Common use of Mutual General Releases Clause in Contracts

Mutual General Releases. (a) Except with respect to any rights, obligations or duties arising out of this Agreement, and except with respect to any rights of indemnity, including under any TJX policy, practice, insurance policy, indemnity contract, corporate law, bylaw, article of incorporation or otherwise, and in consideration of the Settlement Payment as set forth in this Agreement and other valuable consideration, Xxxxx hereby releases and discharges TJX and all of its present and former officers, directors, partners, investors, stockholders, trustees, attorneys, insurers, representatives, agents, employees and employee benefit plans, and anyone acting for or on behalf of any of the foregoing (collectively, the "TJX Releasees"), of and from any and all complaints, charges, lawsuits and claims for relief of any kind by Xxxxx that he now has, ever had or may have in the future against the TJX Releasees or any one of them, whether known or unknown, arising out of any matter or thing that has happened before the signing of this Agreement, including but not limited to claims arising under common law or statute, claims for breach of contract (including but not limited to the Employment Agreement and any other contract, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations), and claims arising under federal and state labor laws, employment laws and laws prohibiting discrimination on the basis of age, sex, race, national origin or disability. The laws referred to in the preceding sentence include but are not limited to Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974 ("ERISA"), the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Fair Labor Standards Act of 1938, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, Chapters 149 through 154 of the Massachusetts General Laws, the Massachusetts Civil Rights Act and the Massachusetts Equal Rights Law, all as amended. It is further expressly agreed and understood by Xxxxx that the release contained herein is a GENERAL RELEASE. (b) Except with respect to any rights, obligations or duties arising out of this Agreement and the Employment Agreement (as modified by Sections 5 and 8 of this Agreement), and in consideration of Xxxxx'x General Release to the TJX Releasees and other valuable consideration, TJX and anyone acting for or on behalf of TJX, hereby release and discharge Xxxxx of and from any and all complaints, charges, lawsuits and claims for relief of any kind that TJX now has, ever had or may have in the future against Xxxxx, whether known or unknown, arising out of any matter or thing that has happened before the signing of this Agreement, including but not limited to claims arising out of Xxxxx'x former employment with TJX, Xxxxx'x present employment with Pier 1, claims arising under common law or statute, claims for breach of contract (including but not limited to the Employment Agreement and any other contract, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations). It is further expressly agreed and understood by TJX that the release contained herein is a GENERAL RELEASE.

Mutual General Releases. (a) a. Except with respect as provided above, the Employee, on behalf of himself and his heirs, executors, administrators, successors and assigns, hereby covenants not to any rightssue and hereby fully releases, obligations or duties arising out of this Agreementxxsmisses, and except with respect to any rights of indemnityforever discharges the Company and its affiliated entities, including under any TJX policy, practice, insurance policy, indemnity contract, corporate law, bylaw, article of incorporation or otherwise, as well as its and in consideration of the Settlement Payment as set forth in this Agreement and other valuable consideration, Xxxxx hereby releases and discharges TJX and all of its present and former officerstheir trustees, directors, partnersofficers, investorsagents, employees, stockholders, trustees, attorneys, insurers, representatives, agentspredecessors, employees and employee benefit plansassigns, successors, transferees, and anyone acting for or on behalf of any of parties to the foregoing Transaction (collectively, hereinafter collectively referred to as the "TJX ReleaseesCompany Released Parties"), of and ) from any and all complaintsactions, chargescauses of action, lawsuits lawsuits, claims, counterclaims, demands, debts, obligations, damages, judgments, orders, and claims for relief liabilities of any kind by Xxxxx that he now has, ever had or may have in the future against the TJX Releasees or any one of themwhatever nature, whether known or unknown, which he now owns or holds or has at any time owned or held or may in the future own or hold, arising out of or in any matter way connected, directly or thing that has happened before indirectly, with his employment relationship with the signing Company or the termination thereof or any other occurrences, acts, or omissions or any loss, damage, or injury whatsoever, known or unknown, including, without limiting the generality of this Agreementthe foregoing, any claim of breach of contract, wrongful discharge, torts of any kind, any common law claims now or hereafter recognized, and any claims arising under federal, state or local laws or ordinances, including but not limited to claims arising under common law or statuteto, claims for breach of contract (including but not limited to the Employment Agreement and any other contract, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations), and claims arising under federal and state labor laws, employment laws and laws prohibiting discrimination on the basis of age, sex, race, national origin or disability. The laws referred to in the preceding sentence include but are not limited to Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974 ("ERISA"), the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA")1967, the Fair Labor Standards Act of 1938Older Workers Benefits Protection Act, the Americans with With Disabilities Act, the Civil Rights Act of 19901991, the Family and Medical Leave Act, the Rehabilitation Act of 1973, the Family and Medical Leave Employee Retirement Income Security Act of 19931974, Chapters 149 through 154 the Consolidated Omnibus Budget Reconciliation Act, the Worker Adjustment and Retraining Notification Act, the Occupational Safety and Health Act, and the False Claims Act which the Employee may have against any of the Massachusetts General LawsCompany Released Parties. b. Except as provided above, the Massachusetts Civil Rights Act and the Massachusetts Equal Rights LawCompany, all as amended. It is further expressly agreed and understood by Xxxxx that the release contained herein is a GENERAL RELEASE. (b) Except with respect to any rights, obligations or duties arising out of this Agreement and the Employment Agreement (as modified by Sections 5 and 8 of this Agreement), and in consideration of Xxxxx'x General Release to the TJX Releasees and other valuable consideration, TJX and anyone acting for or on behalf of TJXitself and its successors and assigns, hereby release covenants and discharge Xxxxx of agrees, and further agrees to use its best efforts to induce any party to the Transaction, not to sue and hereby fully releases, xxsmisses, and forever discharges the Employee and his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the "Employee Released Parties") from any and all complaintsactions, chargescauses of action, lawsuits lawsuits, claims, counterclaims, demands, debts, obligations, damages, judgments, orders, and claims for relief liabilities of any kind that TJX now has, ever had or may have in the future against Xxxxxwhatever nature, whether known or unknown, which they at any time in the past had, or now or at any time may in the future have, arising out of or in any matter way connected, directly or thing that has happened before indirectly, with the signing Employee's employment relationship with the Company or the termination thereof or any other occurrences, acts, or omissions or any loss, damage, or injury whatsoever, known or unknown, including, without limiting the generality of this Agreementthe foregoing, including but not limited to claims arising out any claim of Xxxxx'x former employment with TJXbreach of contract, Xxxxx'x present employment with Pier 1wrongful discharge, claims arising under torts of any kind, any common law claims now or statutehereafter recognized, claims for breach of contract (including but not limited which the Company or any party to the Employment Agreement Transaction may have against any of the Employee Released Parties, and hereby affirmatively approves and ratifies all actions taken by the Employee as President and Chief Executive Officer of the Company and agrees to defend and hold Employee harmless from any other contract, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations). It is further expressly agreed and understood by TJX that the release contained herein is a GENERAL RELEASEclaim whatsoever involving any such actions.

Mutual General Releases. (a) Except with respect to any rightsThe Parties hereby release and forever discharge each other and their subsidiaries, obligations or duties arising out of this Agreementaffiliates, and except with respect to any rights of indemnity, including under any TJX policy, practice, insurance policy, indemnity contract, corporate law, bylaw, article of incorporation or otherwisedivisions, and their past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, executors, successors, assigns, and other representatives of any kind in consideration of the Settlement Payment their capacities as set forth such (referred to in this Agreement and other valuable consideration, Xxxxx hereby releases and discharges TJX and all of its present and former officers, directors, partners, investors, stockholders, trustees, attorneys, insurers, representatives, agents, employees and employee benefit plans, and anyone acting for or on behalf of any of the foregoing (collectively, the "TJX Releasees"), of and collectively as “Released Parties”) from any and all complaintsclaims, charges, lawsuits and claims for relief demands, liabilities, or causes of action of any kind by Xxxxx that he now haskind, ever had or may have in the future against the TJX Releasees or any one of them, whether known or unknown, arising out asserted or unasserted (“Claims”), that each ever had, has or may have, from the beginning of any matter or thing that has happened before time through the signing of date the Parties execute this Agreement, including including, but not limited to claims to, any claims, liabilities, or causes of action of any kind arising in connection with the Employee’s employment or termination of employment with the Company or arising under common law or statute, claims for breach of contract (including but not limited relating to the Employment Agreement Agreement, except as otherwise provided for in paragraph (b) of this Section 5. Furthermore, subject to paragraph (b) of this Section 5, the Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other contractReleased Parties. Claims that the Employee is releasing include, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations), and claims arising under federal and state labor laws, employment laws and laws prohibiting discrimination on the basis of age, sex, race, national origin or disability. The laws referred to in the preceding sentence include but are not limited to to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination or other claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. §2000e et seq.; the Employee Retirement Income Security Federal Rehabilitation Act of 1974 ("ERISA")1973, the Equal Pay Act of 1963as amended, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Fair Labor Standards Act of 1938, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973as amended, 00 X.X.X. §00000 et seq.; the Family and Medical Leave Act of 1993, Chapters 149 through 154 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Massachusetts General Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining Xxxxxxxxxxxx Xxx, 00 X.X.X. §0000 et seq.; the Connecticut Human Rights and Opportunities Act, C.G.S. §46a-51 et seq., the Connecticut Family and Medical Leave Act, C.G.S. §31-51kk et seq., the Connecticut Wage Payment Laws, the Massachusetts Civil Rights Act C.G.S. §31-58 et seq., any other federal, state, or local constitutional provision, statute, executive order, or regulation or ordinance relating to employment and/or civil rights, and the Massachusetts Equal Rights Law, all as amended. It is further expressly agreed and understood by Xxxxx that the release contained herein is a GENERAL RELEASEany other claims whether based on contract or tort. (b) Except with respect to Notwithstanding the provisions of paragraph (a) of this Section 5 or the other provisions of this Agreement: (i) Nothing in paragraph (a) of this Section 5 or in any rights, obligations or duties arising out other provision of this Agreement shall release, waive or shall affect any rights the Employee has or may have: (A) under this Agreement; (B) under the Unimin Corporation Savings Plan (C) to COBRA health insurance benefits if and to the Employment extent that COBRA benefits are applicable; or (E) to any claim to unemployment compensation due under applicable state law. (ii) Nothing in paragraph (a) of this Section 5 or in any other provision of this Agreement (as modified by Sections 5 and shall release, waive or in any way modify the obligations of the Company to the Employee that are described in Section 8 of this Agreement)Agreement or in Exhibit B hereto. (iii) Nothing in paragraph (a) of this Section 5 or in any other provision of this Agreement shall release, waive or in any way modify the rights of the Employee as an insured (whether as a named insured or otherwise) under any past or present liability insurance policy (such as directors and in consideration officers (“D&O”) liability insurance and fiduciary liability insurance of Xxxxx'x General Release to the TJX Releasees and other valuable consideration, TJX and anyone acting for Company or on behalf of TJX, hereby release and discharge Xxxxx of and from any and all complaints, charges, lawsuits and claims for relief of any kind that TJX now has, ever had or may have affiliate of the Company). (iv) Nothing in the future against Xxxxx, whether known or unknown, arising out of any matter or thing that has happened before the signing paragraph (a) of this Agreement, including but not limited to claims arising out of Xxxxx'x former employment with TJX, Xxxxx'x present employment with Pier 1, claims arising under common law Section 5 or statute, claims for breach of contract (including but not limited to the Employment Agreement and in any other contractprovision of this Agreement shall release, agreementwaive or in any way modify the rights of the Employee to reimbursement of his legitimate past business expenses. (v) Nothing in paragraph (a) of this Section 5 shall release, plan, grant waive or other document relating in any way modify the rights of the Employee to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion enforce the provisions of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations). It is further expressly agreed and understood by TJX that the release contained herein is a GENERAL RELEASESection 3.

Mutual General Releases. (a) Except with respect to any rights, obligations or duties arising out of this Agreementa. Xx xxxxideration for the benefits described in Sections 2 through 6 above, and except with respect to any rights of indemnity, including under any TJX policy, practice, insurance policy, indemnity contract, corporate law, bylaw, article of incorporation or otherwise, for other good and in consideration of the Settlement Payment as set forth in this Agreement and other valuable consideration, Xxxxx which are of greater value than to which Mr. Todd would normally be entitled upon resignation, Mr. Todd, on bxxxxx xx himself, his heirs, executors, administrators, xxxxxx, representatives and assigns, hereby forever releases VSE and discharges TJX its affiliated entities, and all of its present and former their officers, directors, partnersshareholders, investors, stockholders, trustees, attorneys, insurers, representativesemployees, agents, employees representatives and employee benefit plansattorneys, and anyone acting for or on behalf each of any of the foregoing (collectivelytheir predecessors, the "TJX Releasees")successors and assigns, of and from any and all complaintsclaims, demands, suits, actions, causes of action, charges, lawsuits and claims for relief liabilities or damages of any kind by Xxxxx that he now has, ever had or may have in the future against the TJX Releasees or any one of themnature whatsoever, whether known or unknown, arising out of based on any matter act, omission, conduct, policy, practice, occurrence fact or thing that has happened before incident up to and including the signing of this AgreementExecution Date ("Claims"), including but not limited without limitation Claims relating in any way to claims arising under common law or statute, claims for breach of contract (including but not limited to the Employment Agreement and any other contract, agreement, plan, grant or other document relating to Xxxxx'x former his employment with TJX) VSE and the termination thereof. This Release includes without limitation Claims under the Age Discrimination in tort (including but not limited to claims for defamationEmployment Act, invasion of privacyas amended, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations), and claims arising under federal and state labor laws, employment laws and laws prohibiting discrimination on the basis of age, sex, race, national origin or disability. The laws referred to in the preceding sentence include but are not limited to Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974 ("ERISA"), the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Fair Labor Standards Act of 1938, the Americans with Disabilities Act, the Virginia Human Rights Act, the Fairfax County Human Rights Act, the Uniformed Services Employment and Reemployment Rights Act of 19901994, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, Chapters 149 through 154 of the Massachusetts General Laws, the Massachusetts Civil Rights Vietnam Era Veterans Readjustment Act and the Massachusetts Equal Rights Law, all as amended. It is further expressly agreed and understood by Xxxxx that the release contained herein is a GENERAL RELEASE. (b) Except with respect other laws relating to any rights, obligations or duties arising out of this Agreement and the Employment Agreement (as modified by Sections 5 and 8 of this Agreement), and in consideration of Xxxxx'x General Release to the TJX Releasees and other valuable consideration, TJX and anyone acting for or on behalf of TJX, hereby release and discharge Xxxxx of and from any veterans' rights and all complaintsother federal, charges, lawsuits and claims for relief of any kind that TJX now has, ever had state or may have in the future against Xxxxx, whether known or unknown, arising out of any matter or thing that has happened before the signing of this Agreement, including but not limited to claims arising out of Xxxxx'x former employment with TJX, Xxxxx'x present employment with Pier 1, claims arising under common law or statute, claims local laws; Claims for breach of contract (including but not limited to the Employment Agreement and any other contract; Claims for wrongful discharge; Claims for emotional distress, agreementdefamation, planfraud, grant misrepresentation or any other document personal injury or tort; Claims for unpaid compensation of any kind; Claims relating to Xxxxx'x former employment with TJX) benefits; Claims for attorneys' fees and costs, and all other Claims under any other federal, state or local law or cause of action. Mr. Todd further agrees not to assert or file any such Claims in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations)the xxxxxx. It is understood and agreed that this Mutual Release does not apply to Claims for breach of this Agreement. b. In consideration for the benefits contained herein, and for other good and valuable consideration, which are of greater value than to which VSE would normally be entitled, VSE and its affiliated entities, and its and their officers, directors, shareholders, employees, agents, representatives and attorneys, and each of their predecessors, successors and assigns, hereby forever release Mr. Todd, his heirs, executors, administrators, agents, representatixxx xxx assigns, from any and all Claims, including without limitation claims for breach of contract, claims for breach of fiduciary duties, claims for any torts, claims for attorneys' fees and costs, and claims under any federal, state, or local law or cause of action concerning employment which are based on any act, omission, conduct, policy, practice, or occurrence as of the Execution Date. VSE further expressly agrees not to assert or file any such Claims in the future. It is understood and agreed and understood by TJX that the release contained herein is a GENERAL RELEASEthis Mutual Release does not apply to Claims for breach of this Agreement.