Common use of General Release of All Claims Clause in Contracts

General Release of All Claims. a. For and in consideration of the payments and other benefits due to Employee pursuant to Section 7 of the Employment and Non-competition Agreement entered into as of December [●], 2010, by and between the Company and Employee (the “Employment Agreement”), and for other good and valuable consideration, Employee knowingly and voluntarily releases and forever discharges FFB, any and all of its parent corporations, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employees, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to, any alleged violation of: § Title VII of the Civil Rights Act of 1964; § Sections 1981 through 1988 of Title 42 of the United States Code; § The Employee Retirement Income Security Act of 1974 (except for any vested benefits under any tax-qualified benefit plan); § The Immigration Reform and Control Act; § The Americans with Disabilities Act of 1990; § The Age Discrimination in Employment Act of 1967; § The Worker Adjustment and Retraining Notification Act; § The Fair Credit Reporting Act; § The Family and Medical Leave Act; § The Equal Pay Act; § The Ohio Fair Employment Practice Law – Ohio Rev. Code Xxx. § 4112.01 et seq.; § The Ohio Whistleblower Protection Law – Ohio Rev. Code Xxx. § 4113.51 et seq.; § The Ohio Statutory Provisions Regarding Retaliation/Discrimination for Filing a Worker’s Compensation Claim – Ohio Rev. Code Xxx. § 4123.90; § The Ohio Equal Pay Law – Ohio Rev. Code Xxx. § 4111.13 et seq.; § The Ohio State Wage Payment and Work Hour Laws; § Any other federal, state or local law, rule, regulation, or ordinance; § Any public policy, contract, tort, or common law; or § Any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. b. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multiparty action or proceeding based on such a claim in which FFB or any other Releasee identified in this Agreement is a party. c. FFB and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if an administrative claim is made to, or other proceedings initiated with, a federal, state or local governmental agency, Employee shall not be entitled to recover any individual monetary relief, remuneration, damages, compensation or other individual remedies of any type whatsoever from Releasees. d. Notwithstanding anything else herein to the contrary, the release contained in this Agreement shall not affect, and Employee does not waive: (i) rights to indemnification Employee may have under (A) applicable law, (B) any other agreement between Employee and any Releasee and (C) as an insured under any director’s and officer’s liability insurance policy now or previously in force; (ii) any right Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and FFB are jointly responsible; (iii) Employee’s rights to vested benefits and payments under any equity incentive plan or award agreement or under any retirement plan, welfare benefit plan or deferred compensation plan, all of which shall remain in effect in accordance with the terms and provisions of such plan or agreement; (iv) Employee’s rights as a stockholder of the Company; or (v) any unsatisfied obligations under Section 7 of the Employment Agreement or rights under Section 8 of the Employment Agreement.

General Release of All Claims. a. For and in consideration of the payments and other benefits due to Employee pursuant to Section 7 of the Employment and Non-competition Agreement entered into as of December [●•], 2010, by and between the Company and Employee (the “Employment Agreement”), and for other good and valuable consideration, Employee knowingly and voluntarily releases and forever discharges FFB, any and all of its parent corporations, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employees, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to, any alleged violation of: § ▪ Title VII of the Civil Rights Act of 1964; § ▪ Sections 1981 through 1988 of Title 42 of the United States Code; § ▪ The Employee Retirement Income Security Act of 1974 (except for any vested benefits under any tax-qualified benefit plan); § ▪ The Immigration Reform and Control Act; § ▪ The Americans with Disabilities Act of 1990; § ▪ The Age Discrimination in Employment Act of 1967; § ▪ The Worker Adjustment and Retraining Notification Act; § ▪ The Fair Credit Reporting Act; § ▪ The Family and Medical Leave Act; § ▪ The Equal Pay Act; § ▪ The Ohio Fair Employment Practice Law – - Ohio Rev. Code Xxx. § 4112.01 et seq.; § ▪ The Ohio Whistleblower Protection Law – - Ohio Rev. Code Xxx. § 4113.51 et seq.; § ▪ The Ohio Statutory Provisions Regarding Retaliation/Discrimination for Filing a Worker’s 's Compensation Claim – - Ohio Rev. Code Xxx. § 4123.90; § ▪ The Ohio Equal Pay Law – - Ohio Rev. Code Xxx. § 4111.13 et seq.; § ▪ The Ohio State Wage Payment and Work Hour Laws; § ▪ Any other federal, state or local law, rule, regulation, or ordinance; § ▪ Any public policy, contract, tort, or common law; or § ▪ Any basis for recovering costs, fees, or other expenses including attorneys’ ' fees incurred in these matters. b. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multiparty action or proceeding based on such a claim in which FFB or any other Releasee identified in this Agreement is a party. c. FFB and Employee acknowledge that this Agreement does not limit either party’s 's right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if an administrative claim is made to, or other proceedings initiated with, a federal, state or local governmental agency, Employee shall not be entitled to recover any individual monetary relief, remuneration, damages, compensation or other individual remedies of any type whatsoever from Releasees. d. Notwithstanding anything else herein to the contrary, the release contained in this Agreement shall not affect, and Employee does not waive: (i) rights to indemnification Employee may have under (A) applicable law, (B) any other agreement between Employee and any Releasee and (C) as an insured under any director’s 's and officer’s 's liability insurance policy now or previously in force; (ii) any right Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and FFB are jointly responsible; (iii) Employee’s 's rights to vested benefits and payments under any equity incentive plan or award agreement or under any retirement plan, welfare benefit plan or deferred compensation plan, all of which shall remain in effect in accordance with the terms and provisions of such plan or agreement; (iv) Employee’s 's rights as a stockholder of the Company; or (v) any unsatisfied obligations under Section 7 of the Employment Agreement or rights under Section 8 of the Employment Agreement.

General Release of All Claims. a. For and in consideration of the payments and other benefits due to Employee pursuant to Section 7 of the Employment and Non-competition Agreement entered into as of December [●•], 2010, by and between the Company and Employee (the “Employment Agreement”), and for other good and valuable consideration, Employee knowingly and voluntarily releases and forever discharges FFB, any and all of its parent corporations, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employees, attorneys, officers, directors and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to, any alleged violation of: § ▪ Title VII of the Civil Rights Act of 1964; § ▪ Sections 1981 through 1988 of Title 42 of the United States Code; § ▪ The Employee Retirement Income Security Act of 1974 (except for any vested benefits under any tax-qualified benefit plan); § ▪ The Immigration Reform and Control Act; § ▪ The Americans with Disabilities Act of 1990; § ▪ The Age Discrimination in Employment Act of 1967; § ▪ The Worker Adjustment and Retraining Notification Act; § ▪ The Fair Credit Reporting Act; § ▪ The Family and Medical Leave Act; § ▪ The Equal Pay Act; § ▪ The Ohio Fair Employment Practice Law – - Ohio Rev. Code Xxx. § 4112.01 et seq.; § ▪ The Ohio Whistleblower Protection Law – - Ohio Rev. Code Xxx. § 4113.51 et seq.; § ▪ The Ohio Statutory Provisions Regarding Retaliation/Discrimination for Filing a Worker’s 's Compensation Claim – - Ohio Rev. Code Xxx. § 4123.90; § The Ohio Equal Pay Law – Ohio Rev. Code Xxx. § 4111.13 et seq.; § The Ohio State Wage Payment and Work Hour Laws; § Any other federal, state or local law, rule, regulation, or ordinance; § Any public policy, contract, tort, or common law; or § Any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. b. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multiparty action or proceeding based on such a claim in which FFB or any other Releasee identified in this Agreement is a party. c. FFB and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if an administrative claim is made to, or other proceedings initiated with, a federal, state or local governmental agency, Employee shall not be entitled to recover any individual monetary relief, remuneration, damages, compensation or other individual remedies of any type whatsoever from Releasees. d. Notwithstanding anything else herein to the contrary, the release contained in this Agreement shall not affect, and Employee does not waive: (i) rights to indemnification Employee may have under (A) applicable law, (B) any other agreement between Employee and any Releasee and (C) as an insured under any director’s and officer’s liability insurance policy now or previously in force; (ii) any right Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and FFB are jointly responsible; (iii) Employee’s rights to vested benefits and payments under any equity incentive plan or award agreement or under any retirement plan, welfare benefit plan or deferred compensation plan, all of which shall remain in effect in accordance with the terms and provisions of such plan or agreement; (iv) Employee’s rights as a stockholder of the Company; or (v) any unsatisfied obligations under Section 7 of the Employment Agreement or rights under Section 8 of the Employment Agreement.;