General Releases. (a) For and in consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attached, the Executive fully and forever releases and discharges MedSource Technologies, Inc. ("Company") (which for purposes of this Agreement includes its present and former officers, directors, shareholders, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor and successor corporations and assigns) from any and all liability for any claim, duty, obligation, debt, covenant, cause of action or damages (collectively "Claims"), whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and (viii) any Claims for any other loss or damage. (b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all claims based upon any act, omission or occurrence occurring up to and including the effective date of this Agreement, including, but not limited to, any matter arising out of Executive's employment with the Company.
Appears in 8 contracts
Sources: Employment Severance Agreement (Medsource Technologies Inc), Employment Severance Agreement (Medsource Technologies Inc), Employment Severance Agreement (Medsource Technologies Inc)
General Releases. (a) For The Executive:
(i) agrees not to sue or file any charges ▇▇ discrimination, or any other action or proceeding with any local, state and/or federal agency or court; and
(ii) waives, discharges and in consideration of releases the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedCompany, the Executive fully and forever releases and discharges MedSource TechnologiesWHX, Inc. ("Company") (which for purposes of this Agreement includes its present and former officerstheir affiliates, subsidiaries, directors, shareholdersofficers, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor agents and successor corporations their successors and assigns) assigns from any and all liability for any claimactions, dutycauses of action, obligationsuits, debtdebts, covenantdues, cause sums of action or damages (collectively "Claims")money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims and demands, whether presently known or unknown, suspected whatsoever, in law, admiralty or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims equity arising out of or attributable relating in any way to the Executive's employment with the Company prior to the Tender Closing, or to the termination of Executive's separation from employment with the Company; Company prior to or contemporaneously with the Tender Closing. The claims covered by this paragraph (iia) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived includinginclude, without limitation, the Age Discrimination claims under all laws, rules or regulations as currently in Employment Act (the "ADEA")effect, or as may exist from time to time, relating to employment and related matters, including without limitation Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act, Age Discrimination in Employment Act of 1967; the Civil Rights Act of 1866; the Civil Rights Act of 1991, ; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Worker Adjustment and Retraining Notification Act of 1988; the Older Workers Benefit Protection Act of 1990; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1993; Fair Labor Standards Act; and (viii) any Claims for any and all contract, tort, wrongful termination or other loss or damageretaliation claims in connection with workers' compensation claims.
(b) The CompanyCompany and WHX:
(i) agree not to sue or file any charges ▇▇ any other action or proceeding with any local, for itself state or federal agency or court; and
(ii) waive, discharge and affiliated companies and its and their successors and assigns, hereby releases and forever discharges release the Executive from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims based upon any actand demands, omission whether known or occurrence occurring up to and including the effective date unknown, whatsoever, in law, admiralty or equity, other than for acts of this AgreementExecutive constituting embezzlement, includingfraud, but not limited to, any matter or deliberate dishonesty arising out of the Executive's employment with the CompanyCompany prior to the Tender Closing, relating to the payments made under this Agreement, or arising out of the Executive's separation from employment with the Company prior to or contemporaneously with the Tender Closing.
Appears in 4 contracts
Sources: Settlement & Release Agreement (WHX Corp), Settlement Agreement (WHX Corp), Settlement Agreement (WHX Corp)
General Releases. (a) For The Executive:
(i) agrees not to ▇▇▇ or file any charges of discrimination, or any other action or proceeding with any local, state and/or federal agency or court; and
(ii) waives, discharges and in consideration of releases the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedCompany, the Executive fully and forever releases and discharges MedSource TechnologiesWHX, Inc. ("Company") (which for purposes of this Agreement includes its present and former officerstheir affiliates, subsidiaries, directors, shareholdersofficers, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor agents and successor corporations their successors and assigns) assigns from any and all liability for any claimactions, dutycauses of action, obligationsuits, debtdebts, covenantdues, cause sums of action or damages (collectively "Claims")money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims and demands, whether presently known or unknown, suspected whatsoever, in law, admiralty or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims equity arising out of or attributable relating in any way to the Executive's employment with the Company prior to the Tender Closing, or to the termination of Executive's separation from employment with the Company; Company prior to or contemporaneously with the Tender Closing. The claims covered by this paragraph (iia) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived includinginclude, without limitation, the Age Discrimination claims under all laws, rules or regulations as currently in Employment Act (the "ADEA")effect, or as may exist from time to time, relating to employment and related matters, including without limitation Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act, Age Discrimination in Employment Act of 1967; the Civil Rights Act of 1866; the Civil Rights Act of 1991, ; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Worker Adjustment and Retraining Notification Act of 1988; the Older Workers Benefit Protection Act of 1990; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1993; Fair Labor Standards Act; and (viii) any Claims for any and all contract, tort, wrongful termination or other loss or damageretaliation claims in connection with workers' compensation claims.
(b) The CompanyCompany and WHX:
(i) agree not to ▇▇▇ or file any charges or any other action or proceeding with any local, for itself state or federal agency or court; and
(ii) waive, discharge and affiliated companies and its and their successors and assigns, hereby releases and forever discharges release the Executive from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims based upon any actand demands, omission whether known or occurrence occurring up to and including the effective date unknown, whatsoever, in law, admiralty or equity, other than for acts of this AgreementExecutive constituting embezzlement, includingfraud, but not limited to, any matter or deliberate dishonesty arising out of the Executive's employment with the CompanyCompany prior to the Tender Closing, relating to the payments made under this Agreement, or arising out of the Executive's separation from employment with the Company prior to or contemporaneously with the Tender Closing.
Appears in 3 contracts
Sources: Settlement Agreement (Handy & Harman), Settlement and Release Agreement (Handy & Harman), Settlement Agreement (Handy & Harman)
General Releases. (a) For In exchange for and in consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedcovenants and promises contained herein, the Executive fully and forever releases and discharges MedSource TechnologiesExecutive, Inc. ("Company") (which for purposes on behalf of this Agreement includes its present and former officershimself, directorsspouse, shareholders, employeeschildren, agents, investorsheirs, executors, administrators, beneficiaries, trustees, legal representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor and successor corporations and assigns) from any , hereby waives, discharges, and all liability for any claim, duty, obligation, debt, covenant, cause of action or damages (collectively "Claims"), whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with releases the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; ’s affiliates and any related entities (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"LLC), and the present and former directors, officers, employees and representatives of all of them, as well as any employee benefit plans and plan fiduciaries (together, the “Releasees”), from any and all actions, causes of action, obligations, liabilities, claims and demands the Executive may have, known or unknown, contingent or otherwise, and whether specifically mentioned or not, regardless of when they accrued until the Effective Date of this Agreement. This release includes, but is not limited to, any claims arising under the Employment Agreement through the Effective Date of this Agreement.
(b) This release includes, but is not limited to, any claims based on employment with the Company or its subsidiaries or the termination of that employment, including the release of any claims for wrongful discharge or breach of contract (express, implied or otherwise). This release includes, but is not limited to, any claims of alleged employment discrimination, harassment, or retaliation on any basis, including age, race, color, ethnicity, national origin, gender, religion, pregnancy, disability (or perceived disability), sexual orientation, veteran’s status, whistleblower status or marital status. This release includes, but is not limited to, any claims the Executive may have under the Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Americans with With Disabilities Act, ; the Civil Rights Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Older Worker Benefits Protection Act; the Employee Retirement Income Security Act of 19911974, as amended; the Family and Medical Leave Act, the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act of 2009; the Consolidated Omnibus Budget Reconciliation Act; the Occupational Safety and Health Act; the North Carolina Equal Pay Employment Practices Act; the North Carolina Retaliatory Employment Discrimination Act, the Employee Retirement Income Security Act; and (viii) any Claims for common law of the State of North Carolina, or any other loss federal, state, or damagelocal laws or regulations, including any and all laws or regulations prohibiting employment discrimination, harassment, or retaliation. This release includes, but is not limited to, any claims for negligence, defamation or intentional tort.
(bc) This release does not include a release of any rights the Executive may have to vested benefits, any rights the Executive may have under this Agreement, any rights the Executive may have to indemnification and advancement of expenses as provided above, or any director and officer liability insurance.
(d) The CompanyExecutive agrees that he hereby waives any right that he may have to seek or to share in any relief, for itself and affiliated companies and its and their successors and assignsmonetary or otherwise, hereby releases and forever discharges relating to any claim released herein, whether such claim was initiated by him or not. The Executive from further agrees, to the maximum extent permitted by law, that he will not, at any and all claims based upon time hereafter, assist in the commencement or prosecution of, as an advisor, witness (unless compelled by legal process or court order) or otherwise, any action or proceeding of any kind, judicial or administrative on behalf of any other person in any court, agency, investigative or administrative body against any Releasee with respect to any act, omission omission, transaction, practice, conduct, occurrence or occurrence occurring any other matter up to and including the effective date of execution of the Agreement.
(e) The Executive acknowledges that he has been offered the opportunity to consult legal counsel and to consider the terms of the Agreement and General Release for a period of twenty-one days. This Agreement shall become effective on the eighth (8th) day following the date on which the Executive signs the Agreement (the “Effective Date”), unless the Executive revokes the Agreement and General Release prior to such date. In the event of such revocation, this AgreementAgreement and the promises contained herein shall automatically be null and void.
(f) On or within five (5) days following the Separation Date, includingthe Executive agrees to execute a form of General Release presented by the Company in a form substantially identical to the foregoing, but not limited to, with respect to any matter arising out of Executive's employment with claims from the CompanyEffective Date until the Separation Date.
Appears in 2 contracts
Sources: Transition Agreement, Transition Agreement (INC Research Holdings, Inc.)
General Releases. (a) For The Executive:
(i) agrees not to ▇▇▇ or file any charges of discrimination, or any other action or proceeding with any local, state and/or federal agency or court; and
(ii) waives, discharges and in consideration of releases the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedCompany, the Executive fully and forever releases and discharges MedSource TechnologiesWHX, Inc. ("Company") (which for purposes of this Agreement includes its present and former officerstheir affiliates, subsidiaries, directors, shareholdersofficers, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor agents and successor corporations their successors and assigns) assigns from any and all liability for any claimactions, dutycauses of action, obligationsuits, debtdebts, covenantdues, cause sums of action or damages (collectively "Claims")money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims and demands, whether presently known or unknown, suspected whatsoever, in law, admiralty or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims equity arising out of or attributable relating in any way to the Executive's employment with the Company prior to the Tender Closing, or to the termination of Executive's separation from employment with the Company; Company prior to or contemporaneously with the Tender Closing. The claims covered by this paragraph (iia) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived includinginclude, without limitation, the Age Discrimination claims under all laws, rules or regulations as currently in Employment Act (the "ADEA")effect, or as may exist from time to time, relating to employment and related matters, including without limitation Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act, Age Discrimination in Employment Act of 1967; the Civil Rights Act of 1866; the Civil Rights Act of 1991, ; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Worker Adjustment and Retraining Notification Act of 1988; the Older Workers Benefit Protection Act of 1990; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1993; Fair Labor Standards Act; and (viii) any Claims for any and all contract, tort, wrongful termination or other loss or damageretaliation claims in connection with workers' compensation claims.
(b) The CompanyCompany and WHX:
(i) agree not to ▇▇▇ or file any charges or any other action or proceeding with any local, for itself state or federal agency or court; and
(ii) waive, discharge and affiliated companies and its and their successors and assigns, hereby releases and forever discharges release the Executive from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims based upon and demands, whether known or unknown, whatsoever, in law, admiralty or equity, other than for any actacts of Executive constituting embezzlement, omission fraud, or occurrence occurring up to and including the effective date of this Agreement, including, but not limited to, any matter deliberate dishonesty; arising out of the Executive's employment with the CompanyCompany prior to the Tender Closing, relating to the payments made under this Agreement, or arising out of the Executive's separation from employment with the Company prior to or contemporaneously with the Tender Closing.
Appears in 2 contracts
Sources: Settlement and Release Agreement (Handy & Harman), Settlement and Release Agreement (Handy & Harman)
General Releases. (a) For The Executive:
(i) agrees not to sue or file any ch▇▇▇es of discrimination, or any other action or proceeding with any local, state and/or federal agency or court; and
(ii) waives, discharges and in consideration of releases the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedCompany, the Executive fully and forever releases and discharges MedSource TechnologiesWHX, Inc. ("Company") (which for purposes of this Agreement includes its present and former officerstheir affiliates, subsidiaries, directors, shareholdersofficers, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor agents and successor corporations their successors and assigns) assigns from any and all liability for any claimactions, dutycauses of action, obligationsuits, debtdebts, covenantdues, cause sums of action or damages (collectively "Claims")money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims and demands, whether presently known or unknown, suspected whatsoever, in law, admiralty or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims equity arising out of or attributable relating in any way to the Executive's employment with the Company prior to the Tender Closing, or to the termination of Executive's separation from employment with the Company; Company prior to or contemporaneously with the Tender Closing. The claims covered by this paragraph (iia) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived includinginclude, without limitation, the Age Discrimination claims under all laws, rules or regulations as currently in Employment Act (the "ADEA")effect, or as may exist from time to time, relating to employment and related matters, including without limitation Title VII of the Civil Rights Act of 1964, ; the Americans with Disabilities Act, Age Discrimination in Employment Act of 1967; the Civil Rights Act of 1866; the Civil Rights Act of 1991, ; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Worker Adjustment and Retraining Notification Act of 1988; the Older Workers Benefit Protection Act of 1990; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974; the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1993; Fair Labor Standards Act; and (viii) any Claims for any and all contract, tort, wrongful termination or other loss or damageretaliation claims in connection with workers' compensation claims.
(b) The CompanyCompany and WHX:
(i) agree not to sue or file any charges ▇▇ any other action or proceeding with any local, for itself state or federal agency or court; and
(ii) waive, discharge and affiliated companies and its and their successors and assigns, hereby releases and forever discharges release the Executive from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, liabilities, damages, judgments, extents, executions, claims based upon and demands, whether known or unknown, whatsoever, in law, admiralty or equity, other than for any actacts of Executive constituting embezzlement, omission fraud, or occurrence occurring up to and including the effective date of this Agreement, including, but not limited to, any matter deliberate dishonesty; arising out of the Executive's employment with the CompanyCompany prior to the Tender Closing, relating to the payments made under this Agreement, or arising out of the Executive's separation from employment with the Company prior to or contemporaneously with the Tender Closing.
Appears in 2 contracts
Sources: Settlement & Release Agreement (WHX Corp), Settlement Agreement (WHX Corp)
General Releases. (a) For The Executive, on behalf of himself and in consideration anyone claiming through him, hereby agrees not to sue the Company or any of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attached, the Executive fully and forever releases and discharges MedSource Technologies, Inc. ("Company") (which for purposes of this Agreement includes its present and former officers, directors, shareholders, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporationsaffiliates or ▇▇▇er related entities (whether or not such entities are wholly owned) or any of the past or present directors, predecessor officers, administrators, trustees, fiduciaries, employees, agents or attorneys of the Company or any of such other entities, or the predecessors, successors or assigns of any of them (hereinafter referred to as the "Released Parties"), and successor corporations agrees to release and assigns) discharge, fully, finally and forever, the Released Parties from any and all liability for claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any claimnature whatsoever, dutyin law or in equity, obligation, debt, covenant, cause of action or damages (collectively "Claims"), whether presently both known or and unknown, suspected asserted or unsuspectednot asserted, that foreseen or unforeseen, which the Executive ever had, may have had or now may presently have against any of the Released Parties arising from any omission, act or fact that has occurred up to and including the date beginning of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and (viii) any Claims for any other loss or damage.
(b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all claims based upon any act, omission or occurrence occurring time up to and including the effective date of this Agreement, including, but not limited towithout limitation, all matters in any way related to the Executive's employment by the Company or any of its affiliates, the terms and conditions thereof, any matter arising out failure to promote the Executive and the termination or cessation of the Executive's employment with the Company or any of its affiliates, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Wisconsin Fair Employment Act, the Wisconsin Family Leave Act or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrine; provided, however, that nothing contained in this Section 11 shall apply to, or release the Company from, any obligation of the Company contained in this Agreement or any obligation of the Company to indemnify the Executive pursuant to the Company's charter or by-laws or any indemnification agreement between the Company and the Executive. The consideration offered herein is accepted by the Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims, and the Executive expressly agrees that he is not entitled to, and shall not receive, any further recovery of any kind from the Company or any of the other Released Parties, and that in the event of any further proceedings whatsoever based upon any matter released herein, neither the Company nor any of the other Released Parties shall have any further monetary or other obligation of any kind to the Executive, including any obligation for any costs, expenses or attorneys' fees incurred by or on behalf of the Executive. The Executive agrees that he has no present or future right to employment with the Company or any of the other Released Parties and that he will not apply for or otherwise seek employment with any of them.
(b) The Executive agrees that he shall execute the general release in the form of Exhibit A hereto (the "Release") on the Employment Termination Date.
Appears in 1 contract
General Releases. (a▇) For and in ▇▇▇ ▇▇▇ ▇▇ consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attached, the Executive fully and forever releases and discharges MedSource Technologies, Inc. ("Company") (which for purposes of this Agreement includes its present and former officers, directors, shareholders, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor and successor corporations and assigns) from any and all liability for any claim, duty, obligation, debt, covenant, cause of action or damages (collectively "Claims"), whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and (viii) any Claims for any other loss or damage.
(b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all claims based upon any act, omission or occurrence occurring up to and including the effective date of this Agreement, including, but not limited to, any matter arising out of Executive's employment with the Company.
Appears in 1 contract
Sources: Employment Severance Agreement (Medsource Technologies Inc)
General Releases. (a) For and in consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attached, the Executive fully The Employee releases and forever releases discharges the Company, its subsidiaries, affiliates, and discharges MedSource Technologiesdivisions, Inc. ("Company") (which for purposes of this Agreement includes and its present past, present, and former officersfuture employees, directors, shareholders, employeesofficers, agents, investorsshareholders, administrators, representativesinsurers, attorneys, affiliatesexecutors, divisionssuccessors, subsidiariesassigns, parent corporations, predecessor and successor corporations and assignsother representatives of any kind (referred to in this Agreement collectively as "Released Parties") from any and all liability for any claimclaims, dutycharges, obligationdemands, debtliabilities, covenant, cause or causes of action or damages (collectively "Claims")of any kind, whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including through the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and (viii) any Claims for any other loss or damage.
(b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all claims based upon any act, omission or occurrence occurring up to and including the effective date of executes this Agreement, including, but not limited to, any matter claims, liabilities, or causes of action of any kind arising out in connection with the Employee's employment or termination of Executiveemployment with the Company. The Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys' fees, costs, or expenses of any kind from the Company or any of the other Released Parties, except that nothing in this release shall affect any rights the Employee may have under: (i) this Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) to COBRA health insurance benefits. Without limitation, the Employee waives any right or claim to reinstatement of the Employee's employment with the Company. The claims that the Employee is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination claim arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ss.621 et seq.; Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. ss.2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. ss.701 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. ss.12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. ss.2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. ss.201 et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. ss.301 et seq.; the Worker Adjustment and Retraining Notification Act, 29 U.S.C. ss.2101 et seq.; the Connecticut Fair Employment Practices Act, as amended; any other federal, state, or local constitutional provision, statute, executive order, or ordinance relating to employment, or other civil rights violations; any claim under the CIP for any bonus for 2007 or any other year; any claim for additional severance, compensation or benefits under the Employment Agreement or otherwise; and any other claims whether based on contract or tort.
Appears in 1 contract
General Releases. (a) For In exchange for the consideration set forth in paragraph 2 above, each of you and in consideration each of your affiliates, Lobos Advisors, LLC and its affiliates or Legal Guru, LLC and its affiliates (other than the Company) (collectively, the “Releasing Parties”), agree unconditionally to waive, release, forever discharge, covenant not to s▇▇ with respect to, and to hold each of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedCompany, the Executive fully and forever releases and discharges MedSource Technologiesits affiliates, Inc. ("Company") (which for purposes of this Agreement includes its subsidiaries, parents, present and former shareholders, partners, members, managers, officers, directors, shareholders, employees, agents, investors, administrators, representatives, attorneysattorneys and agents (each, affiliatesa “Released Party” and, divisionscollectively, subsidiariesthe “Released Parties”) harmless against, parent corporationsthe assertion of each and every action, predecessor and successor corporations and assigns) from any and all liability for any claim, dutyright, obligationor demand of any kind or nature, debt, covenant, cause of action or damages (collectively "Claims"), whether presently known or unknown, suspected in law or unsuspectedequity, that Executive ever had, contract or tort and however originating or existing which you have or may have had or now have arising from against any omissionof the Released Parties, act or fact that has occurred up including, without limitation, with respect to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's your employment or the termination of employment your employment, with respect to LegalGuru, LLC and any agreements and documents pertaining to it (other as set forth in the Company; (ii) Term Sheet), with respect to any Claims for wagesfunding obligations to LegaGuru, severance payLLC, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived includingotherwise. This includes, without limitation, all claims made to the Age Discrimination Company by you any and all claims, rights, actions, liabilities or demands of whatsoever nature which might be raised pursuant to any constitution, law, regulation, ordinance, statute, or common law theory or other authority, whether in Employment Act (the "ADEA")tort, contract, equity or otherwise, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Actas amended, 42 U.S.C. Section 1981, the Civil Rights Employee Retirement Income Security Act of 19911974, as amended, the Family and Medical Leave Act, the Americans with Disabilities Act of 1990, Fair Labor Standards Act, the Florida Civil Rights Act, the Florida Whistle-Blower's Act, Fla. Stat. Section 440.205, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the National Labor Relations Act, the Fair Credit Reporting Act, the Immigration Reform Control Act, Executive Order 11246; the Occupational Safety and Health Act, the Equal Pay Act, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Polygraph Protection Act; , the United States Constitution, the Florida Constitution, any state or federal anti-discrimination, consumer protection and/or trade practices act, and (viii) any Claims for local laws, including any other loss or damagelocal ordinances, together with any expenses, costs and attorney's fees which might be raised pursuant to the above stated laws. You expressly intend this release to reach to the maximum extent provided by law.
(b) The In consideration of your acceptance of this Agreement and the covenants set forth in Section 3(a) above, each of the Company, for itself its directors and affiliated companies officers agree unconditionally to waive, release, forever discharge, covenant not to s▇▇ with respect to, and its to hold each of the Releasing Parties harmless against, the assertion of each and their successors every action, claim, right, or demand of any kind or nature, known or unknown, in law or equity, contract or tort and assignshowever originating or existing which the Company now has or may have against any of the Releasing Parties. The covenants and releases set forth in this paragraph 3(b) shall not apply to any obligations of the Releasing Parties hereunder, hereby under the Term Sheet and under any future documents that the parties may enter into.
(c) On or after December 31, 2013, (i) you shall have the right to terminate, by a written notice to the Company, the covenants and releases set forth in paragraph 3(a) above and forever discharges Executive from any (ii) the Company shall have the right to terminate, by a written notice to you, the covenants and releases set forth in paragraph 3(b) above if and only if, in each case, the Company fails to issue to you Seventy-Five Thousand (75,000) unregistered shares of the Company's common stock prior to December 31, 2013. Any such termination shall not affect the force and effect of the Term Sheet and of all claims based upon any act, omission or occurrence occurring up to and including the effective date other provisions of this Agreement, including, but not limited to, any matter arising out of Executive's employment with the Company.
Appears in 1 contract
Sources: Settlement Agreement (Net Element International, Inc.)
General Releases. (a) For and in F▇▇ ▇▇▇ ▇▇ consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attached, the Executive fully and forever releases and discharges MedSource Technologies, Inc. ("Company") (which for purposes of this Agreement includes its present and former officers, directors, shareholders, employees, agents, investors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor and successor corporations and assigns) from any and all liability for any claim, duty, obligation, debt, covenant, cause of action or damages (collectively "Claims"), whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable to Executive's employment or the termination of employment with the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and (viii) any Claims for any other loss or damage.
(b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all claims based upon any act, omission or occurrence occurring up to and including the effective date of this Agreement, including, but not limited to, any matter arising out of Executive's employment with the Company.
Appears in 1 contract
Sources: Employment Severance Agreement (Medsource Technologies Inc)
General Releases. (a) A. For value received, and in consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which this Release Agreement is attachedother good and valuable consideration, the Executive fully Employee irrevocably, unconditionally and generally releases, acquits and forever releases discharges the Employer, any related corporations and discharges MedSource Technologiesaffiliates and each of its owners, Inc. ("Company") (which for purposes of this Agreement includes its present and former officersstockholders, partners, predecessors, successors, assigns, agents, directors, shareholdersofficers, employees, agents, investors, administrators, employees and representatives, attorneysand all persons acting by, affiliatesthrough, divisionsunder or in concert with any of them (collectively “Releasees”), subsidiaries, parent corporations, predecessor and successor corporations and assigns) or any of them from any and all liability for Claims, which is defined as any claimand all claims, dutycharges, obligationcomplaints, debtliabilities, covenantobligations, cause promises, agreements, controversies, damages, actions, causes of action or damages action, suits, rights, demands, costs, losses, debts and expenses (collectively "Claims")including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether presently known or unknown, suspected or unsuspected, that Executive ever had, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) any Claims arising out of or attributable relating to Executive's employment any matter or thing whatsoever including, but not limited to any and all claims whatsoever arising from or in connection with
(i) compensation, wages, insurance coverage and benefits of any kind,
(ii) the relationship of the parties, the termination of the Employees’ employment with or any action or omissions of the Company; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs or expenses; Employer,
(iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims arising under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference; (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (the "ADEA"), Title VII of the Civil Rights Act of 1964, as amended,
(iv) the Age Discrimination in Employment Act, of 1967 as amended, including the Older Workers Benefit Protection Act,
(v) the Americans with Disabilities Act, the Civil Rights Act of 1991, 1990,
(vi) the Employee Retirement Income Security Act,
(vii) the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act; and ,
(viii) any Claims for any other loss or damage.the Civil Rights Act of 1991 and 1871,
(bix) The Companythe Fair Labor Standard Act,
(x) the Administrative Code of the City of New York, for itself and affiliated companies and its and their successors and assignsChapter 1, hereby releases and forever discharges Executive from Title B, as amended,
(xi) the New York State Human Rights Law;
(xii) the New York City Human Rights Law
(xiii) New York State Wage-Hour Law
(xiv) New York State Workers Compensation Law,
(xv) any and all employment related Tennessee statutes,
(xvi) any and all employment related New Jersey statutes, Page 3 of 6 SEPARATION AGREEMENT AND GENERAL RELEASE – FORD ▇. ▇▇▇▇▇▇
(xvii) any and all regulations, guidelines, interpretations and standards promulgated under any of the above and,
(xviii) any other federal, state, or local statues, rules, regulations, ordinances, or orders, which the Employee now has, owns or holds, or claims based upon to have, own or hold, or which the Employee at any acttime heretofore had, omission owned or occurrence occurring up held, or claimed to have, own or hold, and
(xix) and any other claim, right or cause of action founded in tort (including negligence), contract (whether oral, written or implied), public policy, estoppels, specific performance, for unpaid wages, unpaid benefits, severance pay, violation of covenant of good faith and fair dealing, wrongful termination, constructive discharge, misrepresentation, defamation, libel, slander, invasion or privacy, fraud, intentional or negligent infliction of emotional distress, interference with prospective economic advantage; interference with contractual relations, assault, battery or any other common law or equitable basis of action,
B. The scope of the effective releases above given is from the beginning of the world through the date of this AgreementAgreement and binds the Employee, his heirs, distributees, successors, assigns, estate and representatives.
C. Notwithstanding the foregoing, nothing in this Agreement shall be construed to prevent Employee from filing a charge with or participating in an investigation conducted by any governmental agency, including, without limitation, the United States Equal Employment Opportunity Commission (“EEOC”) or applicable state or city fair employment practices agency, to the extent required or permitted by law. Nevertheless, Employee understands and agrees that he is waiving any relief available (including, for example, monetary damages or reinstatement), under any of the claims and/or causes of action waived in Section 15, including but not limited to, to financial benefit or monetary recovery from any matter arising out of Executive's employment lawsuit filed or settlement reached by the EEOC or anyone else with the Companyrespect to any claims released and waived in this Agreement.
Appears in 1 contract
General Releases. (a) For In exchange for and in consideration of the severance benefits which the Executive will receive under the Employment Severance Agreement to which Termination Benefits described in this Release Agreement is attachedAgreement, the Executive fully and forever releases as a condition of their receipt, Employee, on behalf of himself /herself and discharges MedSource Technologieshis/her heirs, Inc. ("Company") (which for purposes of this Agreement includes its present and former officers, directors, shareholders, employees, agents, investorsexecutors, administrators, representatives, attorneys, affiliates, divisions, subsidiaries, parent corporations, predecessor and successor corporations successors and assigns, irrevocably and unconditionally releases, waives and forever discharges the Released Parties (as defined below) from any and all liability for any claimclaims, dutydemands, obligationactions, debt, covenant, cause causes of action or damages (including breach of contract), charges, complaints, liabilities, obligations, promises, sums of money, forms of compensation, agreements, representations, controversies, disputes, damages, suits, rights, sanctions, costs (including attorneys’ fees), losses, debts and expenses (collectively "“Claims")”) of any nature whatsoever, whether presently known or unknown, suspected fixed or unsuspectedcontingent, that Executive which Employee now has or ever hadhad against any of the Released Parties, may have had or now have arising from any omission, act or fact that has occurred up to and including the date of this Agreement. Such released Claims include, but are not limited to: (i) to any Claims arising out of of, concerning or attributable related to Executive's employment or the termination of Employee’s employment with and/or separation from the CompanyCompany and/or its affiliates
b) This General Release includes, without limitation, (i) law or equity claims; (ii) any Claims for wages, severance pay, bonuses, accrued vacation, personal days, holidays, sick days, stock, stock options, units, membership interests, attorneys fees, costs express or expensesimplied contract claims or tort claims; (iii) all Claims arising under any agreement, understanding, promise or contract (express or implied, oral or written) between Executive and the Company; (iv) all Claims of wrongful termination, unjust dismissal, defamation, violation of the implied covenant of good faith and fair dealing libel or slander; (v) all Claims arising under tort law; (vi) any Claims claims arising under any federal, state or local law dealing with discrimination based on laws of any jurisdiction that prohibit age, sex, race, sex, national origin, handicapcolor, disability, religion, disability veteran, military status, sexual orientation or sexual preference; any other form of discrimination, harassment, hostile work environment or retaliation (vii) any Claims arising under any federal, state or local constitution, statute, regulation or ordinance to the extent such claims may be validly waived including, without limitation, the Age Discrimination in Employment Act (ADEA), the "ADEA"Older Workers Benefit Protection Act (OWBPA), the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and/or 1871, 42 U.S.C. Section 1981, the Rehabilitation Act, the Family and Medical Leave Act, the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act, the Employee Polygraph Protection Act, the Worker Adjustment and Retraining Notification Act, the Equal Pay Act of 1963, the L▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair P▇▇▇ Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, Section 1558 of the Patient Protection and Affordable Care Act of 2010, the Texas Human Rights Act or the Texas Labor Code, or any other federal, state or local laws of any jurisdiction, if and to the extent applicable and as any of the foregoing may be amended from time to time; (iv) claims under any other federal, state, local, municipal or common law whistleblower protection, discrimination, wrongful discharge, anti-harassment or anti-retaliation statute or ordinance; (v) claims arising under the Employee Retirement Income Security ActAct of 1974 (ERISA); and or (viiivi) any Claims for any other loss statutory or damage.
(b) The Company, for itself and affiliated companies and its and their successors and assigns, hereby releases and forever discharges Executive from any and all common law claims based upon any act, omission or occurrence occurring up related to and including the effective date of this Agreement, including, but not limited to, any matter arising out of Executive's Employee’s employment with the CompanyCompany and its affiliates and the termination thereof.
c) Notwithstanding the foregoing, this Agreement specifically does not release any claim or cause of action by or on behalf of Employee (or her beneficiaries) with respect to Employee’s right to indemnification or to be held harmless pursuant to applicable corporate governance documents, director and officer indemnification agreements and/or applicable laws, or any claim for vested benefits pursuant to a tax-qualified retirement plan.
Appears in 1 contract
Sources: Severance Agreement (International Battery Metals Ltd.)