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 Retirement Income Security Act; to the extent permitted by applicable law and subject to Section 19, any “whistleblower” or retaliation laws; 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 to the Company or any of its affiliates; and any other federal, state, or local laws, including without limitation, those related to employment, separation from employment, or terms and conditions of employment. Executive represents that Executive has no complaints, charges or lawsuits pending against the Company Releasees.
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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, a. Executive, on behalf of Executive and 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, hereby irrevocably and unconditionally releases the Companytheir current and former Executives, its subsidiaries and affiliatesattorneys, and each of their respective shareholders, partnersofficers, directors, board of managersmembers and agents thereof, officers, agents, employees, insurers, parent companies, affiliates, subsidiaries, predecessors both individually and successors, assigns, heirs, executors, administrators, attorneysin their business capacities, and anyone acting on any of their behalves Executive benefit plans and programs and their administrators and fiduciaries (collectively with the Companycollectively, the “Company ReleaseesReleased Parties”) ), to the full extent permitted by law, of and from any and all actions, causes of action, claims, compensation, costs, demands, damages, debts, expenses, injuries, liabilities, known and losses of whatsoever nature, intentional or unintentional or negligent, suspected or unsuspected, fixed or contingent, known or unknown, foreseen or unforeseen (collectivelyasserted and unasserted, “Claims”) which Executive or Executive’s heirs, executors, administrators, successors or assigns ever had, now have or hereafter can, will has 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 Released Parties as of time through the date upon which Executive signs of execution of this Agreement, Waiver and 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 applicablealleged violation of: 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 Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the National Labor Relations United States Code, as amended; ___________ Xxxxx Xxxx Initials WAIVER AND RELEASE AGREEMENT 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 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 The Americans With with Disabilities Act of 19901990 and the Americans with Disabilities Amendments Act of 2008; the 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 of 1993Act; the The Equal Pay Act; The Genetic Information Nondiscrimination Non-Discrimination Act; the Racketeer Influence and Corrupt Organizations ActAny state or local employment laws or regulations; the SxxxxxxxAny state or local anti-Xxxxx Actdiscrimination or civil rights statutes; the Executive Retirement Income Security ActAny state or local anti-retaliation or whistleblower statutes; to the extent permitted by applicable law and subject to Section 19, any “whistleblower” Any state or retaliation laws; 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 local wage payment or wage and hour and wage payment laws and regulations of the laws; Any other federal, state or states in which Executive has provided service to the Company local civil or any of its affiliates; and human rights laws or any other federal, state, 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 without limitationattorneys’ fees incurred in these matters. ___________ Xxxxx Xxxx Initials EXHIBIT 10.1 WAIVER AND RELEASE AGREEMENT b. Notwithstanding the foregoing, those related the Parties agree that this general waiver and release does not apply to employmentany claims Executive may have for worker’s compensation benefits, separation from employment, unemployment insurance or terms and conditions of employmentindemnification as provided by state law as well as any other claims that cannot lawfully be released. Executive represents that Executive has no complaints, charges or lawsuits pending against the The Company Releaseesdoes not make any representation as to Executive’s eligibility for such benefits.
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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”) 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”) 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 AgreementRelease, 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 and subject to Section 19law, 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 to the Company or any of its affiliates; and any other federal, state, or local laws, including without limitation, those related to employment, separation from employment, or terms and conditions of employment. Executive represents that Executive has no complaints, charges or lawsuits pending against the Company Releasees. The Parties expressly acknowledge and agree that this release and waiver shall exclude: (1) the rights to enforce this Release; (2) any right or entitlement that employees are not allowed by applicable law to waive or release; (3) any right Executive has to file, cooperate in or participate in a charge, investigation, or proceeding with any federal, state, or local administrative or government agency (such as the Equal Employment Opportunity Commission, the Securities Exchange Commission, the National Labor Relations Board, or the U.S. Department of Labor), except that Executive waives the right to any recovery, relief, or monetary award in connection with any such charge, investigation, or proceeding unless prohibited by applicable law (notwithstanding the foregoing, this release and waiver does not limit Executive’s right to receive an award for information provided to the SEC); (4) rights or remedies in connection with Executive’s ownership of equity securities of the Company; (5) claims to any benefit entitlements vested as of the Separation Date, pursuant to written terms of any employee benefit plan of the Company or its affiliates; (6) Executive’s earned base salary that is not yet due and that is paid in arrears by the Company in the ordinary course; and (7) any claim that arises only after the date Executive signs this Release. Executive represents that Executive has no complaints, charges or lawsuits pending against the Company Releasees.
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General Waiver and Release of Claims. (a) In consideration for of the execution mutual agreements and delivery of covenants set forth in this Agreement, and the undertakings provided for herein, none sufficiency of which is otherwise requiredhereby acknowledged, Employee for himself/herself, his/her heirs, and as a material inducement for 2U to enter into this Agreement, Executive, on behalf of Executive and Executive’s heirs, executors, administrators, successors his/her legal representatives and assigns, hereby irrevocably releases and unconditionally releases the Companyforever discharges Employer, its subsidiaries current and former officers, directors, employees, agents, successors, predecessors, assigns, affiliates, and each of their respective shareholdersparent and subsidiary companies, partners, directors, board of managers, officers, agents, employeesas well as Employer’s employee benefits plans (and any administrators, insurers, parent companies, affiliates, subsidiaries, predecessors and successors, assigns, heirs, executors, administrators, attorneysor fiduciaries thereof), and anyone all persons acting on by, through, under, or in concert with any of their behalves them (collectively with the Company, the “Company Releasees”) of and ), from any and all actionsclaims, charges, demands, suits, complaints, grievances, causes of action, claims, compensation, costs, demands, damages, debts, expenses, injuries, liabilities, and losses of and/or liability whatsoever nature, intentional or unintentional or negligent, suspected or unsuspected, fixed or contingent, known or unknown, foreseen or unforeseen (collectively, the “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 involving any matter arising out of or in any way related, directly or indirectly, to his/her employment with Employer, his/her compensation and/or his/her separation from employment, or with respect to any other representative capacity) by reason of any mattertransaction, fact event or cause whatsoever against the Company Releasees from the beginning of time through occurrence pre-dating the date upon which Executive signs Employee executes this Agreement, whether now known or unknown, including, but not limited to, any Claims arising out claim of breach of contract, wrongful discharge, intentional infliction of emotional distress, retaliation and/or employment harassment or relating to Executive’s discrimination, whether in tort or in contract, any employment with intentional tort or violations of specific safety requirements, any statutory or common law claim for attorneys’ fees, any claim for interest on the Company and/or the termination of Executive’s employment with the Companyamounts paid under this Agreement, or any other claim under present or future federal, state, or local statute or law, 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 Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act, the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the National Labor Relations Act; , the Labor Management Relations North Carolina Retaliatory Employment Discrimination Act, 1947; to the extent permitted by applicable lawNorth Carolina Equal Employment Practices Act, the Fair Labor Standards Act North Carolina Persons with Disabilities Protection Act, and/or the North Carolina Wage and Hour Act, with the exception 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 any Claim that applicable law and subject precludes him/her from waiving. [OPTIONAL: Include the following if you want to Section 19, include an age discrimination release: This Release specifically includes any “whistleblower” or retaliation laws; Executive Order 11246; and Md. Code Axx., State Gov’t § 20-101 to 20-1203; qui tam claims potential claim under the False Claims Act; ADEA.] Employee further represents and affirms that he/she has been paid and/or received all leave (paid or unpaid), vacation pay, compensation, wages, bonuses, commissions, and/or benefits to which he/she may be entitled and that no other leave (paid or unpaid), vacation pay, compensation, wages, bonuses, commissions, and/or benefits are due him/her, except as provided in this Agreement. Employee acknowledges that he/she has reported to Employer 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 to the Company or any of its affiliates; and any other federal, state, or local laws, including without limitation, those known work-related to injuries incurred by him/her during his/her employment, separation from employment, or terms and conditions of employment. Executive represents that Executive has no complaints, charges or lawsuits pending against the Company Releasees.
Appears in 1 contract
