General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Bancorp, its parent corporation, 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 the 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 (“ERISA”) (as modified below); · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967 (“ADEA”); · The Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · The New Jersey Law Against Discrimination; · The New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A Workers’ Compensation Claim; · The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · 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.
Appears in 1 contract
General Release of All Claims. Employee knowingly and voluntarily The undersigned individual (the “Executive”) hereby irrevocably releases and forever discharges Bancorpany and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against Kid Brands, Inc. (the “Company”), its parent corporationshareholders, subsidiaries, affiliates, subsidiariessuccessors, divisions, predecessors, insurers, successors and assigns, and their current and former employeesofficers, directors, attorneys, officersfiduciaries, directors representatives, employees, licensees, agents and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries assigns (collectively referred to throughout the remainder of this Agreement as “Releasees”), to the extent arising out of or related to the performance of any services to or on behalf of the Company or the termination of those services and from any other than claims for payments, benefits or entitlements preserved by Section 4, and all claimsclaims for indemnification, known advancement of expenses and unknowndirectors’ and officers’ liability insurance coverage under Section 3(H), asserted or unasserted, which of the Employee has or may have against Releasees Employment Agreement dated as of March 14, 2013, between the date Company and the Executive (the “Employment Agreement”), including without limitation: (i) any such claims arising out of execution of this Agreementor related to any federal, state and/or local labor or civil rights laws including, but not limited towithout limitation, any alleged violation of: · Title VII of the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1964; · Sections 1981 through 1988 of Title 42 of 1993, the United States Code; · The Employee Retirement Income Security Act of 1974 (“ERISA”) (as modified below); · The Immigration Reform and Control 1974, the Age Discrimination in Employment Act; · The , the Americans with Disabilities Act of 1990; · The Age Discrimination in Employment , the Fair Labor Standards Act of 1967 (“ADEA”); · The Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · The 1938, the New York Human Rights Law, the New Jersey Law Against Discrimination; · The , the New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Wage wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The hour laws, and the New Jersey Conscientious Employee Protection Act, the California Fair Employment and Housing Act, the California Labor Code; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety (ii) any and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A Workers’ Compensation Claim; · The New Jersey Public Employees’ Occupational Safety all other such claims arising out of or related to any contract, any and Health Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · any all other federal, state or local lawconstitutions, rulestatutes, regulationrules, regulations or ordinance; · any public policy, contract, tort, or common lawexecutive orders; or · (iii) any basis and all such claims arising from any common law right of any kind whatsoever, including, without limitation, any claims for recovering costsany kind of tortious conduct, feespromissory or equitable estoppel, defamation, breach of the Company’s policies, rules, regulations, handbooks or manuals, breach of express or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any compensation of any kind whatsoever (collectively, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and defense against any and all of the Executive’s Claims against the Company and/or the other expenses Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any of the Releasees, as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or proceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, including attorneys’ fees incurred fees, in these defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that 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. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims, matters, disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in the first paragraph hereof, and that in furtherance of this intention this Release shall be and remain in effect as a full and complete general release to the extent set forth in the first paragraph herein, notwithstanding discovery or existence of any such additional or different facts.
Appears in 1 contract
General Release of All Claims. Employee Executive knowingly and voluntarily releases and forever discharges Bancorpthe Company, its parent corporation, 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 the Employee Executive 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 (“ERISA”) (as modified below); · ■ The Immigration Reform and Control Act; · ■ The Americans with Disabilities Act of 1990; · ■ The Age Discrimination in Employment Act of 1967 (“ADEA”); · ■ The Worker Adjustment and Retraining Notification Act; · ■ The Fair Credit Reporting Act; · ■ The Family and Medical Leave Act; · ■ The Equal Pay Act; · ■ The Genetic Information Nondiscrimination Act of 2008; · ■ The New Jersey Law Against DiscriminationYork State Human Rights Law; · ■ The New Jersey York Executive Law; ■ The New York Labor Law; ■ The New York Civil Rights ActLaw; · ■ The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey York Equal Pay Law; · ■ The New Jersey Occupational Safety and Health York Whistleblower Law; · ■ The New Jersey Smokers’ Rights York Wage-Hour and Wage Payment Laws and Regulations; ■ The New York Minimum Wage Law; · ■ The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A provisions of the New York Workers’ Compensation ClaimLaw and the New York State Disabilities Benefits Law; · ■ The New Jersey Public Employees’ Occupational Safety York State Worker Adjustment and Health Retraining Notification Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · ■ 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.
Appears in 1 contract
Samples: General Release Agreement (Innovative Food Holdings Inc)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges BancorpEmployer, its parent corporation, 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 the Employee has or may have against Releasees as of the date of execution of this AgreementAgreement and General Release, 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 (“"ERISA”") (as modified belowexcept 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 (“ADEA”); · § The Worker Adjustment and Retraining Notification Act; · § The Fair Credit Reporting Act; · § The Family and Medical Leave Act; · § The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · § The New Jersey Law Against DiscriminationYork State Human Rights Law, as amended; · § The New Jersey York State Civil Rights ActLaw, as amended; · § The New Jersey Family Leave ActYork State Wage Payment Laws, as amended; · § The New Jersey York State Wage and Hour Equal Rights Law, as amended; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · § The New Jersey Conscientious Employee Protection Act; · The New Jersey York State Equal Pay Law, as amended; · § The retaliation provisions of the New York State Workers’ Compensation and Disability Benefits Laws, as amended; § The New Jersey York State Labor Law, as amended; § The New York Occupational Safety and Health LawLaws, as amended; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A Workers’ Compensation Claim; · The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · § 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. 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 punative or certified class, collective or multi-party action or proceeding based on such a claim in which Employer or any other Releasee identified in this Agreement is a party. Notwithstanding the foregoing, the Employee and Releasees agree that this general release does not apply to any claims Employee may have for worker’s compensation benefits, unemployment insurance, the Consolidated Omnibus Budget Reconciliation Act of 1986, the provisions of the American Recovery and Reinvestment Act of 2009 or indemnification as an officer or in any other capacity of any Releasee as provided by state law or any organization documents or insurance policy of any Releasee as well as any other claims that cannot lawfully be released.
Appears in 1 contract
General Release of All Claims. Employee Employee, on Employee’s own behalf and on behalf of Employee’s heirs, executors, administrators, successors, and assigns knowingly and voluntarily releases release and forever discharges BancorpEmployer, its direct and indirect parent corporationcorporations, affiliates, subsidiaries, divisions, predecessors, insurers, reinsurers, professional employment organizations, representatives, 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 fiduciaries, both individually and in their business capacities (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 the Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to, any alleged violation ofof the following, as amended: · ● 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 (“ERISA”) (as modified below); · ● The Internal Revenue Code of 1986; ● The Immigration Reform and Control Act; · ● The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967 (“ADEA”); · ● The Worker Adjustment and Retraining Notification Act; · ● The Fair Credit Reporting Act; · ● The Family and Medical Leave Act; · ● The Equal Pay Act; · ● The Genetic Information Nondiscrimination Act of 2008; · ● The New Jersey Law Against DiscriminationUniformed Services Employment and Reemployment Rights Act of 1994 (USERRA); · ● Executive Order 11246, The New Jersey Rehabilitation Act, and The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA); ● the Ohio Civil Rights ActAct (OCRA); · The New Jersey Family Leave Act● the Ohio Equal Pay Statute; · The New Jersey State ● the Ohio Wage and Hour LawPayment Anti-Retaliation Statute; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee ● the Ohio Whistleblower's Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A ● the Ohio Workers’ ' Compensation Claim; · The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey laws regarding Political Activities of EmployeesAnti-Retaliation Statute, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · ● any other federal, state or local law, rule, regulation, or ordinance; · ordinance ● any public policy, contract, tort, or common law; ● any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation, PTO, and severance that may be legally waived and released; ● any and all claims for monetary or · any basis for recovering costsequitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or other expenses including attorneys’ fees incurred in these matters.expenses, costs and disbursements, punitive damages, liquidated damages, and penalties; and
Appears in 1 contract
Samples: Separation Agreement (Navidea Biopharmaceuticals, Inc.)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges BancorpInnodata, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employeespartners, attorneysaffiliates, members, owners, agents, officers, directors and agents directors, employees, attorneys thereof, both individually and in their business corporate capacities, and their employee benefit plans and plans, programs and arrangements and their administrators administrators, functionaries and fiduciaries (collectively referred to throughout the remainder of this Separation Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement, including but not limited to, arising out of or related to Employee’s employment or the termination of Employee’s employment with Innodata, 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 (“ERISA”) (as modified below); · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967 (“ADEA”); · The Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Workers Adjustment and Retraining Notification Act; The Occupational Safety and Health Act; The Fair Credit Reporting Act; The Genetic Information Nondiscrimination Act of 2008; · The Sxxxxxxx-Xxxxx Act of 2002; New Jersey Law Against Discrimination; · The New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification New Jersey Genetic Privacy Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A a Workers’ Compensation Claim; · New Jersey Family Leave Act; New Jersey Equal Pay Act; Millville Dallas Airmotive Plant Job Loss Notification Act; New Jersey Conscientious Employee Protection Act (Whistleblower Protection); The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey Fair Credit Reporting Act; New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · any other federalCalifornia Family Rights Act – Cal. Gov’t Code § 12945.2 et seq., state or local lawas amended; California Fair Employment and Housing Act – Cal. Gov’t Code § 12900 et seq., 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.as amended;
Appears in 1 contract
Samples: Separation Agreement (Innodata Inc)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Bancorpthe Employer, its parent corporation, 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 the Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to: (i) all claims arising out of, or related in any alleged violation ofway to, Employee’s employment, compensation, or terms and conditions of employment or separation of employment from Employer, including without limitation, all claims for any compensation payments, bonus, severance pay, equity or any other compensation or benefit, and all claims under the offer letter dated October 3, 2017 between Employer and Employee, and (ii) all claims that were or could have been asserted by Employee under applicable law, including: · 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 (“ERISA”) (as modified below); · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967 (“ADEA”); · The Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · The New Jersey Law Against DiscriminationYork State Human Rights Law; · The New Jersey York Executive Law; The New York Labor Law; The New York Corrections Law; The New York Civil Rights ActLaw; · The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey York Equal Pay Law; · The New Jersey York Whistleblower Law; The New York Legal Activities Law; The New York Wage-Hour and Wage-Payment Laws and Regulations; The New York Occupational Safety and Health LawLaws; · The Non-discrimination and Anti-retaliation Provisions of the New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A York Workers’ Compensation ClaimLaw and the New York Disabilities Law; · The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · any other federal, state state, local or local other law, rule, regulation, constitution, code, guideline, or ordinance; · any public policy, contractcontract (oral or written, express or implied), tort, or common law; any statute, common law, agreement or · any other basis for seeking or recovering damages for emotional distress, pain and suffering and/or mental anguish; or any statute, common law, agreement or other basis for seeking or recovering any costs, fees, or other expenses expenses, including but not limited to attorneys’ fees incurred in these mattersand/or costs, provided, however, that such general release will not limit or release Employee’s rights under this Agreement.
Appears in 1 contract
Samples: Separation Agreement (Balchem Corp)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges Bancorpthe Company, its parent corporationcorporations, affiliates, subsidiaries, divisions, predecessors, insurers, co-employers, successors and assigns, and their current current, former and former future employees, attorneys, officers, directors directors, shareholders, representatives 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 the Employee has or may have against Releasees as of the date of execution of this AgreementAgreement and General Release, 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 Civil Rights Act of 1991; ■ The Rehabilitation Act of 1973; ■ The Employee Retirement Income Security Act of 1974 (“ERISA”) (as modified belowexcept for any vested benefits under any tax qualified benefit plan); · ■ The Immigration Reform and Control Act; · ■ The Americans with Disabilities Act of 19901990 and its amendments; · ■ The Older Worker Benefits Protection Act; ■ The Age Discrimination in Employment Act of 1967 (“ADEA”)1967; · ■ The Worker Family and Medical Leave Act, and its amendments; ■ The Workers Adjustment and Retraining Notification Act; · ■ The Fair Credit Reporting Act; · ■ The Family and Medical Leave Xxxxxxxx-Xxxxx Act; · ■ The Labor Management Relations Act; ■ The National Labor Relations Act; ■ The Equal Pay Act; · ■ The Genetic Information Nondiscrimination Act of 2008Consolidated Omnibus Budget Reconciliation Act; · ■ The New Jersey Law Against DiscriminationFair Labor Standards Act; · ■ The New Jersey Civil Uniformed Services Employment and Reemployment Rights Act; · ■ The New Jersey Family Leave ActXxxxx Xxxxxxxxx Fair Pay Act of 2009; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A Workers’ Compensation Claim; · The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · ■ 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. Employee specifically represents, warrants and confirms that: (a) he has no claims, complaints or actions of any kind filed against the Releasees with any court of law, or local, state or federal government or agency and is not currently aware of any governmental investigation with respect to the Company; (b) he has been properly paid for all hours worked for Employer, and that all commissions, bonuses and other compensation due to his has been paid, with the exception of any salary or consideration explicitly set forth in Section 2 of this Agreement; (c) other than as explicitly set forth in Section 2 of this Agreement, Employee further acknowledges no entitlement to any additional compensation or payment in connection with his employment with Company or ownership/equity (including options to purchase the Company’s common stock under any of the Company’s option plan(s)) in the Company or rights to purchase stock under any other stock purchase plan of the Company); (d) he has not engaged in, and is not aware of, any unlawful conduct in relation to the business of the Company; and (e) Employee acknowledges and agrees that, prior to the Employment Date, Employee has properly submitted for reimbursement all of his expenses in connection with his employment and shall have paid his Company credit card in full (and Employee also acknowledges and agrees, consistent with Insys policies and procedures, that to the extent that Employee has not paid his company credit card in full by the Separation Date that Insys may, but is not obligated to, deduct from his Severance any amounts needed to make payment on his company credit card). If any of these statements in this paragraph are not true, Employee cannot sign this Agreement and must notify the Company immediately, in writing, of the statements that are not true: provided, however, Employee is required to notify Insys immediately, in writing, if the statements that are not true at any time, and if Employee provides such notice Employee will not automatically be disqualified from receiving any Severance under this Agreement, but the issue will be subject to Insys’s review and consideration and reasonable discretion. This general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers' compensation or unemployment laws, and/or any claims which cannot be waived by law. For the sake of clarity, to the extent the law permits Employee to file or otherwise pursue on his behalf any charge, complaint or claim against the Company or a Releasee, Employee expressly agrees to waive, forfeit or otherwise forgo any monetary damages, including but not limited to compensatory damages, punitive damages, any statutory share of the damages and/or penalties imposed on the Company or a Releasee and attorneys' fees, to which Employee may otherwise be entitled in connection with said charge, complaint or claim.
Appears in 1 contract
General Release of All Claims. Employee Employee, on Employee’s own behalf and on behalf of Employee’s heirs, personal representatives, successors and assigns, knowingly and voluntarily releases and forever discharges BancorpAkoustis, Inc., its parent corporation, affiliates, subsidiaries, divisions, predecessors, co-employers, 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 the trustees, administrators, fiduciaries and fiduciaries insurers of such plans and programs (collectively referred to throughout the remainder of this Separation Agreement & Release as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of Employee’s execution of this AgreementSeparation Agreement & Release, 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 (“ERISA”) (as modified below)1974; · ● The Immigration Reform and Control Act; · ● The Americans with Disabilities Act of 1990; · ● The Age Discrimination in Employment Act of 1967 (“ADEA”); · ● The Family Medical Leave Act; ● The Equal Pay Act; ● The Workers Adjustment and Retraining Notification Act; ● The Fair Credit Reporting Act; ● All New York laws, including the New York State Human Rights Law, the New York Labor Law (including but not limited to the Retaliatory Action by Employers Law, the New York State Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family , all provisions prohibiting discrimination and Medical Leave Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · The retaliation, and all provisions regulating wage and hour law), the New Jersey Law Against Discrimination; · The New Jersey York Civil Rights Act; · The Law, Section 125 of the New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A York Workers’ Compensation ClaimLaw, Article 23-A of the New York Correction Law, the New York City Human Rights Law, or the New York City Earned Sick Leave Law; · The New Jersey Public Employees’ Occupational Safety ● All North Carolina laws, including the North Carolina Retaliatory Employment Discrimination Act, the North Carolina Persons with Disabilities Protection Act, the Equal Employment Practices Act, the Sickle Cell and Health Hemoglobin Trait Discrimination Act, the Genetic Testing and Information Discrimination Act, the Use of Lawful Products Discrimination Act, the AIDS and HIV Status Discrimination Act, the Jury Service Discrimination Act, or the Military Service Discrimination Act; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · ● 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. Employee understands that the provisions of this paragraph mean that Employee cannot bring a lawsuit or arbitration in any forum against the Releasees for any reason for claims Employee may have as of the date of this Separation Agreement & Release. 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 multi-party action or proceeding based on such a claim in which Akoustis or any other Releasee identified in this Separation Agreement & Release is a party. Employee further agrees not to sue Akoustis or any of the Releasees with regard to any claim released above. However, this general release and waiver of claims excludes, and the Employee does not waive, release, or discharge: (A) any right to file an administrative charge or complaint with, or testify, assist, or participate in an investigation, hearing, or proceeding conducted by any federal or state administrative agencies; (B) claims that cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation; (C) any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of the applicable plan documents and award agreements; and (D) claims under the New York Military Law; provided that Employee expressly releases, waives, and disclaims any right to compensation or other benefit that may otherwise inure to Employee as a result of any such charge or administrative complaint, with the exception of any award from the Securities and Exchange Commission (“SEC”).
Appears in 1 contract
Samples: Separation Agreement & Release (Akoustis Technologies, Inc.)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges BancorpRHI, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, including but not limited to Hallmark Entertainment, Inc. and Signboard Hill Productions, Inc., 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 the Employee has or may have against Releasees as of the date of execution of this AgreementAgreement and General Release, 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 (“ERISA”) (as modified belowexcept 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 (“ADEA”); · • The Worker Workers Adjustment and Retraining Notification Act; · • The Fair Credit Reporting Act; · • The Family and Medical Leave New York Human Rights Law, as amended; • The New York Executive Law Section 290 et seq.; • The New York State Labor Relations Act; · The Equal Pay Act; · The Genetic Information Nondiscrimination Act of 2008; · • The New Jersey Law Against DiscriminationYork Labor Law; · • The New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey York Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · • The New Jersey Genetic Privacy ActYork Wage Hour and Wage Payment Laws; · • The New Jersey Fair Credit Reporting ActYork Minimum Wage Law, as amended; · • The New Jersey York City Administrative Code; • Equal Pay Law for New York, as amended; • Missouri Human Rights Law – Mo. Rev. Stat. §213.010 et seq.; • Missouri Statutory Provision Provisions Regarding Retaliation/Discrimination for Filing A Workers’ Worker’s Compensation ClaimClaim – Mo. Rev. Stat. §287.780; · The New Jersey Public Employees’ Occupational Safety • Missouri Equal Pay Law – Mo. Rev. Stat. §290.400 et seq.; • Missouri Handicap Discrimination Law – Mo. Rev. Stat §209.150 et seq.; • Missouri State Wage Payment and Health ActWork Hour Laws; · New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination; · • 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.
Appears in 1 contract
Samples: General Release Agreement (RHI Entertainment, Inc.)
General Release of All Claims. Employee knowingly and voluntarily releases and forever discharges BancorpInnodata, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employeespartners, attorneysaffiliates, members, owners, agents, officers, directors and agents directors, employees, attorneys thereof, both individually and in their business corporate capacities, and their employee benefit plans and plans, programs and arrangements and their administrators administrators, functionaries and fiduciaries (collectively referred to throughout the remainder of this Separation Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, which the Employee has or may have against Releasees as of the date of execution of this Agreement, including but not limited to, arising out of or related to Employee’s employment or the termination of Employee’s employment with Innodata, 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 (“ERISA”) (as modified below); · The Immigration Reform and Control Act; · The Americans with Disabilities Act of 1990; · The Age Discrimination in Employment Act of 1967 (“ADEA”); · The Worker Adjustment and Retraining Notification Act; · The Fair Credit Reporting Act; · The Family and Medical Leave Act; · The Equal Pay Act; · The Workers Adjustment and Retraining Notification Act; The Occupational Safety and Health Act; The Fair Credit Reporting Act; The Genetic Information Nondiscrimination Act of 2008; · The Sxxxxxxx-Xxxxx Act of 2002; New Jersey Law Against Discrimination; · The New Jersey Civil Rights Act; · The New Jersey Family Leave Act; · The New Jersey State Wage and Hour Law; · The Millville Dallas Airmotive Plant Job Loss Notification New Jersey Genetic Privacy Act; · The New Jersey Conscientious Employee Protection Act; · The New Jersey Equal Pay Law; · The New Jersey Occupational Safety and Health Law; · The New Jersey Smokers’ Rights Law; · The New Jersey Genetic Privacy Act; · The New Jersey Fair Credit Reporting Act; · The New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing A a Workers’ Compensation Claim; · New Jersey Family Leave Act; New Jersey Equal Pay Act; Millville Dallas Airmotive Plant Job Loss Notification Act; New Jersey Conscientious Employee Protection Act (Whistleblower Protection); The New Jersey Public Employees’ Occupational Safety and Health Act; · New Jersey Fair Credit Reporting Act; New Jersey laws regarding Political Activities of Employees, Lie Detector Tests, Jury Duty, Employment Protection, and Discrimination;; · 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.
Appears in 1 contract
Samples: Separation Agreement (Innodata Inc)