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

General Release of Claims by Employee. For and in consideration of the payments and other covenants referenced in this Agreement, Employee fully and completely releases Corporation, Holdings, and Independent Wireless One Leased Realty Corporation, their respective directors, officers, shareholders, attorneys, benefit plans administrators, agents, and employees, both present and former, and their respective successors, predecessors, subsidiaries, and affiliates, and any person or entity acting for or on behalf of Corporation, Holdings, or Independent Wireless One Leased Realty Corporation (collectively "the Employer Released Parties"), from any and all claims, liabilities, demands, and causes of action of any kind, in law or in equity, whether known or unknown, which against the Employer Released Parties, Employee, his heirs, executors, legal representatives and assigns, ever had, now have, or hereafter may have, by reason of any matter, thing or cause whatsoever from the beginning of the world to the day of the date of this General Release, including, but not limited to, claims arising out of Employee's employment or termination of employment with Employer. This General Release includes, but is not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Employee Retirement Income and Security Act, the Equal Pay Act, the Age Discrimination and Employment Act, the Family and Medical Leave Act, and the New York Human Rights Law, all as amended, or any other federal, state, or local civil rights statute or constitution, claims for back-pay, claims for front pay, claims for interest, claims for wrongful discharge, constructive discharge, or unjust dismissal, claims for breach of any alleged oral, written, or implied contract of employment, claims for salary or severance payments, claims for benefits, claims for stock options, claims for employment discrimination or harassment, claims for humiliation, claims for defamation, claims sounding in tort, claims for emotional distress, claims for reinstatement, claims for pain and suffering, claims for punitive damages, claims for compensatory damages of any kind, and claims for injunctive relief, and claims for attorneys' fees.

General Release of Claims by Employee. For Employee, for himself and in consideration of the payments and other covenants referenced in this Agreementhis heirs, Employee fully and completely releases Corporationadministrators, Holdingsexecutors, and Independent Wireless One Leased Realty Corporationassigns, their releases the Company, and its respective parents, divisions, subsidiaries, and affiliated entities, and each of those entities’ respective current and former shareholders, investors, directors, officers, shareholdersemployees, agents, attorneys, benefit plans administratorsinsurers, agents, legal successors and employees, both present and former, and their respective successors, predecessors, subsidiaries, and affiliates, and any person or entity acting for or on behalf of Corporation, Holdings, or Independent Wireless One Leased Realty Corporation assigns (collectively "the Employer “Released Parties"”), from any and all claims, liabilities, demands, actions and causes of action of any kind, in law or in equityaction, whether now known or unknown, which against the Employer Released Partiesthat Employee has, Employee, his heirs, executors, legal representatives and assigns, ever or at any other time had, now have, or hereafter shall or may have, by reason have against those Released Parties based upon or arising out of any matter, thing cause, fact, thing, act or cause omission whatsoever from the beginning of the world occurring or existing at any time up to the day of and including the date of on which Employee signs this General ReleaseAgreement, including, but not limited to, any claims arising out of relating to Employee's ’s employment or termination from employment or claims of employment with Employer. This General Release includeswrongful termination, but is not limited tobreach of contract, any claims arising fraud, negligent misrepresentation, defamation, infliction of emotional distress, retaliation, or national origin, race, age, sex, disability, religious, sexual orientation, or other discrimination or harassment under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973Age Discrimination in Employment Act, the Americans With Disabilities Act of 1990, the Employee Retirement Income and Security Act, the Equal Pay Act, the Age Discrimination and Employment Act, the Family and Medical Leave Act, and the New York Human Rights Law, all as amended, or any other federalapplicable Federal, stateState, or local civil rights law. Employee hereby acknowledges that Employee has no lawsuits, claims or actions pending in Employee’s name or on Employee’s behalf against any of the Released Parties, and also expressly waives any and all remedies that may be available under any statute or constitutionthe common law, claims for back-including, without limitation, back pay, claims for front pay, claims for interestother damages, claims for wrongful dischargecourt costs, constructive dischargeattorneys’ fees, and reinstatement. In addition, 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 unjust dismissalmulti-party action or proceeding based on such a claim in which the Company or any other Released Party is a party. The Company and Employee agree that the release set forth in this Paragraph E 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 any obligations incurred under this Agreement or the Indemnification Agreement between the Company and Employee (the “Indemnification Agreement”), and it does not extend to any claims for breach or rights that cannot be released by Employee as a matter of law. Employee acknowledges that he has read section 1542 of the Civil Code of the State of California, which states in full: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee waives any rights that he has or may have under section 1542 (or any similar provision of the laws of any alleged oralother jurisdiction, written, or implied contract including Florida) to the full extent that he may lawfully waive such rights pertaining to this general release of employment, claims for salary or severance payments, claims for benefits, claims for stock options, claims for employment discrimination or harassment, claims for humiliation, claims for defamation, claims sounding in tort, claims for emotional distress, claims for reinstatement, claims for pain and suffering, claims for punitive damages, claims for compensatory damages of any kindclaims, and affirms that he is releasing all known and unknown claims that he has or may have against the parties listed above. Nothing in this Agreement shall bar or prohibit Employee from contacting, seeking assistance from or participating in any proceeding before any federal or state administrative agency to the extent permitted by applicable law. However, Employee will be prohibited to the fullest extent authorized by law from obtaining monetary damages in any agency proceeding in which he does so participate. As further consideration for injunctive reliefhis continued employment through the Termination Date, as well as for the compensation and benefits described in Paragraph A, Employee agrees to extend this release of claims through and including the Termination Date by re-executing this Agreement, without revocation, on the space provided at the end of this Agreement on or within twenty-one (21) days following the Termination Date. In the event that Employee fails to comply with his re-execution obligation under this paragraph in a timely manner, he shall not be eligible for attorneys' feesany subsequent payments or benefits under this Agreement.

General Release of Claims by Employee. For and in consideration of the payments and other covenants referenced in this Agreement, Employee fully and completely releases CorporationEmployer, Holdings, and Independent Wireless One Leased Realty CorporationIWO Holdings Limited, their respective directors, officers, shareholders, attorneys, benefit plans administratorsplans, agents, and employees, both present and former, and their respective successors, predecessors, subsidiaries, and affiliates, and any person or entity acting for or on behalf of CorporationEmployer, Holdings, or Independent Wireless One Leased Realty Corporation IWO Holdings Limited (collectively "the Employer Released Parties"), from any and all claims, liabilities, demands, and causes of action of any kind, in law or in equity, whether known or unknown, which against the Employer Released Parties, Employee, his heirs, executors, legal representatives and assigns, ever had, now have, or hereafter may have, by reason of any matter, thing or cause whatsoever from the beginning of the world to the day of the date of this General Release, including, but not limited to, claims arising out of Employee's employment or termination of employment with Employer. This General Release includes, but is not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Employee Retirement Income and Security Act, the Equal Pay Act, the Age Discrimination and Employment Act, the Family and Medical Leave Act, and the New York Human Rights Law, all as amended, or any other federal, state, or local civil rights statute or constitution, claims for back-pay, claims for front pay, claims for interest, claims for wrongful discharge, constructive discharge, or unjust dismissal, claims for breach of any alleged oral, written, or implied contract of employment, claims for salary or severance payments, claims for benefits, claims for stock options, claims for employment discrimination or harassment, claims for humiliation, claims for defamation, claims sounding in tort, claims for emotional distress, claims for reinstatement, claims for pain and suffering, claims for punitive damages, claims for compensatory damages of any kind, and claims for injunctive relief, and claims for attorneys' fees.

General Release of Claims by Employee. For To the maximum extent permitted by law, Employee agrees for himself/herself and in consideration his/her heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, hereby forever to release, and discharge MTS, its past, present, or future parents, subsidiaries, and/or other affiliates; all of the payments past and other covenants referenced in this Agreement, Employee fully and completely releases Corporation, Holdings, and Independent Wireless One Leased Realty Corporation, their respective present directors, officers, shareholders, attorneys, employees and other agents and representatives of such entities; and any employee benefit plans administrators, agents, and employees, both present and former, and their respective successors, predecessors, subsidiaries, and affiliates, and any person in which Employee is or entity acting has been a participant by virtue of employment with MTS from or for or on behalf of Corporation, Holdings, or Independent Wireless One Leased Realty Corporation (collectively "the Employer Released Parties"), from any and all claims, liabilitiesdebts, demands, and accounts, judgments, rights, causes of action action, claims for equitable relief, damages, costs, obligations, responsibility and liability of any kindevery kind and character whatever (including attorneys’ fees and costs), whether in law or in equity, whether known or unknown, asserted or unasserted, suspected or unsuspected, which Employee has against the Employer Released Parties, Employee, his heirs, executors, legal representatives and assigns, ever had, now have, or hereafter may have, by reason of any matter, thing or cause whatsoever from the beginning such entities as of the world to the day of the date execution of this General Release, includingincluding without limitation any and all claims Employee might have by virtue of his status, but not limited toif any, as a shareholder of MTS or any affiliated entity of MTS, any and all claims arising out of Employee's employment or termination of ’s employment with Employer. This General Release includes, but is not limited toMTS or the termination thereof, any claims arising from the MTS Employment Agreement, the MTS Medication Technologies, Inc. Management Bonus Plan, and any and all claims arising under federal, state, or local laws relating to employment, including without limitation claims of wrongful discharge, retaliation, breach of express or implied contract, fraud, misrepresentation, defamation, or liability in tort, 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, the Rehabilitation Act of 1973, the Americans With with Disabilities Act of 1990, the Employee Retirement Income and Security Act, the Equal Pay Act, the Age Discrimination and Employment Act, the Family and Medical Leave Act, and similar state or local statutes, ordinances, and regulations, provided, however, that notwithstanding the New York Human Rights Lawforegoing or anything else contained in this Release, all as amendedthis Release shall not extend to: (i) any vested, unpaid rights under any pension, retirement or similar plan or any other rights under such plans which are inalienable under the terms of such plans; or (ii) Employee’s rights, if any, to indemnification, and/or defense under any MTS or Omnicell certificate of incorporation, bylaw and/or policy or procedure, or under any insurance contract; or (iii) Employee’s rights, where applicable, to file and/or participate in any administrative proceeding of any federal, state, state or local civil government agency; however, Employee shall not be entitled to recover any monetary relief or other individual remedy in connection with proceeding or any ensuing litigation; or (iv) any rights statute or constitutionarising under the offer letter agreement between Employee and Omnicell dated May 24, claims for back-pay, claims for front pay, claims for interest, claims for wrongful discharge, constructive discharge, or unjust dismissal, claims for breach of any alleged oral, written, or implied contract of employment, claims for salary or severance payments, claims for benefits, claims for stock options, claims for employment discrimination or harassment, claims for humiliation, claims for defamation, claims sounding in tort, claims for emotional distress, claims for reinstatement, claims for pain and suffering, claims for punitive damages, claims for compensatory damages of any kind, and claims for injunctive relief, and claims for attorneys' fees2012.

General Release of Claims by Employee. For Employee, for himself and in consideration of the payments and other covenants referenced in this Agreementhis heirs, Employee fully and completely releases Corporationadministrators, Holdingsexecutors, and Independent Wireless One Leased Realty Corporationassigns, their releases the Company, and its respective parents, divisions, subsidiaries, and affiliated entities, and each of those entities’ respective current and former shareholders, investors, directors, officers, shareholdersemployees, agents, attorneys, benefit plans administratorsinsurers, agents, legal successors and employees, both present and former, and their respective successors, predecessors, subsidiaries, and affiliates, and any person or entity acting for or on behalf of Corporation, Holdings, or Independent Wireless One Leased Realty Corporation assigns (collectively "the Employer “Released Parties"”), from any and all claims, liabilities, demands, actions and causes of action of any kind, in law or in equityaction, whether now known or unknown, which against the Employer Released Partiesthat Employee has, Employee, his heirs, executors, legal representatives and assigns, ever or at any other time had, now have, or hereafter shall or may have, by reason have against those Released Parties based upon or arising out of any matter, thing cause, fact, thing, act or cause omission whatsoever from the beginning of the world occurring or existing at any time up to the day of and including the date of on which Employee signs this General ReleaseAgreement, including, but not limited to, any claims arising out of relating to Employee's ’s employment or termination from employment or claims of employment with Employer. This General Release includeswrongful termination, but is not limited tobreach of contract, any claims arising fraud, negligent misrepresentation, defamation, infliction of emotional distress, retaliation, or national origin, race, age, sex, disability, religious, sexual orientation, or other discrimination or harassment under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973Age Discrimination in Employment Act, the Americans With Disabilities Act of 1990, the Employee Retirement Income and Security Act, the Equal Pay Act, the Age Discrimination and Employment Act, the Family and Medical Leave Act, and the New York Human Rights Law, all as amended, or any other federalapplicable Federal, stateState, or local civil rights law. Employee hereby acknowledges that Employee has no lawsuits, claims or actions pending in Employee’s name or on Employee’s behalf against any of the Released Parties, and also expressly waives any and all remedies that may be available under any statute or constitutionthe common law, claims for back-including, without limitation, back pay, claims for front pay, claims for interestother damages, claims for wrongful dischargecourt costs, constructive dischargeattorneys’ fees, and reinstatement. In addition, 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 unjust dismissal, claims for breach of multi-party action or proceeding based on such a claim in which the Company or any alleged oral, written, other Released Party is a party. The Company and Employee agree that the release set forth in this Paragraph F 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 any obligations incurred under this Agreement or implied contract of employment, claims for salary or severance payments, claims for benefits, claims for stock options, claims for employment discrimination or harassment, claims for humiliation, claims for defamation, claims sounding in tort, claims for emotional distress, claims for reinstatement, claims for pain the Indemnification Agreement between the Company and suffering, claims for punitive damages, claims for compensatory damages of any kindEmployee (the “Indemnification Agreement”), and it does not extend to any claims or rights that cannot be released by Employee as a matter of law. For the avoidance of doubt, Employee specifically affirms that he is releasing all known and unknown claims that he has or may have against the parties listed above. Nothing in this Agreement shall bar or prohibit Employee from contacting, seeking assistance from or participating in any proceeding before any federal or state administrative agency to the extent permitted by applicable law. However, Employee will be prohibited to the fullest extent authorized by law from obtaining monetary damages in any agency proceeding in which he does so participate. As a condition for injunctive reliefthe compensation and benefits described in Paragraph A that would otherwise be due under this Agreement after the Termination Date, Employee must extend this release of claims through and claims including the Termination Date by re-executing this Agreement, without revocation, on the space provided at the end of this Agreement on or within twenty-one (21) days following the later of the Termination Date. In the event that Employee fails to re-execute this Agreement in accordance with the preceding sentence in a timely manner, he shall not be eligible for attorneys' feesany payments or benefits that would otherwise be due under this Agreement after the Termination Date.