Common use of Mutual General Release Clause in Contracts

Mutual General Release. In further consideration of the promises and agreements made hereunder, Xxxxxx agrees unconditionally and forever to release and discharge the Company and its respective agents and assigns, and the Company agrees unconditionally and forever to release and discharge Xxxxxx and his respective agents and assigns, from any and all claims, actions, causes of action, demands, liabilities, rights or damages of any kind or nature which any of them may now have, or ever have, whether known or unknown, against the other, including any claims, causes of action or demands of any nature arising out of or in any way relating to Xxxxxx'x service to the Company and the Company's obligations to Xxxxxx under the Employment Agreement. This release specifically includes, but is not limited to, any claims for discrimination and/or violation of any statutes, rules, regulations or ordinances, whether federal, state or local, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, age claims under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefits Protection Act of 1990, Section 1981 of Title 42 of the United States Code, and the California Fair Employment and Housing Act. The parties further agree knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor 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 debtor. Xxxxxx represents and agrees that, prior to the execution of this Agreement, Xxxxxx has had the opportunity to discuss the terms of this Agreement with legal counsel of his choosing. Xxxxxx affirms that no promise or inducement was made to cause him to enter into this Agreement, other than the severance and other benefits described herein. Xxxxxx further confirms that he has not relied upon any other statement or representation by anyone other than what is in this Agreement as a basis for his agreement.

Appears in 1 contract

Samples: Mutual General Release (United Panam Financial Corp)

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Mutual General Release. In further consideration of the promises and agreements made hereunder, Xxxxxx Executive agrees unconditionally and forever forever, except for any rights under this Agreement, to release and discharge the Company and its respective agents subsidiaries, affiliates, officers, directors, employees, representatives, attorneys and assignsagents, and the Company agrees unconditionally and forever to release and discharge Xxxxxx Executive and his respective representatives, attorneys, agents and assigns, from any and all claims, actions, causes of action, demands, liabilities, rights or damages of any kind or nature which any of them may now have, or ever have, whether known or unknown, against the other, including any claims, causes of action or demands of any nature arising out of or in any way relating to Xxxxxx'x service to the Company and Executive's employment with, or separation from the Company's obligations to Xxxxxx under the Employment Agreement. This release specifically includes, but is not limited to, includes any claims for discrimination and/or violation of any statutes, rules, regulations or ordinances, whether federal, state or local, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, age claims under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefits Protection Act of 1990, Section 1981 of Title 42 of the United States Code, and the California Fair Employment and Housing Act. The parties further agree knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, which if known by him, must have materially affected his settlement with the debtor. Xxxxxx Executive represents and agrees that, prior to the execution of this Agreement, Xxxxxx Executive has had the opportunity to discuss the terms of this Agreement with legal counsel of his choosing. Xxxxxx Executive affirms that no promise or inducement was made to cause him to enter into this Agreement, other than the severance and other benefits described herein. Xxxxxx Executive further confirms that he has not relied upon any other statement or representation by anyone other than what is in this Agreement as a basis for his agreement.

Appears in 1 contract

Samples: Severance Agreement (Downey Financial Corp)

Mutual General Release. In further consideration of the promises and agreements made hereunder, Xxxxxx Executive agrees unconditionally and forever to release and discharge the Company and its respective subsidiaries, affiliates, officers, directors, employees, representatives, attorneys, agents and assigns, and the Company agrees unconditionally and forever to release and discharge Xxxxxx Executive and his respective representatives, attorneys, agents and assigns, from any and all claims, actions, causes of action, demands, liabilities, rights or damages of any kind or nature which any of them may now have, or ever have, whether known or unknown, against the other, including any claims, causes of action or demands of any nature arising out of or in any way relating to Xxxxxx'x service to the Company and Executive's employment with, or separation from the Company's obligations to Xxxxxx under the Employment Agreement. This release specifically includes, but is not limited to, any claims for discrimination and/or violation of any statutes, rules, regulations or ordinances, whether federal, state or local, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, age claims under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefits Protection Act of 1990, Section 1981 of Title 42 of the United States Code, and the California Fair Employment and Housing Act. The parties further agree knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor 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 debtor. Xxxxxx Executive represents and agrees that, prior to the execution of this Agreement, Xxxxxx Executive has had the opportunity to discuss the terms of this Agreement with legal counsel of his choosing. Xxxxxx Executive affirms that no promise or inducement was made to cause him to enter into this Agreement, other than the severance and other benefits described herein. Xxxxxx further confirms that he has not relied upon any other statement or representation by anyone other than what is in this Agreement as a basis for his agreement.described

Appears in 1 contract

Samples: Severance Agreement (Downey Financial Corp)

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Mutual General Release. In further consideration of the promises and agreements made hereunder, Xxxxxx and except for the Indemnification Agreement, effective as of June 26, 1996 by and between Executive and the Company (the "Indemnification Agreement") which is not being released hereunder. Executive agrees unconditionally and forever to release and discharge the Company and its respective subsidiaries, affiliates, officers, directors, employees, representatives, attorneys, agents and assigns, and the Company agrees unconditionally and forever to release and discharge Xxxxxx Executive and his respective representatives, attorneys, agents and assigns, from any and all claims, actions, causes of action, demands, liabilities, rights or damages of any kind or nature which any of them may now have, or ever have, whether known or unknown, against the other, including any claims, causes of action or demands of any nature arising out of or in any way relating to Xxxxxx'x service to the Company and Executive's employment with, or separation from the Company's obligations to Xxxxxx under the Employment Agreement. This release specifically includes, but is not limited to, any claims for discrimination and/or violation of any statutes, rules, regulations or ordinances, whether federal, state or local, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, age claims under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefits Protection Act of 1990, Section 1981 of Title 42 of the United States Code, and the California Fair Employment and Housing Act. The parties further agree knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor 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 debtor. Xxxxxx Executive represents and agrees that, prior to the execution of this Agreement, Xxxxxx Executive has had the opportunity to discuss the terms of this Agreement with legal counsel of his choosing. Xxxxxx Executive affirms that no promise or inducement was made to cause him to enter into this Agreement, other than the severance and other benefits described herein. Xxxxxx Executive further confirms that he has not relied upon any other statement or representation by anyone other than what is in this Agreement as a basis for his agreement.

Appears in 1 contract

Samples: Resignation Agreement and General Release (Keystone Automotive Industries Inc)

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