Common use of General Release of Claims by Employee Clause in Contracts

General Release of Claims by Employee. In exchange for the benefits of this Agreement, and in consideration of the further agreements and promises set forth herein, Employee, on behalf of himself and his executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives, and the employee benefit plans in which Employee is or has been a participant by virtue of his employment with or service to the Company (collectively, the “Releasees”), from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever, including attorneys’ fees and costs (collectively, “Claims”), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected, which Employee has or may have had against such entities based on any events or circumstances arising or occurring on or prior to the date hereof, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever Employee’s employment by or service to the Company or the termination thereof, and Employee’s right to purchase, or actual purchase of, any common shares or other equity interests of the Company or any of its affiliates, including any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, negligent or intentional misrepresentation, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, conversion, disability benefits, or other liability in tort or contract; claims for recovery of attorneys’ fees and costs; claims for any loss, cost, damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and all legal and equitable claims of any kind that may be brought in any court or administrative agency including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, as amended (“ADEA”); the Rehabilitation Act of 1973, as amended; the Civil Rights Act of 1866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended; the Genetic Information Nondiscrimination Act; the Equal Pay Act, as amended; regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended; the Fair Labor Standards Act of 1938, as amended; the Employee Retirement Income Security Act, as amended; the Fair Credit Reporting Act.; the Worker Adjustment and Retraining Notification Act; the Xxxxxxxx-Xxxxx Act, 18 U.S.C. Section 1514A.1, et seq.; the Pennsylvania Human Relations Act; the federal and any state constitution; and all Pennsylvania state and local laws.

Appears in 2 contracts

Samples: Separation and Transition Agreement (Usa Technologies Inc), Separation and Transition Agreement (Usa Technologies Inc)

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General Release of Claims by Employee. In exchange IN CONSIDERATION for the benefits of this Agreementagreements and payments set forth above: A. Employee agrees and hereby releases FCFC and its subsidiaries, and in consideration each of the further agreements and promises set forth herein, Employee, on behalf of himself and his executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporationsemployees, affiliates, related, and/or subsidiary entities, and all of their past and present investorsofficers, directors, shareholders, officersaffiliates, general or limited partnersagents, employeessuccessors and assigns, attorneysincluding, agents without limitation, trustees and representatives, and the administrators of each employee benefit plans in which Employee plan maintained by FCFC or any of its subsidiaries (each of the foregoing is or has been hereinafter referred to individually as a participant by virtue of his employment with or service to the Company (collectively, “Released Party” and collectively as the “ReleaseesReleased Parties), ) from any and all claims, debtscounterclaims, rights, demands, accountscosts, judgmentsdamages, rightslosses, liabilities, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoeveractions, including any claims for attorneys’ fees and court costs (each, a “Claim,” and collectively, “Claims”)) that Employee may have or claim to have against any Released Party as a result of her/his employment by, association with and separation from FCFC. Such release shall include, but not be limited to, Claims for any compensation, bonus, commissions, salaries, pensions, vacation payments or any payments of any kind, apart from those set forth above. This Release shall include a release from any and all such Claims, whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspected, foreseen or unforeseen, real or imagined, actual or potential through the date of this Agreement. Employee agrees to pay for any legal fees, costs or damages incurred by any Released Party as a result of any breach of her/his promises as contained in this Agreement. B. Without limiting the generality of the foregoing, Employee knowingly and voluntarily releases and forever discharges each Released Party of and from any and all Claims, known and unknown, suspected or unsuspected, foreseen or unforeseen, real or imagined, actual or potential, which Employee has Employee, her/his heirs, executors, administrators, successors, and assigns (referred to collectively throughout this Agreement as “Employee”) have or may have had against such entities based on Released Party at any events or circumstances arising or occurring on or time prior to the date hereof, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever Employee’s employment by or service to the Company or the termination thereof, and Employee’s right to purchase, or actual purchase of, any common shares or other equity interests of the Company or any of its affiliates, including any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, negligent or intentional misrepresentation, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, conversion, disability benefits, or other liability in tort or contract; claims for recovery of attorneys’ fees and costs; claims for any loss, cost, damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Employee as a result execution of this Agreement; and all legal and equitable claims of any kind that may be brought in any court or administrative agency , including, without limitationbut not limited to, claims under any alleged violation of: The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, as amended (“ADEA”); the Rehabilitation Act of 1973, as amended; the Civil Rights Act of 1866, and the The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 U.S.C. Section 1981of the United States Code, et seqas amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Older Workers Benefit Protection Act; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act; The Pennsylvania Human Relations Act, as amended; The Pennsylvania Wage Payment and Collection Law, as amended; The Pennsylvania Minimum Wage Act, as amended; The Pennsylvania Equal Pay Law, as amended; The Pennsylvania Workers’ Compensation Act; any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; any public policy, contract, tort or common law; or any allegation for costs, fees, or other expenses including attorneys’ fees incurred in this matter.; C. With respect to any and all Claims that Employee could potentially allege under the Age Discrimination in Employment Act, as amended; the Genetic Information Nondiscrimination Act; the Equal Pay Act, as amended; regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, 29 U.S.C. §621 et seq., Employee hereby agrees and acknowledges the following: i. That the terms of this Agreement constitute a release and waiver of any and all Claims Employee may have under the Age Discrimination in Employment Act through the date of this Release; ii. That Employee has carefully read the terms of this Agreement, has had an opportunity to consult with her/his legal counsel and fully understands the terms of the Agreement, including that it will release and waive any claim she/he may have under the Age Discrimination and Employment Act; iii. That this Agreement affects only those rights and claims under the Age Discrimination and Employment Act that accrued to Employee through the date of this Agreement, but not any claim which may arise after the date of this Agreement; iv. That this waiver and release of claims under the Age Discrimination in Employment Act are given specifically and in consideration for the promises and benefits set forth in the Agreement referred to above; v. That Employee is hereby advised in writing to consult with her/his attorney prior to executing this Agreement, and that Employee acknowledges that she/he has done so prior to signing this Agreement; vi. That Employee acknowledges that she/he has been given a period of twenty-one (21) days within which to consider the terms of this Agreement and any claims she/he may have under the Age Discrimination in Employment Act; and vii. That Employee understands and acknowledges that she/he has a period of seven (7) days following her/his execution of this Agreement to revoke this Agreement with respect to any claims that she/he may have under the Family and Medical Leave Age Discrimination in Employment Act, as amended; and that the Fair Labor Standards Agreement shall not be enforceable under the Age Discrimination in Employment Act of 1938, as amended; during this seven (7) day period with the Employee Retirement Income Security Act, as amended; the Fair Credit Reporting Act.; the Worker Adjustment and Retraining Notification Act; the Xxxxxxxx-Xxxxx Act, 18 U.S.C. Section 1514A.1, et seq.; the Pennsylvania Human Relations Act; the federal and understanding that any state constitution; such revocation will release FCFC from any and all Pennsylvania obligations it may have under any agreement existing between Employee and FCFC. Any revocation within this period must be submitted, in writing, to Xxxxxx X. Xxxxxx of FIRST COMMONWEALTH FINANCIAL CORPORATION and state “I hereby revoke my acceptance of our Agreement and local lawsGeneral Release.” The revocation must be personally delivered to Xxxxxx X. Xxxxxx or her designee, or mailed to Xxxxxx X. Xxxxxx, FIRST COMMONWEALTH FINANCIAL CORPORATION, X.X. XXX 000, XXXXXXX, XX 00000- 0400 and be postmarked within seven (7) days of execution of this Separation Agreement and General Release. If Employee does not advise Xxxxxx X. Xxxxxx, in writing that she/he revokes this Agreement within seven (7) days of her/his execution of it, she/he understands that this Agreement shall be forever effective and enforceable. If the last day of the revocation period is a Saturday, Sunday or legal holiday in Pennsylvania, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday or legal holiday.

Appears in 2 contracts

Samples: Separation Agreement (First Commonwealth Financial Corp /Pa/), Separation Agreement (First Commonwealth Financial Corp /Pa/)

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General Release of Claims by Employee. In exchange for the benefits of this Agreement, and in consideration of the further agreements and promises set forth herein, The Employee, on behalf of himself herself and his her executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representativesagents, and the employee benefit plans in which Employee is or has been a participant by virtue of his employment with or service to the Company (collectively, the “Releasees”)attorneys, from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever, whatsoever (including attorneys’ fees and costs (collectively, “Claims”costs), whether in law or equity, known or unknown, asserted or unasserted, suspected or unsuspectedunsuspected (collectively, “Claims”), which the Employee has or may have had against such entities based on any events or circumstances arising or occurring on or prior to the date hereof, including: a. any and all Claims relating to or arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever from Employee’s employment by or service to relationship with the Company or and/or the termination thereof, and Employee’s right to purchase, or actual purchase of, any common shares or other equity interests of the Company or any of its affiliates, including that relationship; b. any and all claims arising under federal, state, or local laws relating to Claims for wrongful discharge of employment; termination in violation of public policy; discrimination of any kind, including without limitation claims gender, age, race, national origin, marital status, sexual orientation, and/or disability discrimination; harassment of wrongful dischargeany kind, including harassment on the basis of gender, age, race, national origin, marital status, sexual orientation, and/or disability; breach of express or implied contract, fraudboth express and implied; breach of a covenant of good faith and fair dealing, negligent or intentional misrepresentation, both express and implied; inducing breach of any contract; promissory estoppel, ; reformation; negligent or intentional infliction of emotional distress, ; negligent or intentional misrepresentation; deceit; concealment; negligent or intentional interference with contract or prospective economic advantage, ; unfair business practices, ; defamation, ; libel, ; slander, ; negligence, ; breach of fiduciary duty; personal injury, ; assault, ; battery, ; invasion of privacy, ; false imprisonment, ; conspiracy; and/or conversion, disability benefits, or other liability in tort or contract; claims ; c. any and all Claims for recovery of attorneys’ fees and costs; claims for any loss, cost, damage, or expense arising out violation of any dispute over the non-withholding federal, state or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and all legal and equitable claims of any kind that may be brought in any court or administrative agency includingmunicipal statute, without limitation, claims under including Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, as amended (“ADEA”); the Rehabilitation Act of 1973, as amended; the Civil Rights Act of 1866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment ActAct of 1967, as amended; the Genetic Information Nondiscrimination Act; the Equal Pay ActAmericans with Disabilities Act of 1990, as amended; regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended; the Fair Labor Standards Act of 1938Act, as amended; the Employee Retirement Income Security ActAct of 1974, as amended; the Fair Credit Reporting Act.; the Worker Adjustment and Retraining Restraining Notification Act; , the Xxxxxxxx-Xxxxx Computer Fraud and Abuse Act, 18 U.S.C. Section 1514A.1the Economic Espionage Act, et seq.; the Pennsylvania Human Relations California Fair Employment and Housing Act; , the federal and California Family Rights Act, the Uniform Trade Secrets Act, the laws of the State of California, or the laws of any state constitution; other jurisdiction in which the Company has a facility or does business; d. any and all Pennsylvania Claims for violation of the federal, or any state, constitution; e. any and all Claims arising out of any other state or federal laws and local lawsregulations relating to employment, or employment discrimination; and f. any and all Claims for attorneys’ fees and costs, whether pursuant to California Labor Code §218.5, California Labor Code §1194 or any other statute or contract. Each of the parties to this Agreement agrees that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to (a) any obligations incurred under this Agreement or any obligations incurred under the May 3, 2024 Offer Letter, (b) any vested rights under pension or retirement plans, or any other employee benefit plans, programs, or policies of the Company and its affiliates; (c) any obligations which cannot be released by law, and (d) any right Employee may have to file a charge, testify or participate in an EEOC or other governmental investigation, hearing or proceeding, provided, however, that by signing this Agreement, Employee understands and agrees that Employee is waiving the right to any personal recovery either in Employee’s own action or one brought by the EEOC or other governmental authority on Employee’s behalf. In addition, this release does not extend to (1) any indemnification rights to which Employee may be entitled under the Company’s Articles of Incorporation or Bylaws, by contract, or as a matter of law, or (2) Employee’s rights following the date hereof with respect to any vested equity interests Employee holds in the Company or any of its past or present affiliates.

Appears in 2 contracts

Samples: Separation Agreement (Coursera, Inc.), Separation Agreement (Coursera, Inc.)

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