Common use of General Waiver and Release Clause in Contracts

General Waiver and Release. In exchange for the consideration set forth herein, the receipt and adequacy of which are herein acknowledged, and intending to be legally bound hereby, you do hereby release and forever discharge the Released Parties from any and all claims, actions, causes of action, suits, costs, controversies, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contracts, and agreements that you may have against the Released Parties based on (i) any event occurring during the term of your employment with the Company arising out of your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date you sign this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx and Xxxxx Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b) below, the "Claims"). You also do forever release, discharge and waive any right you may have to recover in any proceeding brought by any federal, state or local agency against the Released Parties to enforce any laws. You agree that the payment received as set forth in Section 2.3 of the Agreement shall be in full satisfaction of any and all claims, actions or causes of action for payment or other benefits of any kind that you may have against the Released Parties.

Appears in 4 contracts

Samples: Executive Change in Control Severance Agreement (Panamsat Corp /New/), Executive Change in Control Severance Agreement (Panamsat Corp /New/), Executive Change in Control Severance Agreement (Panamsat Corp /New/)

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General Waiver and Release. In exchange for the mutual consideration set forth herein, the receipt and adequacy of which are herein acknowledged, and intending to be legally bound hereby, you the Company, on the one hand, and you, on the other hand, do hereby release and forever discharge the Released Employee Parties and the Company Parties, respectively, from any and all claims, actions, causes of action, suits, costs, controversies, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contracts, and agreements that you may have against the Released Company Parties or the Company may have against the Employee Parties, or in the future may possess based on (i) any event events occurring during the term of your employment with the Company arising out of (i) your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date you sign this Agreement, with respect to each other, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx and Xxxxx Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you any of the Released Parties are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b3(b) below, the "Claims"). You and the Company also do forever release, discharge and waive any right you or the Company may have to recover in any proceeding brought by any federal, state or local agency against the Released Company Parties and the Employee Parties, respectively, to enforce any laws. You agree Each of the parties hereto agrees that the payment value received as set forth described in Section 2.3 of the this Agreement shall be in full satisfaction of any and all claims, actions or causes of action for payment or other benefits of any kind that you may have against the Released Company Parties and that the Company may have against the Employee Parties.

Appears in 3 contracts

Samples: Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc)

General Waiver and Release. In exchange for the mutual consideration set forth herein, the receipt and adequacy of which are herein acknowledged, and intending to be legally bound hereby, you the Company, on the one hand, and you, on the other hand, do hereby release and forever discharge the Released Employee Parties and the Company Parties, respectively, from any and all claims, actions, causes of action, suits, costs, controversies, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contracts, and agreements that you may have against the Released Company Parties or the Company may have against the Employee Parties, or in the future may possess based on (i) any event events occurring during the term of your employment with the Company arising out of (i) your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date you sign this Agreement, with respect to each other, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx and Xxxxx Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you any of the Released Parties are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b3(b) below, the "ClaimsCLAIMS"). You and the Company also do forever release, discharge and waive any right you or the Company may have to recover in any proceeding brought by any federal, state or local agency against the Released Company Parties and the Employee Parties, respectively, to enforce any laws. You agree Each of the parties hereto agrees that the payment value received as set forth described in Section 2.3 of the this Agreement shall be in full satisfaction of any and all claims, actions or causes of action for payment or other benefits of any kind that you may have against the Released Company Parties and that the Company may have against the Employee Parties.

Appears in 3 contracts

Samples: Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc)

General Waiver and Release. In exchange for the consideration set forth herein, the receipt and adequacy of which are herein acknowledged, and intending to be legally bound hereby, you do hereby release and forever discharge the Released Parties from any and all claims, actions, causes of action, suits, costs, controversies, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contracts, and agreements that you may have against the Released Parties based on (i) any event occurring during the term of your employment with the Company arising out of your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date you sign this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx Unruh and Xxxxx Ralph Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1rxxxxxlitatxxx Xaw,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b) below, the "Claims"). You also do forever release, discharge and waive any right you may have to recover in any proceeding brought by any federal, state or local agency against the Released Parties to enforce any laws. You agree that the payment received as set forth in Section 2.3 of the Agreement shall be in full satisfaction of any and all claims, actions or causes of action for payment or other benefits of any kind that you may have against the Released Parties.

Appears in 1 contract

Samples: Executive Change in Control Severance Agreement (Panamsat Corp /New/)

General Waiver and Release. In exchange for the consideration set forth hereinbenefits which Delta is providing under this Agreement and the Plan, I hereby agree as follows: a. Except for the rights and obligations provided by or arising under this Agreement, the receipt and adequacy Plan, the Delta Retirement Plan, the Delta Family-Care Savings Plan, the 2007 Performance Plan, any bankruptcy claim I may have as the result of which are herein acknowledgedmy participation in any Delta sponsored non qualified pension plan or any right I may have to indemnification by Delta, and intending to be legally bound herebyI hereby release, you do hereby release acquit, withdraw, retract and forever discharge the Released Parties from any and all claims, actions, or causes of actionaction which I now have or may have hereafter, suitsdirectly or indirectly, costspersonally or in a representative capacity, controversiesagainst Delta, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contractsincluding its predecessors and successors, and agreements that you may have against the its subsidiaries and affiliates and all of each entity’s respective administrators, fiduciaries, parents, subsidiaries, plans, affiliates, officers, directors, shareholders, representatives, agents, employees, and all persons acting through or in connection with Delta (each a "Released Parties based on (iParty") by reason of any event occurring during the term of your employment with the Company arising out of your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any matter, conduct, claim, event, conditionact, circumstance omission, cause or obligation that occurredthing whatsoever, existed or arose on or prior to from the beginning of time to, and including, the date you sign of execution of this Agreement, including. This general release includes, but is not limited to, any claims arising all claims, manner of actions, and causes of action which arise under Title VII of the Civil Rights Act of 1964, the as amended; The Age Discrimination in Employment Act of 1967, as amended; The Americans with Disabilities Act; The Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, as amended; The Family & Medical Leave Act; The Worker Adjustment and Retraining Notification Act; 42 U.S.C. §§ 1981 through 1988; the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993as amended, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx and Xxxxx Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b) below, the "Claims"). You also do forever release, discharge and waive any right you may have to recover in any proceeding brought by any federal, state or local agency statute or ordinance respecting discriminatory hiring or employment practices or civil rights laws based on protected class status; common law claims of intentional or negligent infliction of emotional distress, defamation, negligent hiring, breach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, negligence, or wrongful termination of employment; and all other claims of any type or nature, including any claim in contract or tort, and including any claim for attorneys' fees. I understand and intend that this General Release shall discharge all claims against the Released Parties to the extent permitted by law, but shall not discharge claims arising out of any events which may occur after the date of execution of this Agreement. b. Except as necessary to enforce any laws. You the terms of this Agreement, I agree that neither I, nor anyone acting on my behalf, will xxx any Released Party based on any claim released under this Agreement. In the payment received as set forth event that I xxx, or anyone acting on my behalf sues, any Released Party based on any claim released under this Agreement, I will hold each Released Party harmless from any claim asserted in Section 2.3 of the Agreement shall be in full satisfaction of any such lawsuit and all claims, actions or causes of action for will accept no payment or other benefits benefit as a result of such lawsuit or any kind that you may have against the Released Partiessettlement thereof.

Appears in 1 contract

Samples: Separation Agreement (Delta Air Lines Inc /De/)

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General Waiver and Release. In exchange for the consideration set forth hereinbenefits which Delta is providing under this Agreement and the Plan, I hereby agree as follows: a. Except for the rights and obligations provided by or arising under this Agreement, the receipt and adequacy of which are herein acknowledgedDelta Retirement Plan, and intending the Delta Family-Care Savings Plan, the Delta Air Lines, Inc. 2007 Performance Compensation Plan, or any right I may have to be legally bound herebyindemnification by Delta, you do I hereby release release, acquit, withdraw, retract and forever discharge the Released Parties from any and all claims, actions, or causes of actionaction which I now have or may have hereafter, suitsdirectly or indirectly, costspersonally or in a representative capacity, controversiesagainst Delta, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contractsincluding its predecessors and successors, and agreements that you may have against the its subsidiaries and affiliates and all of each entity’s respective administrators, fiduciaries, parents, subsidiaries, plans, affiliates, officers, directors, shareholders, representatives, agents, employees, and all persons acting through or in connection with Delta (each a "Released Parties based on (iParty") by reason of any event occurring during the term of your employment with the Company arising out of your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any matter, conduct, claim, event, conditionact, circumstance omission, cause or obligation that occurredthing whatsoever, existed or arose on or prior to from the beginning of time to, and including, the date you sign of execution of this Agreement, including. This general release includes, but is not limited to, any claims arising all claims, manner of actions, and causes of action which arise under Title VII of the Civil Rights Act of 1964, the as amended; The Age Discrimination in Employment Act of 1967, as amended; The Americans with Disabilities Act; The Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, as amended; The Family & Medical Leave Act; The Worker Adjustment and Retraining Notification Act; 42 U.S.C. §§ 1981 through 1988; the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993as amended, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx and Xxxxx Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b) below, the "Claims"). You also do forever release, discharge and waive any right you may have to recover in any proceeding brought by any federal, state or local agency statute or ordinance respecting discriminatory hiring or employment practices or civil rights laws based on protected class status; common law claims of intentional or negligent infliction of emotional distress, defamation, negligent hiring, breach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, negligence, or wrongful termination of employment; and all other claims of any type or nature, including any claim in contract or tort, and including any claim for attorneys' fees. I understand and intend that this General Release shall discharge all claims against the Released Parties to the extent permitted by law, but shall not discharge claims arising out of any events which may occur after the date of execution of this Agreement. b. Except as necessary to enforce any laws. You the terms of this Agreement, I agree that neither I, nor anyone acting on my behalf, will sxx any Released Party based on any claim released under this Agreement. In the payment received as set forth event that I sxx, or anyone acting on my behalf sues, any Released Party based on any claim released under this Agreement, I will hold each Released Party harmless from any claim asserted in Section 2.3 of the Agreement shall be in full satisfaction of any such lawsuit and all claims, actions or causes of action for will accept no payment or other benefits benefit as a result of such lawsuit or any kind that you may have against the Released Partiessettlement thereof.

Appears in 1 contract

Samples: Separation Agreement (Delta Air Lines Inc /De/)

General Waiver and Release. In exchange for the consideration set forth hereinherexx, the xxe receipt and adequacy of which are herein acknowledged, and intending to be legally bound hereby, you do hereby release and forever discharge the Released Parties from any and all claims, actions, causes of action, suits, costs, controversies, judgments, decrees, verdicts, damages, liabilities, attorneys' fees, covenants, contracts, and agreements that you may have against the Released Parties based on (i) any event occurring during the term of your employment with the Company arising out of your employment relationship with or service as an employee or officer of the Company or the termination of such relationship or service or (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date you sign this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the California Fair Employment and Housing Act, the California Workers' Compensation Act, the California Xxxxx Unruh and Xxxxx Ralph Civil Rights Laws, the California Alcohol and Drug rehabilitation Law,(1) rxxxxxlitatxxx Xaw,1 or any other federal or state or local law or any foreign jurisdiction, whether such claim arises under statute, common law or in equity, and whether or not you are presently aware of the existence of such claim, damage, action or cause of action, suit or demand (collectively, including claims, actions and causes of action set forth in Section 1(b) below, the "Claims"). You also do forever release, discharge and waive any right you may have to recover in any proceeding brought by any federal, state or local agency against the Released Parties to enforce any laws. You agree that the payment received as set forth in Section 2.3 of the Agreement shall be in full satisfaction of any and all claims, actions or causes of action for payment or other benefits of any kind that you may have against the Released Parties.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Panamsat Corp /New/)

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