Common use of General Waiver and Release Clause in Contracts

General Waiver and Release. Notwithstanding any provision to the contrary in the Agreement, Executive acknowledges that in addition to other conditions set forth in the Agreement, Executive Severance Benefits shall be conditioned upon the prior execution by Executive of a general waiver and release (hereinafter referred to as "Waiver") as described in this Section 3(E), and Executive shall not be eligible for Executive Severance Benefits unless and until Executive has executed the Waiver within ninety (90) days following the later of Executive's termination of employment. The Waiver shall be substantially in the form attached hereto as Exhibit A and shall generally waive all claims Executive has or may have against Company or an Affiliate, and any successors or predecessors thereto, and shall release Company and all Affiliates, and any successors and predecessors thereto, from all liability with respect to any such claims; provided, however, that Executive shall not waive, and there shall be no release with respect to, any claim (other than a claim disputing the validity of this Section 3(E) or the Waiver) of Executive to enforce any one or more of the provisions of the Agreement.

Appears in 5 contracts

Samples: Executive Severance Agreement (Rightchoice Managed Care Inc), Executive Severance Agreement (Rightchoice Managed Care Inc), Executive Severance Agreement (Rightchoice Managed Care Inc)

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General Waiver and Release. Notwithstanding any provision to the contrary in the this Agreement, Executive acknowledges that in addition to other conditions set forth in the this Agreement, Executive Severance Benefits shall be conditioned upon the prior execution by Executive of a general waiver and release (hereinafter referred to as "Waiver") as described in this Section 3(E), and Executive shall not be eligible for Executive Severance Benefits unless and until Executive has executed the Waiver within ninety twenty-one (9021) days following the later of Executive's termination of employment. The Waiver shall be substantially in the form attached hereto as Exhibit A and shall generally waive all claims Executive has or may have against Company or an AffiliateAffiliate of Company, and any successors or predecessors thereto, and shall release Company and all AffiliatesAffiliates of Company, and any successors and predecessors thereto, from all liability with respect to any such claims; provided, however, that Executive shall not waive, and there shall be no release with respect to, any claim (other than a claim disputing the validity of this Section 3(E) or the Waiver) of Executive to enforce any one or more of the provisions of this Agreement. The foregoing notwithstanding, the Waiver attached hereto as Exhibit A may be modified by Company at any time during the term of this Agreement.

Appears in 5 contracts

Samples: Executive Severance Agreement (Rightchoice Managed Care Inc /De), Executive Severance Agreement (Rightchoice Managed Care Inc /De), Executive Severance Agreement (Rightchoice Managed Care Inc /De)

General Waiver and Release. Notwithstanding any provision to the contrary in the this Agreement, Executive Officer acknowledges that in addition to other conditions set forth in the this Agreement, Executive Severance Benefits shall be conditioned upon the prior execution by Executive Officer of a general waiver and release (hereinafter referred to as "Waiver") as described in this Section 3(E3(D), and Executive Officer shall not be eligible for Executive Severance Benefits unless and until Executive Officer has executed the Waiver within ninety twenty-one (9021) days following the later of ExecutiveOfficer's termination of employment. The Waiver shall be substantially in the form attached hereto as Exhibit A C and shall generally waive all claims Executive Officer has or may have against Company or an AffiliateCompany, any Affiliate of Company, and any successors or Revised March 5, 2001 7 8 predecessors thereto, and shall release Company and all AffiliatesAffiliates of Company, and any successors and predecessors thereto, from all liability with respect to any such claims; provided, however, that Executive Officer shall not waive, and there shall be no release with respect to, any claim (other than a claim disputing the validity of this Section 3(E3(D) or the Waiver) of Executive Officer to enforce any one or more of the provisions of this Agreement. The foregoing notwithstanding, the Waiver attached hereto as Exhibit C may be modified by Company at any time during the term of this Agreement.

Appears in 3 contracts

Samples: Officer Severance Agreement (Rightchoice Managed Care Inc /De), Officer Severance Agreement (Rightchoice Managed Care Inc /De), Officer Severance Agreement (Rightchoice Managed Care Inc /De)

General Waiver and Release. Notwithstanding any provision to the contrary in the this Agreement, Executive Officer acknowledges that in addition to other conditions set forth in the this Agreement, Executive Severance Benefits shall be conditioned upon the prior execution by Executive Officer of a general waiver and release (hereinafter referred to as "Waiver") as described in this Section 3(E3(D), and Executive Officer shall not be eligible for Executive Severance Benefits unless and until Executive Officer has executed the Waiver within ninety twenty-one (9021) days following the later of ExecutiveOfficer's termination of employment. The Waiver shall be substantially in the form attached hereto as Exhibit A C and shall generally waive all claims Executive Officer has or may have against Company or an AffiliateCompany, any Affiliate of Company, and any successors or predecessors thereto, and shall release Company and all AffiliatesAffiliates of Company, and any successors and predecessors thereto, from all liability with respect to any such claims; provided, however, that Executive Officer shall not waive, and there shall be no release with respect to, any claim (other than a claim disputing the validity of this Section 3(E3(D) or the Waiver) of Executive Officer to enforce any one or more of the provisions of this Agreement. The foregoing notwithstanding, the Waiver attached hereto as Exhibit C may be modified by Company at any time during the term of this Agreement.

Appears in 2 contracts

Samples: Officer Severance Agreement (Rightchoice Managed Care Inc /De), Officer Severance Agreement (Rightchoice Managed Care Inc /De)

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General Waiver and Release. Notwithstanding any provision to the -------------------------- contrary in the Agreement, Executive acknowledges that in addition to other conditions set forth in the Agreement, Executive Severance Benefits shall be conditioned upon the prior execution by Executive of a general waiver and release (hereinafter referred to as "Waiver") as described in this Section 3(E), and Executive shall not be eligible for Executive Severance Benefits unless and until Executive has executed the Waiver within ninety (90) days following the later of Executive's termination of employment. The Waiver shall be substantially in the form attached hereto as Exhibit A and shall generally waive all claims Executive has or may have against Company or an Affiliate, and any successors or predecessors thereto, and shall release Company and all Affiliates, and any successors and predecessors thereto, from all liability with respect to any such claims; provided, however, that Executive shall not waive, and there shall be no release with respect to, any claim (other than a claim disputing the validity of this Section 3(E) or the Waiver) of Executive to enforce any one or more of the provisions of the Agreement.

Appears in 1 contract

Samples: Executive Severance Agreement (Rightchoice Managed Care Inc)

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