Included Claims. The claims being waived and released include, without limitation:
Included Claims. This Second Release includes, but is not limited to, all claims for past due or future wages, overtime, compensation, minimum wages, damages, back pay, front pay, severance pay, meal and rest break compensation, penalties (including late payment penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, equitable relief, bonuses, vacation pay, medical insurance, life or disability insurance, and other benefits (except vested retirement benefits) and all claims for violation of any express or implied agreement, written or verbal, that occurred before the execution of this Second Release, or for any violation of any common law duty or statute. In waiving and releasing any and all claims set forth in this Second Release, whether or not now known to the Employee, the Employee understands that this means that if the Employee later discovers facts different from or in addition to those facts currently known or believed to be true, the waivers and releases of this Second Release will remain effective in all respects – despite such different or additional facts – and even if the Employee would not have agreed to this Second Release if the Employee had prior knowledge of such facts. The Employee expressly, knowingly, and intentionally waives the benefits and rights of any statute, rule, doctrine, or common law principle of any jurisdiction whatsoever that provides that a general release does not extend to unknown claims. The Employee further agrees that, except to enforce the terms of this Second Release and subject to the rights enumerated in Section 4(c), the Employee will not initiate or file, or cause to be initiated or filed, any complaint, suit, charge, or other proceeding asserting any of the released claims against the Company. The consideration offered herein is accepted by the Employee as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims, and the Employee expressly agrees that the Employee is not entitled to and shall not receive any further recovery of any kind from, and that in the event of any further complaint, suit, charge or other proceeding whatsoever, except those to enforce the terms of this Second Release, based upon any matter released herein, the Company shall have no further monetary or other obligation of any kind to the Employee, including any obligation for any costs, expenses, and attorneys’ fees incurred by the Employee or on the Employ...
Included Claims. Except those benefits expressly set forth in this Agreement, this Release and Waiver also includes, but is not limited to, all claims for past or future wages, severance pay, bonuses, incentive pay, commissions, vacation pay, sick pay, paid time off, medical benefits, life or disability insurance, equity awards and other benefits and all claims for violation of any express or implied agreement, written or verbal, that occurred before the execution of this Agreement, or for any violation of any common law duty or statute, including all claims for attorney fees.
Included Claims. The claims being waived and released include, without limitation: any and all claims arising from or relating to Executive’s recruitment, hire, employment and termination of employment with the Company; any and all claims of wrongful discharge, emotional distress, defamation, misrepresentation, fraud, detrimental reliance, breach of contractual obligations, promissory estoppel, negligence, assault and battery, violation of public policy; any and all claims for monetary damages arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended, the Older Workers Benefit Protection Act of 1990 (“OWBPA”), Title VII of the Civil Rights Act of 1964 as amended, and the Americans with Disabilities Act of 1990 as amended; any and all claims, outside of those identified in Section (1)(a)(iii), of unlawful discrimination, harassment and retaliation under applicable federal, state and local laws and regulations; any and all claims, outside of those identified in Section (1)(a)(iii), of violation of any federal, state and local law relating to recruitment, hiring, terms and conditions of employment, and termination of employment; and any and all claims for monetary damages and any other form of personal relief.
Included Claims. This Agreement also includes, but is not limited to, all claims for past due or future wages, severance pay, bonuses, vacation pay, medical insurance, life or disability insurance, and other benefits (except vested retirement benefits) and all claims for violation of any express or implied agreement, written or verbal, that occurred before the execution of this Agreement, or for any violation of any common law duty or statute.
Included Claims. This Agreement also includes, but is not limited to, all claims for past or future wages, severance pay, bonuses, including, but not limited to, any bonus under the Incentive Bonus Plan, vacation pay, medical insurance, life or disability insurance, and other benefits (except vested retirement benefits) and all claims for violation of any expressed or implied agreement, written or verbal, that occurred before the execution of this Agreement, or for any violation of any common law duty or statute, including all claims for attorney's fees. Employee does not waive rights or claims that may arise after the date Employee signs this Agreement, including any claims relating to a breach of this Agreement by the Company. Employee does not waive any rights to vested employee benefits, group health benefit continuation rights provided by COBRA, or any claim for worker's compensation. -2-
Included Claims. The Claims covered by this agreement to arbitrate include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant, express or implied; tort claims, common law or statutory claims for discrimination, including but not limited to discrimination based on race, sex, religion, national origin, age, marital status, sexual orientation, disability or medical condition; claims for benefits; and claims for violation of any federal, state or other governmental constitution, statute, ordinance or regulation. Except as provided in Sections 11 and 15(c)(vii) of this Agreement, both the Company and Executive agree that neither party shall initiate or prosecute any lawsuit which relates in any way to any Claim covered by this Agreement or the formation, interpretation or enforceability of this Agreement. Any issue or dispute concerning the formation, interpretation or enforceability of the Agreement shall be subject to arbitration, and the arbitrator will have the authority to decide any such issue or dispute.
Included Claims. This Release and Waiver also includes, but is not limited to, all claims for past or future wages, severance pay, bonuses, commissions, vacation pay, paid time off, medical insurance, life or disability insurance, tuition reimbursement, and other benefits (except as provided in the Transition Agreement and Separation and Release Agreement, and except for vested retirement benefits) and all claims for violation of any expressed or implied agreement, written or verbal, that occurred before the execution of this Separation and Release Agreement, or for any violation of any common law duty or statute, including all claims for attorneys’ fees.
Included Claims. If any Governmental Entity asserts a claim or challenge to the Parties' position mentioned in paragraph 3.1 above in connection with the payments provided for in this Agreement, which claim or challenge relates, in whole or in part, to additional liabilities (including, but not limited to, interest, penalties, late payment charges, legal fees and other litigation costs) Peabody is alleged to have to any such Governmental Entity based on a claim or determination by a Governmental Entity that royalties or taxes that are the responsibility of the Participants under paragraph 1.5 of this Agreement became due earlier than the dates of associated payments made by the Participants pursuant to paragraphs 1.1 through 1.4 of this Agreement but after December 11, 1994 ("Post-12/11/94 Governmental Claims"), then the Parties agree to the following procedure, and the Participants agree to indemnify Peabody, in accordance with the provisions of paragraphs 3.2.2 through 3.2.5 of this Agreement.
Included Claims. Except those benefits expressly set forth in this Agreement, this Release and Waiver also includes, but is not limited to, all claims for past or future wages, severance pay, bonuses, commissions, vacation pay, sick pay, medical benefits, life or disability insurance, equity options or grants, and other benefits and all claims for violation of any express or implied agreement, written or verbal, that occurred before the execution of this Agreement, or for any violation of any common law duty or statute, including all claims for attorney fees. Employee releases and waives all rights to recover, directly or 000 X. Xxxxxxxxxx Xx. Xxxxxxx, XX 00000 Phone 000-000-0000 Fax 000-000-0000 xxx.xxxxxx.xxx 2 CONFIDENTIAL indirectly, all or part of any penalty imposed on Gentex as a result of any action brought by or on behalf of any federal, state, or local government or by Employee or on behalf of Employee against Gentex.
