General Releases. (a) Buddxxxxxx xxxeby releases, discharges and acquits the Company and its subsidiaries, affiliates, representatives, agents, employees, officers, directors, shareholders, counsel, assigns and successors (collectively referred to as "Releasees"), of and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which Buddxxxxxx xxx against the Releasees relating to or arising out of the Employment Agreement or Buddxxxxxx'x xxxloyment by the Company, including, but not limited to, wrongful discharge, breach of contract, tort, the Civil Rights Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act or any other federal, state or local legislation or common law relating to employment or discrimination in employment or otherwise; provided, however, that nothing contained herein shall release the Company from its obligation to Buddxxxxxx xxxsuant to this Agreement, including any right he may have to corporate indemnification. (b) The Company hereby releases, discharges, and acquits Buddxxxxxx xx and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which the Company has or which the Company or any successor or assign of the Company may have against Buddxxxxxx xxxating to, arising out of or concerning Buddxxxxxx'x xxxligent conduct, if any, in connection with or concerning the Employment Agreement or his employment with the Company; provided, however, that nothing herein shall release, discharge or acquit Buddxxxxxx xxxm any such claims, demands, sums of money, actions, rights, causes of action, obligations or liabilities relating to, arising out of or concerning Buddxxxxxx'x xxxduct which rises to a level more culpable than negligence, including, but not limited to, intentional misconduct or gross negligence.
Appears in 1 contract
Samples: Severance Agreement (Servico Inc)
General Releases. (a) Buddxxxxxx xxxeby releasesIn consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in the Letter Agreement, which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges and acquits the Company and Company, its subsidiaries, affiliates, representativesand divisions, and all their past, present, and future employees, directors, officers, agents, employeesstockholders, officersinsurers, directorsattorneys, shareholdersemployee benefit plans and plan fiduciaries, counselexecutors, assigns successors, assigns, and successors other representatives of any kind in their capacities as such (collectively referred to in this Release Agreement collectively as "Releasees"), of “Released Parties”) from any and from all claims, charges, demands, sums of moneyliabilities, actions, rights, or causes of actionaction of any kind, obligations and liabilities which Buddxxxxxx xxx against known or unknown, arising through the Releasees relating to or arising out of the Employment Agreement or Buddxxxxxx'x xxxloyment by the Companydate Executive executes this Release Agreement, including, but not limited to, any claims, xxxxxxxxxxx, or causes of action of any kind arising in connection with Executive’s employment or termination of employment with the Company. Executive 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 Agreement shall affect any rights Executive may have under: (i) this Release Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) the Letter Agreement. Without limitation, Executive waives any right or claim to reinstatement of Executive’s employment with the Company, although Executive may be reemployed by mutual agreement of the parties hereto. The claims that Executive 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; unlawful conspiracy; discrimination and/or harassment, tortincluding any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights ActAct of 1964, Age Discrimination in Employment Act42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act or any other federalof 1974, state or local legislation or common law relating to employment or discrimination in employment or otherwise29 U.S.C. §301 et seq.; providedthe Worker Adjustment and Retraining Notification Act, however29 U.S.C. §2101 et seq.; the Connecticut Human Rights & Opportunities Law, that nothing contained herein shall release the Company from its obligation to Buddxxxxxx xxxsuant to this Agreement, including any right he may have to corporate indemnification.
(b) The Company hereby releases, discharges, and acquits Buddxxxxxx xx and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which the Company has or which the Company or any successor or assign of the Company may have against Buddxxxxxx xxxating to, arising out of or concerning Buddxxxxxx'x xxxligent conduct, if any, in connection with or concerning the Employment Agreement or his employment with the Company; provided, however, that nothing herein shall release, discharge or acquit Buddxxxxxx xxxm any such claims, demands, sums of money, actions, rights, causes of action, obligations or liabilities relating to, arising out of or concerning Buddxxxxxx'x xxxduct which rises to a level more culpable than negligence, including, but not limited to, intentional misconduct or gross negligence.Conn. Gen.
Appears in 1 contract
General Releases. (a) Buddxxxxxx xxxeby Knight hereby releases, discharges and acquits the Company and its subsidiaries, affiliates, representatives, agents, employees, officers, directors, shareholders, counsel, assigns and successors (collectively referred to as "Releasees"), of and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which Buddxxxxxx xxx Knight has against the Releasees relating to or arising out of the Employment Agreement or Buddxxxxxx'x xxxloyment Knight's employment by the Company, including, but not limited to, wrongful discharge, breach of contract, tort, the Civil Rights Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act or any other federal, state or local legislation or common law relating to employment or discrimination in employment or otherwise; provided, however, that nothing contained herein shall release the Company from its obligation to Buddxxxxxx xxxsuant Knight pursuant to this Agreement, including any right he may have to corporate indemnification.
(b) The Company hereby releases, discharges, and acquits Buddxxxxxx xx Knight of and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which the Company has or which the Company or any successor or assign of the Company may have against Buddxxxxxx xxxating Knight relating to, arising out of or concerning Buddxxxxxx'x xxxligent Knight's negligent conduct, if any, in connection with or concerning the Employment Agreement or his employment with the Company; provided, however, that nothing herein shall release, discharge or acquit Buddxxxxxx xxxm Knight from any such claims, demands, sums of money, actions, rights, causes of action, obligations or liabilities relating to, arising out of or concerning Buddxxxxxx'x xxxduct Knight's conduct which rises to a level more culpable than negligence, including, but not limited to, intentional misconduct or gross negligence. There are no instances where the Company is aware of such matters.
Appears in 1 contract
Samples: Severance Agreement (Lodgian Inc)
General Releases. (a) Buddxxxxxx xxxeby releasesIn consideration of the Company’s execution of this Release Agreement and of the payments and benefits provided for in the Letter Agreement, which Executive acknowledges is adequate consideration, Executive, on behalf of Executive’s heirs, successors, assigns, executors, and representatives of any kind, releases and forever discharges and acquits the Company and Company, its subsidiaries, affiliates, representativesand divisions, and all their past, present, and future employees, directors, officers, agents, employeesstockholders, officersinsurers, directorsattorneys, shareholdersemployee benefit plans and plan fiduciaries, counselexecutors, assigns successors, assigns, and successors other representatives of any kind in their capacities as such (collectively referred to in this Release Agreement collectively as "Releasees"), of “Released Parties”) from any and from all claims, charges, demands, sums of moneyliabilities, actions, rights, or causes of actionaction of any kind, obligations and liabilities which Buddxxxxxx xxx against known or unknown, arising through the Releasees relating to or arising out of the Employment Agreement or Buddxxxxxx'x xxxloyment by the Companydate Executive executes this Release Agreement, including, but not limited to, wrongful dischargeany claims, breach xxxxxxxxxxx, or causes of contract, tort, the Civil Rights Act, Age Discrimination action of any kind arising in Employment Act, Employee Retirement Income Security Act or any other federal, state or local legislation or common law relating to connection with Executive’s employment or discrimination in termination of employment with the Company. Executive also releases and waives any claim or otherwise; providedright to further compensation, howeverbenefits, that nothing contained herein shall release the Company damages, penalties, attorneys’ fees, costs, or expenses of any kind from its obligation to Buddxxxxxx xxxsuant to this Agreement, including any right he may have to corporate indemnification.
(b) The Company hereby releases, discharges, and acquits Buddxxxxxx xx and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which the Company has or which the Company or any successor or assign of the Company other Released Parties, except that nothing in this Release Agreement shall affect any rights Executive may have against Buddxxxxxx xxxating tounder: (i) this Release Agreement; (ii) any funded retirement or 401(k) plan of the Company; or (iii) the Letter Agreement. Without limitation, arising out Executive waives any right or claim to reinstatement of or concerning Buddxxxxxx'x xxxligent conduct, if any, in connection with or concerning the Employment Agreement or his Executive’s employment with the Company; provided, however, although Executive may be reemployed by mutual agreement of the parties hereto. The claims that nothing herein shall release, discharge or acquit Buddxxxxxx xxxm any such claims, demands, sums of money, actions, rights, causes of action, obligations or liabilities relating to, arising out of or concerning Buddxxxxxx'x xxxduct which rises to a level more culpable than negligence, includingExecutive 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; unlawful conspiracy; discrimination and/or harassment, intentional misconduct or gross negligenceincluding any discrimination and/or harassment claim arising under the Age Discrimination In Employment Act of 1967, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, 29 U.S.C. §701 et seq.;
Appears in 1 contract
General Releases. (a) Buddxxxxxx xxxeby releases, discharges and acquits the Company and its subsidiaries, affiliates, representatives, agents, employees, officers, directors, shareholders, counsel, assigns and successors (collectively referred to as "Releasees"), of and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which Buddxxxxxx xxx against the Releasees relating to or arising out of the Employment Agreement or Buddxxxxxx'x xxxloyment employment by the Company, including, but not limited to, wrongful discharge, breach of contract, tort, the Civil Rights Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act or any other federal, state or local legislation or common law relating to employment or discrimination in employment or otherwise; provided, however, that nothing contained herein shall release the Company from its obligation to Buddxxxxxx xxxsuant to this Agreement, including any right he may have to corporate indemnification.
(b) The Company hereby releases, discharges, and acquits Buddxxxxxx xx and from all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities which the Company has or which the Company or any successor or assign of the Company may have against Buddxxxxxx xxxating to, arising out of or concerning Buddxxxxxx'x xxxligent conduct, if any, in connection with or concerning the Employment Agreement or his employment with the Company; provided, however, that nothing herein shall release, discharge or acquit Buddxxxxxx xxxm any such claims, demands, sums of money, actions, rights, causes of action, obligations or liabilities relating to, arising out of or concerning Buddxxxxxx'x xxxduct which rises to a level more culpable than negligence, including, but not limited to, intentional misconduct or gross negligence.
Appears in 1 contract
Samples: Severance Agreement (Lodgian Inc)