Common use of Legal Release Clause in Contracts

Legal Release. Employee, for himself, his heirs, personal representatives and assigns, and any other person or entity that could or might act on behalf of him, (collectively, “Releasers”), hereby fully and forever release and discharge Janus, its present and future Affiliates, parent companies and subsidiaries, and each of their past and present officers, directors, employees, shareholders, independent contractors, attorneys, insurers and any and all other persons or entities that are now or may become liable to any Releaser due to any Releasee’s act or omission, including without limitation all Janus Entities (collectively, “Releasees”), of and from any and all actions, causes of action, claims, demands, costs and expenses, including attorneys’ fees, of every kind and nature whatsoever, in law or in equity, whether now known or unknown, that Releasers, or any person acting under any of them, may now have, or claim at any future time to have, based in whole or in part upon any act or omission occurring on or before the Effective Date, without regard to present actual knowledge of such acts or omissions, including specifically, but not by way of limitation, matters which may arise at common law, such as breach of contract, express or implied, promissory estoppel, wrongful discharge, tortious interference with contractual rights, infliction of emotional distress, defamation, or under federal, state or local laws, such as the Fair Labor Standards Act, the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Americans with Disabilities Act, and the Colorado Civil Rights Act; EXCEPT for the rights and obligations created by this agreement; AND EXCEPT for any vested rights under any pension, retirement, profit sharing or similar plan; AND EXCEPT for Employee’s rights to indemnification under Section 12 of the Employment Agreement. Employee hereby warrants that he has not assigned or transferred to any person any portion of any claim which is released, waived and discharged above. Employee further states and agrees that he has not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of any state, and Employee agrees that he will not file a worker’s compensation claim asserting the existence of any such illness, injury, or disability. Employee has specifically consulted with his attorneys with respect to the agreements, representations, and declarations set forth in the previous sentence. Employee understands and agrees that by signing this agreement he is giving up his right to bring any legal claim against Janus concerning, directly or indirectly, Employee’s employment relationship with Janus and its Affiliates, including his separation from employment. Employee agrees that this legal release is intended to be interpreted in the broadest possible manner in favor of Janus and its Affiliates, to include all actual or potential legal claims that Employee may have against the Janus Entity, except as specifically provided otherwise in this agreement.

Legal Release. Employee(a) Executive, for himself, on his own behalf and on behalf of his heirs, personal representatives representatives, executors, administrators and assigns, knowingly and voluntarily releases and forever discharges the Company and its affiliates and any other person or entity that could or might act on behalf of himtheir respective parents, (collectivelysubsidiaries and affiliates, “Releasers”)together with all of their respective past and present directors, hereby fully members, managers, officers, shareholders, Trustees, partners, employees, agents, attorneys and forever release and discharge Janus, its present and future Affiliates, parent companies and subsidiariesservants, and each of their past affiliates, predecessors, successors and present officers, directors, employees, shareholders, independent contractors, attorneys, insurers and any and all other persons or entities that are now or may become liable to any Releaser due to any Releasee’s act or omission, including without limitation all Janus Entities assigns (collectively, “Releasees”), of and the "COMPANY RELEASEES") from any and all actionsclaims, charges, complaints, promises, agreements, controversies, liens, demands, causes of action, claimsobligations, demands, costs damages and expenses, including attorneys’ fees, liabilities of every kind and any nature whatsoever, in law or in equity, whether now known or unknown, suspected or unsuspected, that ReleasersExecutive or his heirs, executors, administrators, or any person acting under any of themassigns ever had, may now have, or may hereafter claim at to have against any future of the Company Releasees by reason of any matter, cause or thing whatsoever from the beginning of time to havethrough the date hereof, based in whole whether or in part upon not previously asserted before any act state or omission occurring on federal court, agency or before the Effective Dategovernmental entity or any arbitral body. This release includes, without regard limitation, any rights or claims relating in any way to present actual knowledge Executive's employment relationship with the Company or any of such acts the Company Releasees, or omissionshis resignation therefrom, or arising under any statute or regulation, including specifically, but not by way of limitation, matters which may arise at common law, such as breach of contract, express or implied, promissory estoppel, wrongful discharge, tortious interference with contractual rights, infliction of emotional distress, defamation, or under federal, state or local laws, such as the Fair Labor Standards Act, the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Equal Pay Act1967 ("ADEA"), the Americans with Disabilities ActAct of 1990, the Employee Retirement Income Security Act of 1974, and the Colorado Civil Rights Act; EXCEPT for the rights and obligations created by this agreement; AND EXCEPT for Family Medical Leave Act of 1993, each as amended, or any vested rights other federal, state or local law, regulation, ordinance, or common law, or under any pensionpolicy, retirementagreement, profit sharing understanding or similar planpromise, written or oral, formal or informal, between Executive and the Company or any of the Company Releasees; AND EXCEPT for Employee’s provided, however, that notwithstanding the foregoing or anything else contained in this Agreement, the release set forth in this Section 9(a) shall not extend to: (i) any rights to indemnification arising under this Agreement or Section 12 10 of the Employment Agreement; (ii) any rights arising under the LTI Plan and all agreements pursuant to which Executive was awarded the stock and stock options referred to in Section 4, above, the provisions of which are incorporated by this reference to the extent not inconsistent with this Agreement; (iii) any unpaid salary, 2003 bonus or accrued vacation, reimbursement for any previously incurred expenses in accordance with the Company's policies in effect on the date hereof, or any benefits or claims for benefits under any Welfare Benefit Plans accrued as of the date hereof; and (iv) any rights arising under COBRA. Employee hereby warrants Executive represents that he has not assigned commenced or transferred joined in any claim, charge, action or proceeding whatsoever against the Company or any of the Company Releasees arising out of or relating to any person any portion of any claim which is released, waived and discharged abovethe matters released in this Section 9(a). Employee Executive further states and agrees that he has not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of any state, and Employee agrees that he will not file a worker’s compensation claim asserting seek or be entitled to any personal recovery in any claim, charge, action or proceeding whatsoever against the existence Company or any of the Company Releasees for any of the matters released in this Section 9(a). (b) The Company, on its own behalf and on behalf of its current and past parents, subsidiaries and affiliates and each of their predecessors, successors and assigns, knowingly and voluntarily releases and forever discharges Executive and his heirs, personal representatives, executors, administrators and assigns, (collectively, the "EXECUTIVE RELEASEES") from any and all claims, charges, complaints, promises, agreements, controversies, liens, demands, causes of action, obligations, damages and liabilities of any such illnessnature whatsoever, injuryknown or unknown, suspected or unsuspected, that the Company, its current and past parents, subsidiaries and affiliates and each of their predecessors, successors and assigns ever had, now have, or disabilitymay hereafter claim to have against any of the Executive Releasees by reason of any matter, cause or thing whatsoever from the beginning of time through the date hereof, whether or not previously asserted before any state or federal court, agency or governmental entity or any arbitral body. Employee has specifically consulted This release includes, without limitation, any rights or claims relating in any way to Executive's employment relationship with the Company, or his attorneys with respect to separation therefrom, or arising under any statute or regulation, or any other federal, state or local law, regulation, ordinance, or common law, or under any policy, agreement, understanding or promise, written or oral, formal or informal, between Executive and the agreementsCompany; provided, representationshowever, and declarations that notwithstanding the foregoing or anything else contained in this Agreement, the release set forth in this paragraph 9(b) shall not extend to: (i) any rights arising under this Agreement; (ii) any claim or claims against Executive relating to or arising from any issue or matter that is the previous sentencesubject matter of the regulatory investigations commenced in July 2003 and/or ongoing related civil litigation; or (iii) any claim or claims that the Company may have against Executive as of the Effective Date of which it is not aware as of the Effective Date because of willful concealment by Executive. Employee The Company, on its own behalf and on behalf of its current and past parents and subsidiaries, and each of their predecessors, successors and assigns, represents that it has not commenced or joined in any claim, charge, action or proceeding whatsoever against Executive arising out of or relating to any of the matters released in this Section 9(b). The Company, on its own behalf and on behalf of its current and past parents and subsidiaries, and each of their predecessors, successors and assigns, further agrees that it will not seek or be entitled to any personal recovery in any claim, charge, action or proceeding whatsoever against Executive for any of the matters released in this Section 9(b). (c) In order to provide a full and complete release, each of the Parties understands and agrees that by signing this agreement he is giving up his right to bring any legal claim against Janus concerning, directly or indirectly, Employee’s employment relationship with Janus and its Affiliates, including his separation from employment. Employee agrees that this legal release Agreement is intended to be interpreted in the broadest possible manner in favor of Janus and its Affiliates, to include all actual or potential legal claims claims, if any, covered under this Section 9 that Employee such Party may have and not now know or suspect to exist in his or its favor against any other Party and that this Agreement extinguishes such claims. Thus, each of the Janus EntityParties expressly waives all rights under any statute or common law principle in any jurisdiction that provides, except as specifically provided otherwise in this agreementeffect, that a general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the party being released.

Legal Release. Employee(a) Executive, for himself, on his own behalf and on behalf of his heirs, personal representatives representatives, executors, administrators and assigns, knowingly and voluntarily releases and forever discharges the Company and its affiliates and any other person or entity that could or might act on behalf of himtheir respective parents, (collectivelysubsidiaries and affiliates, “Releasers”)together with all of their respective past and present directors, hereby fully members, managers, officers, shareholders, Trustees, partners, employees, agents, attorneys and forever release and discharge Janus, its present and future Affiliates, parent companies and subsidiariesservants, and each of their past affiliates, predecessors, successors and present officers, directors, employees, shareholders, independent contractors, attorneys, insurers and any and all other persons or entities that are now or may become liable to any Releaser due to any Releasee’s act or omission, including without limitation all Janus Entities assigns (collectively, “Releasees”), of and the "COMPANY RELEASEES") from any and all actionsclaims, charges, complaints, promises, agreements, controversies, liens, demands, causes of action, claimsobligations, demands, costs damages and expenses, including attorneys’ fees, liabilities of every kind and any nature whatsoever, in law or in equity, whether now known or unknown, suspected or unsuspected, that ReleasersExecutive or his heirs, executors, administrators, or any person acting under any of themassigns ever had, may now have, or may hereafter claim at to have against any future of the Company Releasees by reason of any matter, cause or thing whatsoever from the beginning of time to havethrough the date hereof, based in whole whether or in part upon not previously asserted before any act state or omission occurring on federal court, agency or before the Effective Dategovernmental entity or any arbitral body. This release includes, without regard limitation, any rights or claims relating in any way to present actual knowledge Executive's employment relationship with the Company or any of such acts the Company Releasees, or omissionshis resignation therefrom, or arising under any statute or regulation, including specifically, but not by way of limitation, matters which may arise at common law, such as breach of contract, express or implied, promissory estoppel, wrongful discharge, tortious interference with contractual rights, infliction of emotional distress, defamation, or under federal, state or local laws, such as the Fair Labor Standards Act, the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Equal Pay Act1967 ("ADEA"), the Americans with Disabilities ActAct of 1990, the Employee Retirement Income Security Act of 1974, and the Colorado Civil Rights Act; EXCEPT for the rights and obligations created by this agreement; AND EXCEPT for Family Medical Leave Act of 1993, each as amended, or any vested rights other federal, state or local law, regulation, ordinance, or common law, or under any pensionpolicy, retirementagreement, profit sharing understanding or similar planpromise, written or oral, formal or informal, between Executive and the Company or any of the Company Releasees; AND EXCEPT for Employee’s provided, however, that notwithstanding the foregoing or anything else contained in this Agreement, the release set forth in this Section 9(a) shall not extend to: (i) any rights to indemnification arising under this Agreement or Section 12 10 of the Employment Agreement; (ii) any rights arising under the LTI Plan and all agreements pursuant to which Executive was awarded the stock and stock options referred to in Section 4, above, the provisions of which are incorporated by this reference to the extent not inconsistent with this Agreement; (iii) any benefits or claims for benefits under any Welfare Benefit Plans accrued as of the date hereof; and (iv) any rights arising under COBRA. Employee hereby warrants Executive represents that he has not assigned commenced or transferred joined in any claim, charge, action or proceeding whatsoever against the Company or any of the Company Releasees arising out of or relating to any person any portion of any claim which is released, waived and discharged abovethe matters released in this Section 9(a). Employee Executive further states and agrees that he has not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of any state, and Employee agrees that he will not file a worker’s compensation claim asserting seek or be entitled to any personal recovery in any claim, charge, action or proceeding whatsoever against the existence Company or any of the Company Releasees for any of the matters released in this Section 9(a). (b) The Company, on its own behalf and on behalf of its current and past parents, subsidiaries and affiliates and each of their predecessors, successors and assigns, knowingly and voluntarily releases and forever discharges Executive and his heirs, personal representatives, executors, administrators and assigns, (collectively, the "EXECUTIVE RELEASEES") from any and all claims, charges, complaints, promises, agreements, controversies, liens, demands, causes of action, obligations, damages and liabilities of any such illnessnature whatsoever, injuryknown or unknown, suspected or unsuspected, that the Company, its current and past parents, subsidiaries and affiliates and each of their predecessors, successors and assigns ever had, now have, or disabilitymay hereafter claim to have against any of the Executive Releasees by reason of any matter, cause or thing whatsoever from the beginning of time through the date hereof, whether or not previously asserted before any state or federal court, agency or governmental entity or any arbitral body. Employee has specifically consulted This release includes, without limitation, any rights or claims relating in any way to Executive's employment relationship with the Company, or his attorneys with respect to separation therefrom, or arising under any statute or regulation, or any other federal, state or local law, regulation, ordinance, or common law, or under any policy, agreement, understanding or promise, written or oral, formal or informal, between Executive and the agreementsCompany; provided, representationshowever, and declarations that notwithstanding the foregoing or anything else contained in this Agreement, the release set forth in this paragraph 9(b) shall not extend to: (i) any rights arising under this Agreement; (ii) any claim or claims against Executive relating to or arising from any issue or matter that is the previous sentencesubject matter of the regulatory investigations commenced in July 2003 and/or ongoing related civil litigation; or (iii) any claim or claims that the Company may have against Executive as of the Effective Date of which it is not aware as of the Effective Date because of willful concealment by Executive. Employee The Company, on its own behalf and on behalf of its current and past parents and subsidiaries, and each of their predecessors, successors and assigns, represents that it has not commenced or joined in any claim, charge, action or proceeding whatsoever against Executive arising out of or relating to any of the matters released in this Section 9(b). The Company, on its own behalf and on behalf of its current and past parents and subsidiaries, and each of their predecessors, successors and assigns, further agrees that it will not seek or be entitled to any personal recovery in any claim, charge, action or proceeding whatsoever against Executive for any of the matters released in this Section 9(b). (c) In order to provide a full and complete release, each of the Parties understands and agrees that by signing this agreement he is giving up his right to bring any legal claim against Janus concerning, directly or indirectly, Employee’s employment relationship with Janus and its Affiliates, including his separation from employment. Employee agrees that this legal release Agreement is intended to be interpreted in the broadest possible manner in favor of Janus and its Affiliates, to include all actual or potential legal claims claims, if any, covered under this Section 9 that Employee such Party may have and not now know or suspect to exist in his or its favor against any other Party and that this Agreement extinguishes such claims. Thus, each of the Janus EntityParties expressly waives all rights under any statute or common law principle in any jurisdiction that provides, except as specifically provided otherwise in this agreementeffect, that a general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the party being released.