General Release of All Claims. For and in consideration of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreement, and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans (collectively, the “Releasees”), from any and all claims, complaints, causes of action, charges, demands or rights, of any kind or nature whatsoever, in law or in equity, whether known or unknown, which may have existed or which may now exist from the beginning of time to the date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974, as amended; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms and conditions of employment, including, but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Company.
Appears in 1 contract
Samples: Separation Agreement (Cosi Inc)
General Release of All Claims. For As a material inducement to the COMPANY and in consideration of as required by the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Severance Agreement, and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, EmployeeXx. XXXXXX, on behalf of Employee and Employee’s successorshimself, his heirs, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisionsCOMPANY, any and all current of its affiliates, and the present and former directorsowners, officers, executives and agents thereofdirectors, trustees, employees, agents, representatives, attorneys, and their heirs and assignsinsurers of any of them , and all persons or entities acting by, through, under or in concert with any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans them (collectively, the collectively “Releasees”), of and from any and all liabilities, claims, obligations, promises, agreements, demands, damages, actions, charges, complaints, costs, losses, debts and expenses (including attorney’s fees and costs actually incurred), causes of actionaction of every kind, charges, demands or rights, of any kind or nature whatsoever, in law or in equity, whether known or unknown, disclosed or undisclosed, matured or unmatured, which Xx. XXXXXX may have existed now or which may now exist in the future arising from the beginning of time any act or omission or condition arising prior to the date of his signing this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974, as amended; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms and conditions of employment, including, but not limited to, all claims under state, federal, or common law, whether based in contract, tort, statute or otherwise, and including, but not limited to , claims arising from or relating to his employment or the Illinois Human Rights Actcessation thereof; provided, however, that this Separation Agreement and General Release does not release any claims that cannot lawfully be released by this Agreement, and does not impact any vested right that he may have pursuant to any COMPANY retirement or stock option plans, if any, and the Illinois Wage Payment and Collection Act and any other laws regarding two performance-based cash bonus arrangements disclosed in the payment of wagesCOMPANY’s March 22, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims 2010 Form 8-K in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment accordance with the Companyprovisions disclosed therein as determined and implemented by the Board of Directors. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending (All claims against released hereby are hereinafter collectively referred to as the Company“Claims.”)
Appears in 1 contract
General Release of All Claims. For and in consideration of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreement, and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agreesEmployee, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiariesexecutors, agentsadministrators, executors successors and assignsassigns (collectively referred to throughout this Agreement as “Releasors”), hereby voluntarily, knowingly, knowingly and willingly releases voluntarily release and forever discharges discharge, to the Company and fullest extent permitted by law, Employer, its stockholders, parentsparent corporation, affiliates, subsidiaries, divisions, any and all current and former directorsinsurers, officerspredecessors, executives and agents thereof, and their heirs successors and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees employees, attorneys, officers, directors, agents and administrators shareholders of such pension benefit Employer and welfare each of the foregoing entities affiliated with Employer, both individually and in their business capacities, and the employee benefit plans and programs (collectively“Employee Benefit Plans”), administrators and fiduciaries of Employer and each of the entities affiliated with Employer identified above (all collectively referred to throughout this Agreement as “Releasees”), of and from any and all claims, complaintsdebts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, chargesjudgments, demands damages, expenses, or rights, of any kind or nature whatsoeverdemands, in law or in equity, whether known or unknownwhich Employee ever had, which may have existed now has, or which may now exist from arise in the beginning of time to future, regarding any matter arising on or before the date of Employee’s execution of this Agreement, including but not limited to all claims by Employee or on Employee’s behalf regarding Employee’s employment at or termination of employment from Dime, any contract (express or implied), any claim for equitable relief or recovery of punitive, compensatory, or other damages or monies (including claims as to taxes), attorneys' fees, any tort, and all claims for alleged discrimination based upon age, race, color, sex, sexual orientation, marital status, religion, national origin, handicap, disability, genetic information or retaliation, including any claim, known and unknown, asserted or unasserted, which Releasors have or may have against Releasees up to and including the date Employee signs this Agreement, including, without limitationbut not limited to, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with alleged violation of the Company, following laws and further including a release other sources of any rights or claims Employee may have under the Age Discrimination in Employment Actlegal rights, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, amended: • Title VII of the Civil Rights Act of 1964, as amended, ; • Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code; • The Employee Retirement Income Security Act of 1991, the 1974 (“ERISA”) (as modified below); • The Immigration Reform and Control Act of 1986; • The Americans with Disabilities Act of 1990; • The Rehabilitation Act of 1973; • The Age Discrimination in Employment Act of 1967 (“ADEA”); • The Worker Adjustment and Retraining Notification Act, the ; • The Occupational Safety and Health Act; • The Fair Credit Reporting Act; • The Family and Medical Leave Act of 1993; Section 1981 • The Equal Pay Act of 1963; • The Genetic Information Nondiscrimination Act of 2008; • The New York Human Rights Law; • The New York Executive Law; • The New York Labor Law; • The New York Civil Rights Law; • The New York Equal Pay Law; • The New York Whistleblower Law; • The New York Legal Activities Law; • The New York Wage-Hour and Wage Payment Laws and Regulations; • The New York Minimum Wage Law; • The New York Occupational Safety and Health Laws; • The Non-discrimination and Anti-retaliation Provisions of the Civil New York Workers’ Compensation Law and the New York Disabilities Law; • The New York Worker Adjustment and Retraining Notification Act; • The New York City Human Rights Act of 1866Law; Section 1985(3) of the Civil Rights Act of 1871• The New York City Charter and Administrative Code; the Employee Retirement Income Security Act of 1974, as amended• The New York City Earned Safe and Sick Time Act; any other federal, state or local laws against discrimination; or • any other federal, state, local or local other law, rule, regulation, constitution, code, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort or common law; or • any statute, common law, agreement or common law relating to employmentother basis for seeking or recovering any costs, wagesfees or other expenses, hours, or any other terms and conditions of employment, including, including but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with attorneys’ fees and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Companycosts.
Appears in 1 contract
Samples: General Release Agreement (Dime Community Bancshares Inc)
General Release of All Claims. For a. In exchange for, and in consideration of, the payments, alterations, benefits, and other commitments described herein, the ERC hereby fully and forever releases, acquits, and discharges Cardinal on 12th and each of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreementits predecessors, successors, and assigns, parent companies and entities, subsidiary companies and entities, affiliated companies and entities, and the agreements set forth hereinofficers, directors, shareholders, partners, employees, managers, members, representatives, insurers, attorneys, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiaries, agents, executors and assignspast, hereby voluntarily, knowinglypresent, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans future (collectively, the “Cardinal on 12th Releasees”), from any and all claims, complaintsliabilities, causes of action, chargesdamages, demands or rightscosts, attorneys’ fees, expenses, and compensation whatsoever, of any whatever kind or nature whatsoevernature, in law law, equity or in equityotherwise, whether known or unknown, which may have existed or which that the ERC may now exist from the beginning of time have or has ever had, against Cardinal on 12th Releasees relating to the date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the CompanyProperty, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family ERC hereby specifically waives and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974, as amended; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms and conditions of employmentreleases all such claims, including, but not limited to, those arising under the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Fair Housing Act and any other laws regarding and all state or local statutes, ordinances, or regulations governing the payment accessibility of wagesresidential units, public areas, and common areas at the Property including, without limitation, any claim pursuant to the maximum extent permitted laws of the District of Columbia, as well as all claims arising under federal, state, or local law involving any claim related to the claims described in this Agreement (collectively, the “ERC General Release”).
b. In exchange for, and in consideration of, the foregoing ERC General Release and the other commitments described herein, Cardinal on 12th fully releases, acquits, and forever discharges the ERC from any and all claims, liabilities, causes of action, damages, costs, attorneys’ fees, expenses, and compensation whatsoever, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, that Cardinal on 12th may now have or has ever had relating to the Property and the allegations in this Agreement, and hereby specifically waives and releases all such claims (collectively, “Cardinal on 12th General Release”).
c. The ERC agrees that the execution of this Settlement Agreement shall extinguish all claims and shall be a full, complete, and final disposition and settlement of all claims against Cardinal on 12th Releasees relating to the Property and all matters and issues which were alleged, or could have been alleged, related to the Property, by ERC including, but not limited to, claims relating to the Act and any similar federal, state, or local law. This release further includes .
d. The Parties expressly acknowledge, covenant, and agree that this Settlement Agreement, the ERC General Release and the Cardinal 12th General Release result from a release by Employee compromise of disputed claims, and are not intended and shall not be construed as an admission of liability or the truth of the allegations, claims, or contentions of any claims for wrongful dischargeParty. Neither the existence of this Agreement nor any of its terms or conditions shall be admissible by any Party in any court action, breach of contractarbitration, torts or any other claims in any way related legal proceeding except to Employee’s employment with or resignation or termination from enforce the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity provisions of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Company.
Appears in 1 contract
Samples: Settlement Agreement
General Release of All Claims. For I, my heirs, executors, administrators, successors and in consideration of the payments and/or other benefits to be provided to and/or assigns, each acting on behalf of Employee pursuant me in their capacities as such (collectively referred to throughout this AgreementSupplemental Release as “Releasors”), knowingly and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases voluntarily release and forever discharges discharge, to the Company and fullest extent permitted by law, Company, its stockholders, parentsparent corporation, affiliates, subsidiaries, divisions, any and all current and former directorsinsurers, officerspredecessors, executives and agents thereof, and their heirs successors and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees executives/employees, attorneys, officers, directors, agents and administrators shareholders of such pension benefit Company and welfare each of the foregoing entities affiliated with Company, each in their capacities as such, and the executive benefit plans and programs (collectively“Executive Benefit Plans”), administrators and fiduciaries of Company and each of the entities affiliated with Company identified above, each in their capacities as such (all collectively referred to throughout this Supplemental Release as “Releasees”), of and from any and all claims, complaintsdebts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, chargesjudgments, demands damages, expenses, or rights, of any kind or nature whatsoeverdemands, in law or in equity, whether known or unknownwhich I ever had, which may have existed now have, or which may now exist from arise in the beginning of time to future, regarding any matter arising on or before the date of my execution of this AgreementSupplemental Release, including but not limited to all claims by me or on my behalf regarding my employment at or termination of employment from Dime, any contract (express or implied), any claim for equitable relief or recovery of punitive, compensatory, or other damages or monies (including claims as to taxes), attorneys’ fees, any tort, and all claims for alleged discrimination based upon age, race, color, sex, sexual orientation, marital status, religion, national origin, handicap, disability, genetic information or retaliation, including any claim, known and unknown, asserted or unasserted, which Releasors have or may have against Releasees up to and including the date I sign this Supplemental Release, including, without limitationbut not limited to, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with alleged violation of the Company, following laws and further including a release other sources of any rights or claims Employee may have under the Age Discrimination in Employment Actlegal rights, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, amended: ● Title VII of the Civil Rights Act of 1964, as amended, ; ● Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code; ● The Executive Retirement Income Security Act of 1991, the 1974 (“ERISA”) (as modified below); ● The Immigration Reform and Control Act of 1986; ● The Americans with Disabilities Act of 1990; ● The Rehabilitation Act of 1973; ● The Age Discrimination in Employment Act of 1967 (“ADEA”); ● The Worker Adjustment and Retraining Notification Act, the ; ● The Occupational Safety and Health Act; ● The Fair Credit Reporting Act; ● The Family and Medical Leave Act of 1993; Section 1981 ● The Equal Pay Act of 1963; ● The Genetic Information Nondiscrimination Act of 2008; ● The New York Human Rights Law; ● The New York Executive Law; ● The New York Labor Law; ● The New York Civil Rights Law; ● The New York Equal Pay Law; ● The New York Whistleblower Law; ● The New York Legal Activities Law; ● The New York Wage-Hour and Wage Payment Laws and Regulations; ● The New York Minimum Wage Law; ● The New York Occupational Safety and Health Laws; ● The Non-discrimination and Anti-retaliation Provisions of the Civil New York Workers’ Compensation Law and the New York Disabilities Law; ● The New York Worker Adjustment and Retraining Notification Act; ● The New York City Human Rights Act of 1866Law; Section 1985(3) of the Civil Rights Act of 1871● The New York City Charter and Administrative Code; the Employee Retirement Income Security Act of 1974, as amended● The New York City Earned Safe and Sick Time Act; any other federal, state or local laws against discrimination; or ● any other federal, state, local or local other law, rule, regulation, constitution, code, guideline or ordinance; ● any public policy, contract (oral or written, express or implied), tort or common law; or ● any statute, common law, agreement or common law relating to employmentother basis for seeking or recovering any costs, wagesfees or other expenses, hours, or any other terms and conditions of employment, including, including but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by lawattorneys’ fees and/or costs. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Company.
Appears in 1 contract
Samples: General Release Agreement (Dime Community Bancshares, Inc. /NY/)
General Release of All Claims. For Pursuant to the Separation Agreement and in General Release entered into by and between LivePerson, Inc. (the “Company”) and Xxxx Xxxxxxxx (the “Executive”), dated effective as of April 30, 2018 (the “Separation Agreement”), Executive hereby enters into this General Release of All Claims (the “Release”). In consideration of the separation payments and/or other and benefits to be provided to and/or on behalf of Employee pursuant to this Agreement, and the agreements set forth herein, in Paragraph 3 of the Separation Agreement and other good and valuable consideration, the receipt and sufficiency of which Employee is hereby acknowledges acknowledged, the Executive hereby forever unconditionally and agreesirrevocably releases and discharges the Company, Employeeand each and all of its direct and indirect affiliates, on behalf parents, subsidiaries (wholly-owned or not), members, branches, divisions, business units or groups, agencies, predecessors, successors and assigns, any employee benefit plans established or maintained by any of Employee the foregoing entities and Employee’s successorseach and all of their current and former officers, heirsdirectors, beneficiariesemployees, trustees, plan administrators, agents, executors attorneys, representatives, partners, advisors and assigns, hereby voluntarily, knowingly, shareholders (collectively and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans (collectivelyindividually, the “ReleaseesReleased Parties”), from any and all claims, complaintsdemands, causes of action, chargescomplaints, demands agreements, promises (express or implied), contracts, undertakings, covenants, guarantees grievances, liabilities, damages, rights, of any kind or nature obligations, expenses, debts and demands whatsoever, in law or in equity, known or unknown, whether present or future, whether known or unknown, which and of whatsoever kind or nature that the Executive, his heirs, executors, administrators, representatives and assigns ever had, now have or hereafter can, shall or may have existed have, for, upon, or which may now exist by reason of any alleged or actual matter, omission, act, cause or thing from the beginning of time to until the date of he signs this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974, as amended; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms and conditions of employmentRelease, including, but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf those arising out of his employment or related to Employee’s employment with and/or the termination thereof; provided, however, that the foregoing shall not release Company from Employee’s employment with its continuing obligations set forth in the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the CompanySeparation Agreement.
Appears in 1 contract
General Release of All Claims. For and in consideration In exchange for the Company’s payments of the payments and/or Aggregate Severance Payment and the Bonus Payment and other benefits consideration as set forth in this Agreement, you, for yourself and for your heirs, executors, administrators, trustees, legal representatives and assigns and all other individuals and entities claiming through you, if any (hereinafter referred to be provided to and/or collectively as “Releasors”), forever release and discharge the Company and each past, present and future subsidiary, division, affiliate and related business entity of the Company and any of its or their predecessors, successors, assigns, assets, employee benefit plans (and the fiduciaries thereof) or funds and past, present and future officers, directors, fiduciaries, trustees, shareholders, employees and agents of the Company, whether acting on behalf of Employee pursuant the Company or in their individual capacities (hereinafter collectively referred to as “Releasees”) from any and all liabilities, actions, charges, causes of action, demands, damages, or claims for relief, remuneration, sums of money, accounts or expenses of any kind whatsoever (“Claims”) that may legally be waived by private agreement, known or unknown, which you ever had, now have, or may have against any of the Releasees, including but not limited to those related to your employment, your separation from employment or otherwise, from the beginning of time through the date that you sign this Agreement, except as otherwise specifically stated in this Agreement. You understand and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, agree that on behalf of Employee and Employee’s successors, heirs, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, Releasors you are releasing the Releasees from any and all current and former directorsClaims of the Releasors against the Releasees that may legally be waived by private agreement, officersincluding but not limited to Claims for breach of contract, executives and agents thereofpersonal injury, and their heirs and assignswages, benefits, defamation, wrongful discharge, and any and all pension benefit Claims based on any oral or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans (collectively, the “Releasees”), from any and all claims, complaints, causes of action, charges, demands written agreements or rights, of any kind or nature whatsoever, in law or in equitypromises, whether known or unknown, which may have existed or which may now exist from the beginning of time to the date of this Agreementarising under statute, including, without limitationbut not limited to, any claims Claims arising under (i) the Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release Retirement Income Security Act of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act1974, the Equal Pay Act, the Family and Medical Leave Act, (ii) the New York State Labor Law; the New York State Whistleblower Statute; the New York Human Rights Law (N.Y. Exec. Law §290 et seq.); and the New York City Human Rights Law (N.Y.C. Admin. Code §8-107), (iii) Ohio Rev. Code Xxx. §4112.01 et seq. (prohibiting employment discrimination and retaliation); Ohio Rev. Code Xxx. §4113.51 et seq. (prohibiting retaliation for reporting unlawful practices); Ohio Rev. Code Xxx. §4123.90 (prohibiting retaliation for asserting workers’ compensation claims); Ohio Rev. Code Xxx. §4113.01 et seq. (wage payment law), (iv) New Jersey Law Against Discrimination (N.J.S.A. §§10:5-1 et seq.); New Jersey Family Leave Act (N.J.S.A. §34:11B-1 et seq.); New Jersey Conscientious Employee Protection Act (N.J.S.A. §34:19-1 et seq.); New Jersey Worker Health and Safety Act (N.J.S.A. §34:6A-1 et seq.); New Jersey wage payment law (N.J.S.A. §34:11-1 et seq.); and (v) any other federal, state, local or foreign laws or regulations, contract (express or implied), constitutional provision, common law, tort, public policy or otherwise, from the beginning of time through the date that you sign this Agreement. You understand and agree that on behalf of the Releasors you are also releasing the Releasees from any and all Claims of the Releasors against the Releasees that may legally be waived by private agreement, including but not limited to Claims for retaliation, and Claims for discrimination or harassment in employment on the basis of race, color, creed, religion, age, national origin, alienage or citizenship, gender, sexual orientation, disability, genetic information, marital status, veteran’s status and any other protected grounds, including, but not limited to, any and all rights and Claims you may have arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Age Discrimination in Employment Act of 1993; Section 1981 of 1967, the Civil New York State Human Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974Law, as amended; any other federal, state or local laws against discrimination; or and any other federal, state, local or local statuteforeign laws or regulations, from the beginning of time through the date that you sign this Agreement. Notwithstanding the foregoing, nothing contained herein will constitute a release by you of: (i) any of your rights to the receipt of the Separation Payments and the treatment of your equity awards under the Stock Incentive Plan as provided in Section 10; (ii) any Claims that cannot be waived by applicable law, or common law relating (iii) any of your rights to employment, wages, hours, or indemnification pursuant to any other terms and conditions corporate document of employmentthe Company, including, but not limited towithout limitation, the Illinois Human Rights Act, Indemnification Agreement entered into between you and the Illinois Wage Payment and Collection Act and any other laws regarding Company dated January 1, 2011 (the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived“Indemnification Agreement”), or a claim to challenge the validity under any applicable directors’ and officers’ liability insurance policies of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Company.
Appears in 1 contract
General Release of All Claims. For In exchange for the payments and in consideration benefits provided by the Company under the terms of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this AgreementWelltower Inc. 2017-2019 Long-Term Incentive Program (the “Program”), and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agreesagrees provide adequate consideration to which Employee would not otherwise be entitled, EmployeeEmployee unconditionally, on behalf of Employee knowingly and Employee’s successorsvoluntarily releases, heirsremises, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and any of its stockholders, parents, affiliates, past or present subsidiaries, divisions, any joint ventures, affiliates, related entities, predecessors, merged entities and parent entities, benefit plans, and all current of their respective past and former present officers, directors, officersstockholders, executives employees, partners, members, managers, owners, consultants and agents thereofadvisors, benefit plan administrators and their heirs and assignstrustees, and any agents, attorneys, insurers, representatives, affiliates and all pension benefit or welfare benefit plans of the Company, including current their respective successors and former trustees and administrators of such pension benefit and welfare benefit plans assigns (collectively, the “ReleaseesCompany Released Parties”), from any and all claims, complaintsactions, causes of action, chargesdemands, demands obligations, grievances, suits, losses, debts and expenses (including attorney’s fees and costs), damages and claims in law or rightsin equity of any nature whatsoever, known or unknown, suspected or unsuspected, Employee ever had, now has, or may ever have against any Company Released Party up to and including the day on which Employee signs this Agreement. Without limiting the generality of the foregoing, subject to Section 1.2 below, the claims Employee is waiving include, but are not limited to, (a) any claims, demands, and causes of action alleging violations of public policy, or of any federal, state, or local law, statute, regulation, executive order, or ordinance, or of any duties or other obligations of any kind or nature whatsoever, description arising in law or in equityequity under foreign, whether known federal, state, or unknownlocal law, which may have existed regulation, ordinance, or which may now exist from public policy having any bearing whatsoever on the beginning terms or conditions of time to the date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment with or by the Company or the termination from or resignation of Employee’s employment with the Company, and further including a release of Company or any rights association or claims Employee may have under the Age Discrimination in Employment Act, as amended transaction with or by the Older Worker Benefits Protection ActCompany; (b) all claims of discrimination or harassment on the basis of age, the Equal Pay Actsex, race, national origin, religion, sexual orientation, disability, veteran status or any other legally protected category; (c) all claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the Genetic Information Nondiscrimination Act, 42 U.S.C. § 1981, and all other federal, state and local fair employment and anti-discrimination laws, all as amended, including without limitation the Ohio Civil Rights Act, O.R.C. § 4112.01 et seq., the Ohio Age Discrimination in Employment Act, O.R.C. § 4112.14, the Ohio Uniformed Services Employment and Reemployment Act, O.R.C. §§ 5903.01, 5903.02; (d) all claims under the Worker Adjustment and Retraining Notification Act and similar state and local statutes, all as amended; (e) all claims under the National Labor Relations Act, as amended; (f) all claims under the Family and Medical Leave Act of 1993and other federal, state and local leave laws, all as amended; Section 1981 of the Civil Rights Act of 1866; Section 1985(3(g) of the Civil Rights Act of 1871; all claims under the Employee Retirement Income Security Act, as amended (except with respect to accrued vested benefits under any retirement or 401(k) plan in accordance with the terms of such plan and applicable law); (h) all claims under the Saxxxxxx-Xxxxx Xct of 2002, the False Claims Act, the Doxx-Xrxxx Xxxx Xtreet Reform and Consumer Protection Act, the Securities Exchange Act of 19741934, the Commodity Exchange Act, the Consumer Financial Protection Act, the American Recovery and Reinvestment Act, the Foreign Corrupt Practices Act, and the EU Competition Law, all as amended; (i) all claims of whistleblowing and retaliation under federal, state and local laws, including without limitation the Ohio Whistleblower Protection Act, O.R.C. § 4113.51 et. seq., Ohio statutory provisions regarding retaliation/discrimination for pursuing a workers compensation claim; (j) all claims under the Ohio Minimum Fair Wages Act, O.R.C. § 4111.01 et seq.; (k) all claims under the Ohio Wage Payment Act, O.R.C. § 4113.15; (l) all claims under any principle of common law or sounding in tort or contract; (m) all claims concerning any right to reinstatement; (n) all claims under the Immigration Reform and Control Act; (o) all claims under the Fair Credit Reporting Act; (p) all claims under The Equal Pay Act; (q) all claims for attorneys’ fees, costs, damages or other relief (monetary, equitable or otherwise), whether under foreign, federal, state or local laws against discrimination; or any other federallaw, statewhether statutory, or local statute, regulatory or common law relating to employment, wages, hours, or any other terms and conditions of employment, including, but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wageslaw, to the maximum fullest extent permitted by law. This release further includes a release by Employee of ; and (r) all claims under any claims for wrongful dischargepolicy, breach of agreement, contract, torts understanding or promise, written or oral, formal or informal, between any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it Company Released Parties and Employee. Further, each of the persons and entities released herein is intended to and shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity third-party beneficiary of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Company.
Appears in 1 contract
General Release of All Claims. For (a) The term “Released Parties” includes (a) Ingredion Incorporated and in consideration Penford Corporation, and their past, present or future parents, divisions, subsidiaries, partnerships, affiliates, joint ventures, employee benefit plans and other related entities, and (b) each of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreementforegoing entities’ and persons’ past, present, and the agreements set forth hereinfuture owners, and other good and valuable considerationfiduciaries, the receipt and sufficiency of which Employee hereby acknowledges and agreesshareholders, Employeedirectors, on behalf of Employee and Employee’s successorsofficers, heirs, beneficiariespartners, agents, executors employees, and assignsattorneys, and (c) the predecessors, successors, and assigns of each of the foregoing entities and persons.
(b) Employee, and anyone claiming through Employee or on his behalf, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans (collectively, the “Releasees”), from Released Parties with respect to any and all claims, complaints, causes of action, charges, demands or rights, of any kind or nature whatsoever, in law or in equity, whether known or unknown, which may have existed that Employee now has or which may now exist has ever had against any of the Released Parties arising from the beginning of or related to any act, omission, or thing occurring or existing at any time on or prior to the date of on which Employee signs this Agreement. The claims released and discharged hereunder include, including, without limitation, any but are not limited to:
(i) all claims Employee may have arising from or relating related in any way to Employee’s employment employment, hiring, conditions of employment, retirement, or termination separation from employment with employment;
(ii) all claims that could have been asserted by or on behalf of Employee in any federal, state, or local court, commission, or agency, or under any common law theory, or under any employment, contract, tort, federal, state, or local law, regulation, ordinance, constitutional provision, or order; and
(iii) without limiting the Companygenerality of the foregoing, and further including a release all claims arising under any of any rights the following laws (as in effect or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, amended): Title VII of the Civil Rights Act of 1964, as amended, ; the Civil Rights Act of 1991, ; the Americans with Disabilities Act, ; the Family and Medical Leave Age Discrimination in Employment Act; the Older Workers’ Benefit Protection Act (“OWBPA”); the Fair Labor Standards Act; the Consolidated Omnibus Budget Reconciliation Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 18711986 (“COBRA”); the Employee Retirement Income Security Act of 1974; 42 U.S.C. §§ 1981, as amended1983, 1985 & 1988; any other federal, state or local laws against discriminationthe Family and Medical Leave Act; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms the Illinois Wage Payment and conditions of employment, including, but not limited toCollection Act, the Illinois Human Rights Act, ; and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by lawXxxx County Human Rights Ordinance. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims Nothing in any way related to this Agreement shall affect (i) Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement rights under any applicable law that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, creates rights that may not be waivedwaived or (ii) Employee’s vested retirement or pension benefits, if any, or a claim (iii) any claims to challenge the validity of enforce this Agreement. , or (iv) any rights to indemnification Employee waives may have pursuant to Ingredion bylaws or any right to any monetary recovery should any federal, applicable state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. law.
(c) Employee acknowledges confirms that Employee has not suffered filed any on-the-job injury or condition for which Employee legal proceeding(s) against any of the Released Parties, is the sole owner of the claims released herein, has not already filed a claimtransferred any such claims to anyone else, and has the full right to grant the releases and agreements in this Agreement. In the event of any further proceedings based upon any released matter, none of the Released Parties shall have any further monetary or other obligation of any kind to Employee, including but not limited to any obligation for any costs, expenses and attorneys’ fees incurred by or on behalf of Employee.
(d) Nothing in this Agreement is intended to or shall be construed as an admission by Ingredion or any of the other Released Parties that any of them violated any law, interfered with any right, breached any obligation or otherwise engaged in any improper or illegal conduct with respect to Employee further acknowledges that Employee has no pending claims against or otherwise. Ingredion and the CompanyReleased Parties expressly deny any such illegal or wrongful conduct.
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (Ingredion Inc)
General Release of All Claims. For and in consideration of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreement, and the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agreesEmployee, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiariesexecutors, agentsadministrators, executors successors and assigns, hereby voluntarilyeach in their capacities as such (collectively referred to throughout this Agreement as “Releasors”), knowingly, knowingly and willingly releases voluntarily release and forever discharges discharge, to the Company and fullest extent permitted by law, Employer, its stockholders, parentsparent corporation, affiliates, subsidiaries, divisions, any and all current and former directorsinsurers, officerspredecessors, executives and agents thereof, and their heirs successors and assigns, and any and all pension benefit or welfare benefit plans of the Company, including current and former trustees employees, attorneys, officers, directors, agents and administrators shareholders of such pension benefit Employer and welfare each of the foregoing entities affiliated with Employer, each in their capacities as such, and the employee benefit plans and programs (collectively“Employee Benefit Plans”), administrators and fiduciaries of Employer and each of the entities affiliated with Employer identified above, each in their capacities as such (all collectively referred to throughout this Agreement as “Releasees”), of and from any and all claims, complaintsdebts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, chargesjudgments, demands damages, expenses, or rights, of any kind or nature whatsoeverdemands, in law or in equity, whether known or unknownwhich Employee ever had, which may have existed now has, or which may now exist from arise in the beginning of time to future, regarding any matter arising on or before the date of Employee’s execution of this Agreement, including but not limited to all claims by Employee or on Employee’s behalf regarding Employee’s employment at or termination of employment from Dime, any contract (express or implied), any claim for equitable relief or recovery of punitive, compensatory, or other damages or monies (including claims as to taxes), attorneys' fees, any tort, and all claims for alleged discrimination based upon age, race, color, sex, sexual orientation, marital status, religion, national origin, handicap, disability, genetic information or retaliation, including any claim, known and unknown, asserted or unasserted, which Releasors have or may have against Releasees up to and including the date Employee signs this Agreement, including, without limitationbut not limited to, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with alleged violation of the Company, following laws and further including a release other sources of any rights or claims Employee may have under the Age Discrimination in Employment Actlegal rights, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, amended: • Title VII of the Civil Rights Act of 1964, as amended, ; • Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code; • The Employee Retirement Income Security Act of 1991, the 1974 (“ERISA”) (as modified below); • The Immigration Reform and Control Act of 1986; • The Americans with Disabilities Act of 1990; • The Rehabilitation Act of 1973; • The Age Discrimination in Employment Act of 1967 (“ADEA”); • The Worker Adjustment and Retraining Notification Act, the ; • The Occupational Safety and Health Act; • The Fair Credit Reporting Act; • The Family and Medical Leave Act of 1993; Section 1981 • The Equal Pay Act of 1963; • The Genetic Information Nondiscrimination Act of 2008; • The New York Human Rights Law; • The New York Executive Law; • The New York Labor Law; • The New York Civil Rights Law; • The New York Equal Pay Law; • The New York Whistleblower Law; • The New York Legal Activities Law; • The New York Wage-Hour and Wage Payment Laws and Regulations; • The New York Minimum Wage Law; • The New York Occupational Safety and Health Laws; • The Non-discrimination and Anti-retaliation Provisions of the Civil New York Workers’ Compensation Law and the New York Disabilities Law; • The New York Worker Adjustment and Retraining Notification Act; • The New York City Human Rights Act of 1866Law; Section 1985(3) of the Civil Rights Act of 1871• The New York City Charter and Administrative Code; the Employee Retirement Income Security Act of 1974, as amended• The New York City Earned Safe and Sick Time Act; any other federal, state or local laws against discrimination; or • any other federal, state, local or local other law, rule, regulation, constitution, code, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort or common law; or • any statute, common law, agreement or common law relating to employmentother basis for seeking or recovering any costs, wagesfees or other expenses, hours, or any other terms and conditions of employment, including, including but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action described in this paragraph, including known and unknown claims. This release is not intended as a bar to any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with attorneys’ fees and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Companycosts.
Appears in 1 contract
Samples: Agreement and General Release (Dime Community Bancshares, Inc. /NY/)
General Release of All Claims. For 1. In exchange for, and in consideration of, the payments, alterations, benefits, and other commitments described herein, NFHA hereby fully releases, acquits, and forever discharges GSL/DBG and DPS and each of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreementtheir individual predecessors, successors and assigns, parent corporations, subsidiary corporations, affiliated corporations, partnerships or companies in which they are a partner or member, and the agreements set forth hereinofficers, directors, shareholders, partners, employees, managers, members, representatives, insurers, attorneys and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, on behalf of Employee and Employee’s successors, heirs, beneficiaries, agents, executors past and assignspresent, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs and assigns, and any and all pension benefit or welfare benefit plans as of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans (collectively, the “Releasees”), Effective Date from any and all claims, complaintsliabilities, causes of action, chargesdamages, demands or rightscosts, attorneys’ fees, expenses, and compensation whatsoever, of any whatever kind or nature whatsoevernature, in law law, equity or in equityotherwise, whether known or unknown, which may have existed vested or which contingent, suspected or unsuspected, that NFHA may now exist from the beginning of time have or may, have ever had relating to the date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the CompanySubject Properties, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family NFHA hereby specifically waives and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1866; Section 1985(3) of the Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974, as amended; any other federal, state or local laws against discrimination; or any other federal, state, or local statute, or common law relating to employment, wages, hours, or any other terms and conditions of employmentreleases all such claims, including, but not limited to, those arising under the Illinois Human Rights ActFHAA, Applicable Fair Housing Standards, and any and all state or local statutes, ordinances, or regulations governing the Illinois Wage Payment accessibility of residential units and Collection Act and common areas at the Subject Properties including, without limitation, any other laws regarding the payment of wages, state law claim pursuant to the maximum extent permitted by law. This release further includes a release by Employee laws of the state of New Mexico, as well as all claims arising under federal, state, or local law involving any claims for wrongful discharge, breach of contract, torts or any other claims in any way claim related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of action claims described in this paragraph, including known Agreement. NFHA further represents and unknown claims. This release is warrants that its claims hereunder have not intended as a bar been assigned to any claim thatother person or entity.
2. GSL/DBG and DPS and each of their constituent entities fully release, by acquit, and forever discharge NFHA from any and all claims, liabilities, causes of action, damages, costs, attorneys’ fees, expenses, and compensation whatsoever, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, vested or contingent, suspected or unsuspected, as of the Effective Date that GSL/DBG or DPS may not be waived, now have or a claim have ever had relating to challenge the validity of Subject Properties and the allegations in this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Company. Employee acknowledges that Employee has not suffered any on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims against the Companyand hereby specifically waive and release all such claims.
Appears in 1 contract
Samples: Settlement Agreement