Common use of General Waiver and Release Clause in Contracts

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated as of December 23, 2008, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date), except as follows:

Appears in 5 contracts

Samples: Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc)

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General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23________________, 200820__, among Executive between Employee and the Company (the “Agreement”), ExecutiveEmployee, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, actions causes of action, sums of money due, suitssuites, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, but not limited to, Claims arising which arise out of or are in any way connected with ExecutiveEmployee’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 5 contracts

Samples: Change in Control Agreement (Black Hills Corp /Sd/), Change in Control Agreement (Black Hills Corp /Sd/), Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of -------------------------- Mirant and the Company to provide Executive the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23April 2, 20082001, among Executive Executive, Mirant and the Company (the "Agreement"), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Mirant and the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as "Released Parties") from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as "Claims") whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited toby way of limitation, Claims arising out of or in any way connected with Executive’s 's employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 4 contracts

Samples: Change in Control Agreement (Mirant Corp), Change in Control Agreement (Mirant Corp), Change in Control Agreement (Mirant Corp)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated as of December 23February 28, 20082006, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 3 contracts

Samples: Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23June ____, 20082005, among Executive between Employee and the Company (the "Agreement"), ExecutiveEmployee, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as "Released Parties") from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as "Claims") whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, but not limited to, Claims arising which arise out of or are in any way connected with Executive’s Employee's employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 2 contracts

Samples: Change in Control Agreement (Black Hills Corp /Sd/), Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated as of December 23April ____, 20082012, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date), except as follows:

Appears in 2 contracts

Samples: Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated as of December 23April 9, 20082012, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date), except as follows:

Appears in 2 contracts

Samples: Change in Control Agreement (Drew Industries Inc), Change in Control Agreement (Drew Industries Inc)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23______________________, 200820___, among Executive between Employee and the Company (the “Agreement”), ExecutiveEmployee, with the intention of binding himself and all of his Employee’s heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, Successor Employer, their parents, affiliates, subsidiaries, predecessors, divisions, and successors, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporationsinsurers, predecessors, subsidiaries, affiliates, estates, successorsemployee benefit plans and fiduciaries of such plans, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suitssuites, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, including but not limited to, to all Claims arising which arise out of or are in any way connected with ExecutiveEmployee’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of Mirant and the Company to provide Executive the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23April 2, 20082001, among Executive Executive, Mirant and the Company (the "Agreement"), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Mirant and the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as "Released Parties") from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as "Claims") whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited toby way of limitation, Claims arising out of or in any way connected with Executive’s 's employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Mirant Corp)

General Waiver and Release. For and in consideration of the ----------------------------- agreement of Mirant and the Company to provide Executive the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23April 2, 20082001, among Executive Executive, Mirant and the Company (the "Agreement"), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Mirant and the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as "Released Parties") from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as "Claims") whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited toby way of limitation, Claims arising out of or in any way connected with Executive’s 's employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Mirant Corp)

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General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated effective as of December 23March 1, 20082005, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Drew Industries Inc)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23___________________, 200820__, among Executive between Employee and the Company (the “Agreement”), ExecutiveEmployee, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, actions causes of action, sums of money due, suitssuites, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, but not limited to, Claims arising which arise out of or are in any way connected with ExecutiveEmployee’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive the Severance Payment described in the Amended and Restated Change in Control Agreement, dated as of December 23February 25, 20082013, among Executive and the Company (the “Agreement”), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited to, Claims arising out of or in any way connected with Executive’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited to, Claims pursuant to Federal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date), except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Drew Industries Inc)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23____________ , 200820____ , among Executive between Employee and the Company (the “Agreement”), ExecutiveEmployee, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, actions causes of action, sums of money due, suitssuites, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, but not limited to, Claims arising which arise out of or are in any way connected with ExecutiveEmployee’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of the Company to provide Executive Employee the Severance Payment severance benefits described in the Amended and Restated that certain Change in Control Agreement, dated as of December 23_______________, 200820___, among Executive between Employee and the Company (the “Agreement”), ExecutiveEmployee, with the intention of binding himself and all of his Employee’s heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, Successor Employer, their parents, affiliates, subsidiaries, predecessors, divisions, and successors, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporationsinsurers, predecessors, subsidiaries, affiliates, estates, successorsemployee benefit plans and fiduciaries of such plans, assigns and attorneys (hereinafter collectively referred to as “Released Parties”) from any and all claims, charges, actions, actions causes of action, sums of money due, suitssuites, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which ExecutiveEmployee, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties includingParties, including but not limited to, to all Claims arising which arise out of or are in any way connected with ExecutiveEmployee’s employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Change in Control Agreement (Black Hills Corp /Sd/)

General Waiver and Release. For and in consideration of the agreement of Mirant and the Company to provide Executive the Severance Payment severance benefits described in the Amended and Restated Change in Control that certain Retention Agreement, dated as of December 23July 9, 20082002, among Executive Executive, Mirant and the Company (the "Agreement"), Executive, with the intention of binding himself and all of his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Mirant and the Company, and all of its their respective past and present officers, directors, stockholders, employees, agents, parent corporations, predecessors, subsidiaries, affiliates, estates, successors, assigns and attorneys (hereinafter collectively referred to as "Released Parties") from any and all claims, charges, actions, causes of action, sums of money due, suits, debts, covenants, contracts, agreements, rights, damages, promises, demands or liabilities (hereinafter collectively referred to as "Claims") whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, which Executive, individually or as a member of any class, now has, owns or holds or has at any time heretofore ever had, owned or held against the Released Parties including, but not limited toby way of limitation, Claims arising out of or in any way connected with Executive’s 's employment with the Company or any of the Released Parties or the termination of any such employment relationship, including, but not limited toby way of limitation, Claims pursuant to Federalfederal, state or local statute, regulation, ordinance or common-law for (i) employment discrimination; (ii) wrongful discharge; (iii) breach of contract; (iv) tort actions of any type, including those for intentional or negligent infliction of emotional harm; and (v) unpaid benefits, wages, compensation, commissions, bonuses or incentive payments of any type (excluding amounts which have been earned but have not been paid on the release date)type, except as follows:

Appears in 1 contract

Samples: Employee Retention Agreement (Mirant Corp)

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