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

General Release of Claims by Employee. In consideration of and in return for the promises and covenants undertaken herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, hereby releases, relieves, and forever discharges the Company, and each of its past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, vendors, customers, clients, patients, subsidiaries, parent companies, affiliates (including, without limitation, Alignment Healthcare Partners, LP and Parent), related entities, assigns, predecessors and successors in interest, and each and all of them (collectively, the “Releasees”), of and from any and all claims, rights, actions, causes of action, complaints, demands, obligations, promises, contracts, controversies, debts, expenses, damages, injuries, losses, liens, costs, attorneys’ fees, interest, judgments, and liabilities of any nature whatsoever, whether or not now known, suspected or unsuspected, matured or unmatured, fixed or contingent (collectively, the “Claims” and each a “Claim”), which Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, ever had, now has, or may claim to have from the beginning of time to the moment Employee signs this Agreement, against the Releasees (whether directly or indirectly), or any of them, including, without limiting the generality of the foregoing, any and all Claims arising out of, connected with, or relating to: (1) Employee’s relationship and/or employment with the Company (and any of the Releasees) or the cessation of that relationship and/or employment; (2) any act or omission by or on the part of the Releasees, or any of them, up to and including the date Employee signs this Agreement; (3) any federal, state or local law prohibiting discrimination, harassment, or retaliation of any kind, whether such claim is based upon an action filed by Employee or by a governmental agency; (4) any alleged statutory (federal or state) violation, including, without limitation, the California Labor Code, applicable California Wage Order, California Civil Code, Fair Employment and Housing Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, California Family Rights Act, California Business and Professions Code, Fair Labor Standards Act, or Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended; (5) assault, battery, breach of any express or implied employment contract or agreement, wrongful discharge, breach of the implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, fraud, intentional or negligent misrepresentation, defamation, or interference with prospective economic advantage or contractual relations, or any other tort or violation of common law; (6) any state, federal or local law regulating compensation, salaries, equity, wages, hours, bonuses, commissions, overtime, benefits, monies, pay, allowances, benefits, sick pay, severance pay, retention pay or benefits, paid leave benefits, vacation pay, penalties, interest, or damages; and (7) any claim for attorneys’ fees, costs, or expenses; provided, however, that the foregoing does not purport to release any Claims that may not be released as a matter of law. Employee further agrees to waive Employee’s right to any monetary or equitable recovery in connection with any federal, state, or local administrative agency’s investigation into any claims arising out of or related to Employee’s employment with and/or separation from employment with the Company, to the extent permitted by law. Notwithstanding the foregoing, this release does not release any claims which may not be released as a matter of law.

Appears in 2 contracts

Samples: Separation Agreement (Alignment Healthcare, Inc.), Separation Agreement (Alignment Healthcare, Inc.)

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General Release of Claims by Employee. In consideration of and in return for the promises and covenants undertaken herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, hereby releases, relieves, and forever discharges the Company, and each of its past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, vendors, customers, clients, patients, subsidiaries, parent companies, affiliates (including, without limitation, Alignment Healthcare Partners, LP and Parent), related entities, assigns, predecessors and successors in interest, and each and all of them (collectively, the “Releasees”), of and from any and all claims, rights, actions, causes of action, complaints, demands, obligations, promises, contracts, controversies, debts, expenses, damages, injuries, losses, liens, costs, attorneys’ fees, interest, judgments, and liabilities of any nature whatsoever, whether or not now known, suspected or unsuspected, matured or unmatured, fixed or contingent (collectively, the “Claims” and each a “Claim”), which Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, ever had, now has, or may claim to have from the beginning of time to the moment Employee signs this Agreement, against the Releasees (whether directly or indirectly), or any of them, including, without limiting the generality of the foregoing, any and all Claims arising out of, connected with, or relating to: (1) Employee’s relationship and/or employment with the Company (and any of the Releasees) or the cessation of that relationship and/or employment; (2) any act or omission by or on the part of the Releasees, or any of them, up to and including the date Employee signs this Agreement; (3) any federal, state or local law prohibiting discrimination, harassment, or retaliation of any kind, whether such claim is based upon an action filed by Employee or by a governmental agency; (4) any alleged statutory (federal or state) violation, including, without limitation, the California Labor Code, applicable California Wage Order, California Civil Code, Fair Employment and Housing Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, California Family Rights Act, California Business and Professions Code, Fair Labor Standards Act, or Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended; (5) assault, battery, breach of any express or implied employment contract or agreement, wrongful discharge, breach of the implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, fraud, intentional or negligent misrepresentation, defamation, or interference with prospective economic advantage or contractual relations, or any other tort or violation of common law; (6) any state, federal or local law regulating compensation, salaries, equity, wages, hours, bonuses, commissions, overtime, benefits, monies, pay, allowances, benefits, sick pay, severance pay, retention pay or benefits, paid leave benefits, vacation pay, penalties, interest, or damages; and (7) any claim for attorneys’ fees, costs, or expenses; provided, however, that the foregoing does not purport to release any Claims that may not be released as a matter of law. Employee further agrees to waive Employee’s right to any monetary or equitable recovery in connection with any federal, state, or local administrative agency’s investigation into any claims arising out of or related to Employee’s employment with and/or separation from employment with the Company, to the extent permitted by law. Notwithstanding the foregoing, this release does not release any claims which may not be released as a matter of law.

Appears in 1 contract

Samples: Separation Agreement (Alignment Healthcare, Inc.)

General Release of Claims by Employee. In consideration of As a material inducement to Americana to enter into this Agreement and in return consideration for the promises payments and covenants undertaken hereinbenefits to be provided by Americana to Employee as outlined in paragraph 3, Employee hereby irrevocably and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, hereby unconditionally releases, relieves, acquits and forever discharges the CompanyAmericana, and each of its pastcurrent and former owners, present and future employeesstockholders, predecessors, successors, assigns, agents, directors, officers, directors, members, agents, trustees, administratorsemployees, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, vendors, customers, clients, patientsdivisions, subsidiaries, parent companieswhether wholly or partially owned, and affiliates (includingand current and former agents, without limitationdirectors, Alignment Healthcare Partnersofficers, LP employees, representatives and Parentattorneys of such divisions, subsidiaries and affiliates), related entities, assigns, predecessors and successors in interest, and each and all persons acting by, through, under or in concert with any of them (collectively, the “collectively "Releasees"), or any of and them, from any and all charges, complaints, claims, rightsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, complaintssuits, rights, demands, obligations, promises, contracts, controversies, debts, expenses, damages, injuriescosts, losses, liensdebts and expenses (including attorneys' fees and costs actually incurred), costs, attorneys’ fees, interest, judgments, and liabilities of any nature whatsoever, whether known or not now known, suspected or unsuspected, matured or unmatured, fixed or contingent (collectively, the “Claims” and each a “Claim”), which Employee, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, ever had, now has, or may claim to have from the beginning of time to the moment Employee signs this Agreement, against the Releasees (whether directly or indirectly), or any of them, including, without limiting the generality of the foregoing, any and all Claims arising out of, connected with, or relating to: (1) Employee’s relationship and/or employment with the Company (and any of the Releasees) or the cessation of that relationship and/or employment; (2) any act or omission by or on the part of the Releasees, or any of them, up to and including the date Employee signs this Agreement; (3) any federal, state or local law prohibiting discrimination, harassment, or retaliation of any kind, whether such claim is based upon an action filed by Employee or by a governmental agency; (4) any alleged statutory (federal or state) violationunknown, including, without limitation, any claim under the California Labor Code, applicable California Wage Order, California Civil Code, Fair Employment and Housing Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Actas amended ("Claim" or "Claims"), California Family Rights Actwhich Employee now has, California Business and Professions Code, Fair Labor Standards Actowns or holds, or Consolidated Omnibus Budget Reconciliation Act (COBRA)claims to have, as amended; (5) assaultown or hold or which Employee at any time heretofore had, batteryowned or held, breach of or claimed to have, own or hold against each or any express or implied employment contract or agreement, wrongful discharge, breach of the implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, fraud, intentional or negligent misrepresentation, defamation, or interference with prospective economic advantage or contractual relations, or any other tort or violation of common law; (6) any state, federal or local law regulating compensation, salaries, equity, wages, hours, bonuses, commissions, overtime, benefits, monies, pay, allowances, benefits, sick pay, severance pay, retention pay or benefits, paid leave benefits, vacation pay, penalties, interest, or damages; and (7) any claim for attorneys’ fees, costs, or expenses; provided, however, that the foregoing does not purport to release any Claims that may not be released as a matter of law. Employee further agrees to waive Employee’s right to any monetary or equitable recovery in connection with any federal, state, or local administrative agency’s investigation into any claims arising out of or related to Employee’s employment with and/or separation from employment with the Company, to the extent permitted by law. Notwithstanding the foregoing, this release does not release any claims which may not be released as a matter of lawReleasees.

Appears in 1 contract

Samples: Severance, Non Competition and Confidentiality Agreement (Daka International Inc)

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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 in return for the promises and covenants undertaken set forth herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee, on behalf of himself and anyone and any entity claiming through Employeehis executors, including, but not limited to, Employee’s heirs, administrators, successors in interest, representatives and assigns, hereby agrees to release and agentsforever discharge the Company and all predecessors, successors and each their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of themtheir past and present investors, hereby releasesdirectors, relieves, and forever discharges the Company, and each of its past, present and future employeesshareholders, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, general or limited partners, insurers, fiduciariesemployees, attorneys, vendors, customers, clients, patients, subsidiaries, parent companies, affiliates (including, without limitation, Alignment Healthcare Partners, LP agents and Parent), related entities, assigns, predecessors and successors in interestrepresentatives, and each and all the employee benefit plans in which Employee is or has been a participant by virtue of them his employment with or service to the Company (collectively, the “Releasees”), of and from any and all claims, debts, demands, accounts, judgments, rights, actions, causes of action, equitable relief, damages, costs, charges, complaints, demands, obligations, promises, contractsagreements, controversies, debtssuits, expenses, damagescompensation, injuriesresponsibility and liability of every kind and character whatsoever, losses, liens, costs, including attorneys’ feesfees and costs (collectively, interest, judgments, and liabilities of any nature whatsoever“Claims”), whether in law or not now knownequity, known or unknown, asserted or unasserted, suspected or unsuspected, matured which Employee has or unmaturedmay have had against such entities based on any events or circumstances arising or occurring on or prior to the date hereof, fixed arising directly or contingent (collectivelyindirectly out of, relating to, or in any other way involving in any manner whatsoever Employee’s employment by or service to the “Claims” and each a “Claim”), which EmployeeCompany or the termination thereof, and anyone and any entity claiming through Employee, including, but not limited to, Employee’s heirs, administrators, successors in interest, assigns, and agents, and each and all of them, ever had, now hasright to purchase, or may claim to have from actual purchase of, any common shares or other equity interests of the beginning of time to the moment Employee signs this Agreement, against the Releasees (whether directly or indirectly), Company or any of themits affiliates, including, without limiting the generality of the foregoing, including any and all Claims claims arising out ofunder federal, connected withstate, or local laws relating to: to employment, including without limitation claims of wrongful discharge, breach of express or implied contract (1) Employee’s relationship and/or employment with the Company (and any of the Releasees) or the cessation of that relationship and/or employment; (2) any act or omission by or on the part of the Releasees, or any of them, up to and including the date Employee signs this Agreement; (3) any federal, state or local law prohibiting discrimination, harassment, or retaliation of any kind, whether such claim is based upon an action filed by Employee or by a governmental agency; (4) any alleged statutory (federal or state) violation, including, without limitation, any such claim related to any notice period or pay in lieu thereof provided in the California Labor CodeOffer Letter), applicable California Wage Orderfraud, California 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 CodeRights Act of 1964, Fair Employment and Housing Act, 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, California Family Rights Act, California Business and Professions Code, as amended; the Fair Labor Standards Act, or Consolidated Omnibus Budget Reconciliation Act (COBRA)of 1938, as amended; (5) assaultthe Employee Retirement Income Security Act, batteryas amended; the Fair Credit Reporting Act.; the Worker Adjustment and Retraining Notification Act; the Xxxxxxxx-Xxxxx Act, breach of 18 U.S.C. Section 1514A.1, et seq.; the Pennsylvania Human Relations Act; the federal and any express or implied employment contract or agreement, wrongful discharge, breach of the implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, fraud, intentional or negligent misrepresentation, defamation, or interference with prospective economic advantage or contractual relations, or any other tort or violation of common law; (6) any state, federal or local law regulating compensation, salaries, equity, wages, hours, bonuses, commissions, overtime, benefits, monies, pay, allowances, benefits, sick pay, severance pay, retention pay or benefits, paid leave benefits, vacation pay, penalties, interest, or damagesstate constitution; and (7) any claim for attorneys’ fees, costs, or expenses; provided, however, that the foregoing does not purport to release any Claims that may not be released as a matter of law. Employee further agrees to waive Employee’s right to any monetary or equitable recovery in connection with any federal, state, or all Pennsylvania state and local administrative agency’s investigation into any claims arising out of or related to Employee’s employment with and/or separation from employment with the Company, to the extent permitted by law. Notwithstanding the foregoing, this release does not release any claims which may not be released as a matter of lawlaws.

Appears in 1 contract

Samples: Separation and Transition Agreement (Cantaloupe, Inc.)

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