has a class, now has, owns or may have or may claim to have against the Releasees by reason of any matter, causeholds, or thing whatsoeverhas at any time heretofore had, from the beginning of time to the date hereofowned or held, against any Released Party (an “Action”), including, without limiting limitation, arising out of or in connection with the generality Executive’s service as an employee, officer and/or director to any member of the foregoingCompany Affiliated Group (or the predecessors thereof), including (i) the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for whistleblower or retaliation claims and (v) for any alleged violation of any federal, state or local statute or ordinance, and including, but not limited to, any Claims arising out of, based upon, or statute relating to the recruitment, hire, employment, relocationmedical leave, remunerationretirement or disability, investigationage, sex, pregnancy, race, national origin, sexual orientation or termination other form of the Executive by any of the Releasees, the Executive's tenure as a Director of any of the Releasees, any agreement or compensation arrangement between the Executive and any of the Releasees discrimination (including, but not limited to, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991, the Equal Pay Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act; , the National Labor Relations Rehabilitation Act of 1973, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Family Medical Leave Act, as amended; and any applicable State and local laws and all other statutes and common laws regulating the Equal Pay Act; ERISA; any provision terms and conditions of Executive’s employment), excepting only the California Labor Code; California common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal wage and hour laws; or any other state or Federal law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.following:
Appears in 1 contract
General Release by the Executive. The Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Executive's Affiliates") hereby fully and without limitation releases and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively with the Companycollectively, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent ("Claims"), which the Executive or any of the Executive's Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hire, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Releasees, the Executive's tenure as a Director of any of the Releasees, any agreement or compensation arrangement between the Executive and any of the Releasees (including, but not limited to, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Company or the other Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code, Delaware Law or Hong Kong Law relating to employment or labor matters; California California, Delaware or Hong Kong common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal wage and hour laws; or any other state or Federal or foreign law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.
Appears in 1 contract
General Release by the Executive. The In consideration of the payments and benefits to be made under the Separation Agreement, dated as of May 8, 2019 (the “Separation Agreement”), by and among J. Xxxxxx Xxxxxxx (the “Executive”), and Third Point Reinsurance Ltd. (the “Company”), the Executive, for himself with the intention of binding the Executive and his the Executive’s heirs, executors, administrators, administrators and assigns, affiliatesdoes hereby release, successors remise, acquit and agents forever discharge the Company, and its subsidiaries and affiliates (collectively, the "Executive's Affiliates") hereby fully “Company Affiliated Group”), and without limitation releases the present and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholders, owners, former officers, directors, employeesexecutives, consultantsagents, shareholders, members, attorneys, auditorsemployees, accountantsemployee benefits plans (and the fiduciaries thereof), investigatorsand the successors, affiliates, successors predecessors and assigns of each of the foregoing (collectively with the Companycollectively, the "Releasees"“Released Parties”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, known equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known, unknown, fixed suspected or contingent ("Claims"), unsuspected which the Executive Executive, individually or any as a member of the Executive's Affiliates has a class, now has, owns or may have or may claim to have against the Releasees by reason of any matter, causeholds, or thing whatsoeverhas at any time heretofore had, from the beginning of time to the date hereofowned or held, against any Released Party (an “Action”), including, without limiting limitation, arising out of or in connection with the generality Executive’s service as an employee, officer and/or director to any member of the foregoingCompany Affiliated Group (or the predecessors thereof), including (i) the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for whistleblower or retaliation claims and (v) for any alleged violation of any federal, state or local statute or ordinance, and including, but not limited to, any Claims arising out of, based upon, or statute relating to the recruitment, hire, employment, relocationmedical leave, remunerationretirement or disability, investigationage, sex, pregnancy, race, national origin, sexual orientation or termination other form of the Executive by any of the Releasees, the Executive's tenure as a Director of any of the Releasees, any agreement or compensation arrangement between the Executive and any of the Releasees discrimination (including, but not limited to, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991, the Equal Pay Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act; , the National Labor Relations Rehabilitation Act of 1973, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Family Medical Leave Act, as amended; and any applicable State and local laws and all other statutes and common laws regulating the Equal Pay Act; ERISA; any provision terms and conditions of the California Labor Code; California common law of fraudExecutive’s employment), misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal wage and hour laws; or any other state or Federal law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.excepting only:
Appears in 1 contract
Samples: Separation Agreement and Release (Third Point Reinsurance Ltd.)
General Release by the Executive. The In consideration of the payments specified in Section 3 of this Agreement and the other matters described herein, the receipt and adequacy of which are hereby acknowledged, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the "Executive's Affiliates") hereby fully and without limitation releases release and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholdersstockholders, parents, subsidiaries, divisions, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively with the Company, the "Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent ("Claims"), which the Executive or any of the Executive's his Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hire, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company or the other Releasees, the Executive's tenure as a Director of any director of the ReleaseesCompany , any agreement or compensation arrangement between the Executive and any of the Releasees (including, but not limited to, Company or the Employment Agreement)other Releasees, or any act or occurrence in connection with any actual, existing, proposed, proposed prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Company or the other Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended; the Americans With Disabilities Act; the National Labor Labors Relations Actact, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; California common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal federal wage and hour laws; or any other state or Federal federal law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.
Appears in 1 contract
Samples: Settlement and Release Agreement (Inland Entertainment Corp)
General Release by the Executive. The In consideration of the payments and benefits to be made under the Settlement Agreement, dated as of April [ ], 2022 (the “Settlement Agreement”), by and among Xxxxxx Xxxxxx (the “Executive”), for himself and his SiriusPoint Ltd. (the “Company”), the Employee, with the intention of binding the Executive and the Executive’s heirs, executors, administrators, administrators and assigns, affiliatesdoes hereby release, successors remise, acquit and agents forever discharge the Company, and its subsidiaries and affiliates (collectively, the "Executive's Affiliates") hereby fully “Company Affiliated Group”), and without limitation releases the present and forever discharges the Company and its Related Entities and its and their agents, representatives, shareholders, owners, former officers, directors, employeesexecutives, consultantsagents, shareholders, members, attorneys, auditorsemployees, accountantsemployee benefits plans (and the fiduciaries thereof), investigatorsand the successors, affiliates, successors predecessors and assigns of each of the foregoing (collectively with the Companycollectively, the "Releasees"“Released Parties”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, known equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known, unknown, fixed suspected or contingent ("Claims"), unsuspected which the Executive Executive, individually or any as a member of the Executive's Affiliates has a class, now has, owns or may have or may claim to have against the Releasees by reason of any matter, causeholds, or thing whatsoeverhas at any time heretofore had, from the beginning of time to the date hereofowned or held, against any Released Party (an “Action”), including, without limiting limitation, arising out of or in connection with the generality Executive’s service as an employee, officer and/or director to any member of the foregoingCompany Affiliated Group (or the predecessors thereof), including (i) the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for whistleblower or retaliation claims and (v) for any alleged violation of any federal, state or local statute or ordinance, and including, but not limited to, any Claims arising out of, based upon, or statute relating to the recruitment, hire, employment, relocationmedical leave, remunerationretirement or disability, investigationage, sex, pregnancy, race, national origin, sexual orientation or termination other form of the Executive by any of the Releasees, the Executive's tenure as a Director of any of the Releasees, any agreement or compensation arrangement between the Executive and any of the Releasees discrimination (including, but not limited to, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive's Affiliates in equity capital or rights in equity capital or other securities of any of the Releasees to the maximum extent permitted by law. The Executive specifically and expressly releases any Claims arising out of or based on the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991, the Equal Pay Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act; , the National Labor Relations Rehabilitation Act of 1973, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Family Medical Leave Act, as amended; and any applicable State and local laws and all other statutes and common laws regulating the Equal Pay Act; ERISA; any provision terms and conditions of Executive’s employment), excepting only the California Labor Code; California common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, any breach of contract or covenant claim, any tort claim, any violation of public policy or wrongful termination; state or Federal wage and hour laws; or any other state or Federal law, rule, or regulation dealing with the employment relationship. The Executive is aware of California Civil Code Section 1542, which 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. With full awareness and understanding of the above provision, the Executive hereby waives any rights he may have under California Civil Code Section 1542.following:
Appears in 1 contract
Samples: Daniel Malloy Settlement Agreement (SiriusPoint LTD)