General Waiver and Release of Claims. The receipt of any severance or other benefits pursuant to this Section 7 will be subject to Executive timely executing and not revoking a general waiver and release of claims reasonably acceptable to the Company in its discretion that becomes effective no later than sixty (60) calendar days following Executive’s Termination Date (such date, the “Release Effective Date”). If the release does not become effective by the Release Effective Date, provided the Company has acted in good faith, Executive will forfeit any rights to severance payments or benefits under this Agreement. To the extent that any severance payments or benefits are “non-qualified deferred compensation” under Section 409A (as defined in Section 24 below) that is not otherwise exempt from the application of Section 409A, and if the sixty (60) calendar day period referenced above spans two calendar years, then, the payment of such amounts will not occur until the later of (i) the first payroll date to occur during the calendar year following the calendar year in which the Termination Date occurs or (ii) the Release Effective Date.
General Waiver and Release of Claims a. Executive, on behalf of Executive, Executive’s heirs, executors, administrators, representatives, successors and assigns knowingly and voluntarily releases and forever discharges the Company, including its affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former Executives, attorneys, officers, directors, board members and agents thereof, both individually and in their business capacities, and their Executive benefit plans and programs and their administrators and fiduciaries (collectively, the “Released Parties”), to the full extent permitted by law, of and from any and all claims, known and unknown, asserted and unasserted, which Executive has or may have against the Released Parties as of the date of execution of this Waiver and Release including, but not limited to, any alleged violation of: Title VII of the Civil Rights Act of 1964; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ___________ Xxxxx Xxxx Initials The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified benefit plan); The Immigration Reform and Control Act; The Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendments Act of 2008; The Age Discrimination in Employment Act of 1967 (“ADEA”); The Workers Adjustment and Retraining Notification Act; The Occupational Safety and Health Act; Any Federal or State Whistleblower Statute; The Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act; The Federal Company Whistleblower Protection Act, 12 USC § 1790b; The Fair Credit Reporting Act; The Family and Medical Leave Act; The Equal Pay Act; The Genetic Information Non-Discrimination Act; Any state or local employment laws or regulations; Any state or local anti-discrimination or civil rights statutes; Any state or local anti-retaliation or whistleblower statutes; Any state or local wage payment or wage and hour laws; Any other federal, state or local civil or human rights laws or any other federal, state or local laws, regulations or ordinances; Any public policy, contract, tort or common law claims; or Any basis for recovering costs, fees or other expenses including attorneys’ fees incurred in these matters. ___________ Xxxxx Xxxx Initials b. Notwithstanding the foregoing, the Parties agree that this general waiver and release does not apply to any claims Executive may have for worker’s...
General Waiver and Release of Claims. Reference is made to the Transition and Separation Agreement, dated as of July 11, 2022 (the “Agreement”), to which this General Waiver and Release of Claims (the “Release”) is attached. Capitalized terms used but not defined in this Release will have the meanings given to them in the Agreement.
General Waiver and Release of Claims. (a) In consideration for the execution and delivery of this Agreement, and the undertakings provided for herein, none of which is otherwise required, and as a material inducement for 2U to enter into this Agreement, Executive, on behalf of Executive and Executive’s heirs, executors, administrators, successors and assigns, hereby irrevocably and unconditionally releases the Company, its subsidiaries and affiliates, and each of their respective shareholders, partners, directors, board of managers, officers, agents, employees, insurers, parent companies, affiliates, subsidiaries, predecessors and successors, assigns, heirs, executors, administrators, attorneys, and anyone acting on any of their behalves (collectively with the Company, the “Company Releasees”) of and from any and all actions, causes of action, claims, compensation, costs, demands, damages, debts, expenses, injuries, liabilities, and losses of whatsoever nature, intentional or unintentional or negligent, suspected or unsuspected, fixed or contingent, known or unknown, foreseen or unforeseen (collectively, “Claims”) which Executive or Executive’s heirs, executors, administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any other representative capacity) by reason of any matter, fact or cause whatsoever against the Company Releasees from the beginning of time through the date upon which Executive signs this Agreement, including, but not limited to, any Claims arising out of or relating to Executive’s employment with the Company and/or the termination of Executive’s employment with the Company, including, but not limited to, Claims under any of the following, each as amended, as applicable: the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; 42 U.S.C. § 1981; the Federal Civil Rights Acts of 1866, 1870, 1871, 1964, 1972, 1988, and 1991; Title VII of the Civil Rights Act of 1964; the National Labor Relations Act; the Labor Management Relations Act, 1947; to the extent permitted by applicable law, the Fair Labor Standards Act of 1938; the Equal Pay Act of 1963; the Rehabilitation Act of 1973; the Consolidated Omnibus Budget Reconciliation Act of 1985; the Americans With Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Genetic Information Nondiscrimination Act; the Racketeer Influence and Corrupt Organizations Act; the Sxxxxxxx-Xxxxx Act; the Executive Re...
General Waiver and Release of Claims. THIS GENERAL WAIVER AND RELEASE OF CLAIMS (“Release”) is made by and between HAWK CORPORATION, a Delaware corporation (“Hawk” and, together with its direct and indirect subsidiaries, the “Corporation”), and the undersigned employee of the Corporation (the “Employee”).
General Waiver and Release of Claims. Xx. Xxxxxx expressly waives any and all claims against the Company and releases the Company (including its officers, directors, stockholders, employees, agents, and representatives) from any and all claims, whether known or unknown, that he may have that in any way relate to the employment relationship with the Company, including the termination of the employment relationship and any disqualification of incentive stock options. It is understood that this release includes, but is not limited to, any claims for wages, bonuses, employment benefits, or damages of any kind whatsoever, arising out of any contracts, expressed or implied, any theory of wrongful discharge, any legal restriction on the employment relationship or the Company’s right to terminate employees, or any federal, state, or other governmental statute or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Washington Law Against Discrimination. Xx. Xxxxxx represents that he has not filed any complaints, charges, or lawsuits against the Company with any governmental agency or any court, and agrees that he will not initiate or encourage any such actions, and will not assist any such actions other than as required by law. This waiver and release shall not waive or release any claims under this Agreement or predicated on acts that occur after the date of execution of this Agreement.
General Waiver and Release of Claims. In exchange for the Severance Benefits and the other payments, benefits and undertakings of the Company as stated in this Agreement, the Employee knowingly and willingly waives, releases, relinquishes, concedes and forever discharges all Released Parties from any and all Claims and all rights to any legal or equitable relief under any such Claims. In exchange for the Employee’s agreement to waive, release and discharge these Claims, the Employee is receiving the Severance Benefits, which the Employee agrees constitute full and fair compensation for this waiver and release of Claims. The Released Parties do not owe the Employee anything in addition to what the Employee is entitled to receive under this Agreement.
General Waiver and Release of Claims. Cxxxxxxxx X. Xxxxxx (“Executive”), as of the date set forth below, hereby enters into this GENERAL WAIVER AND RELEASE OF CLAIMS (this “Release”). Capitalized terms used but not defined in this Release shall have the meanings set forth in the Agreement (as defined below).
General Waiver and Release of Claims. Executive, on behalf of Executive and Executive’s heirs, executors, administrators, successors and assigns, hereby irrevocably and unconditionally releases the Company Releasees of and from any and all Claims which Executive or Executive’s heirs, executors, administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any other representative capacity) by reason of any matter, fact or cause whatsoever against the Company Releasees from the beginning of time through the date upon which Executive signs this Release, including, but not limited to, any Claims arising out of or relating to Executive’s employment with the Company and/or the termination of Executive’s employment with the Company, including, but not limited to, Claims under any of the following, each as amended, as applicable: the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; 42 U.S.C. § 1981; the Federal Civil Rights Acts of 1866, 1870, 1871, 1964, 1972, 1988, and 1991; Title VII of the Civil Rights Act of 1964; the National Labor Relations Act; the Labor Management Relations Act, 1947; to the extent permitted by applicable law, the Fair Labor Standards Act of 1938; the Equal Pay Act of 1963; the Rehabilitation Act of 1973; the Consolidated Omnibus Budget Reconciliation Act of 1985; the Americans With Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Genetic Information Nondiscrimination Act; the Racketeer Influence and Corrupt Organizations Act; the Sxxxxxxx-Xxxxx Act; the Executive Retirement Income Security Act; to the extent permitted by applicable law, any “whistleblower” or retaliation laws, provided that nothing in this Release prevents Executive from reporting possible violations of law or regulation to any governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Sxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies); Executive Order 11246; and Md. Code Axx., State Gov’t § 20-101 to 20-1203; qui tam claims under the False Claims Act; any and all claims arising out of the wage and hour and wage payment laws and regulations of the state or states in which Executive has provided service...
General Waiver and Release of Claims
