Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated December 29, 2005 (the “Agreement”), to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company”) and Xxxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Title VII of the 1964 Civil Rights Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Xxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have for unemployment compensation and worker’s compensation, Base Salary (through the date of termination), prorated incentive pay to the extent that the...
Mutual Release and Waiver of Claims. Each party, on behalf of itself, and its affiliates and subsidiaries, hereby releases and discharges the other party, together with its affiliates and subsidiaries, from all disputes, complaints, claims, controversies, damages, actions, and causes of action, of any nature whatsoever, known or unknown, relating to alleged breaches under the Separation Agreement, the Master Patent Agreement, the Tassimo Agreement, and any other Spin-Off Agreement, which either party has, or may have had, against the other party, for any acts or omissions related to or arising from: (a) the announced KFG/Heinz Merger and/or (b) the announced MDLZ Coffee Transaction. This Agreement resolves any such claim for relief that has been, or could have been alleged, no matter how characterized, including, without limitation, any claim for any kind of relief, including and kind of injunctive relief, damages, costs and/or attorney’s fees related thereto.
Mutual Release and Waiver of Claims. Notwithstanding any provision of this instrument to the contrary, Landlord and Tenant hereby each waive all rights of recovery and causes of action which either party has or may have, or which may arise hereafter, against the other, whether caused by negligence or otherwise, for any loss or damage to property or business arising out of or incident to the perils required to be insured against under this Lease; provided, however, that the foregoing waivers apply only to the extent of such insurance coverage and to the extent such waivers do not invalidate any policy of insurance of the parties hereto, now or hereafter issued, it being stipulated that the waiver shall not apply if the application thereof would result in the invalidation of such policy of insurance.
Mutual Release and Waiver of Claims. NRG and Seller shall execute and deliver to Dynegy the Mutual Release and Waiver of Claims, in substantially the form attached hereto as Exhibit C.
Mutual Release and Waiver of Claims. Dynegy shall, and shall cause Buyer, RRP and Termo Alpha to, execute and deliver to NRG and Seller the Mutual Release and Waiver of Claims, in substantially the form attached hereto as Exhibit C.
Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated October 26, 2004 (the “Agreement”), as amended by Amendment No. 1 to Employment Agreement dated February , 2006 (the “Amendment,” and together with the Agreement, the “Amended Agreement”), to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company” ) and Xxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver” ). In exchange for the consideration provided to Executive by the Amended Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Title VII of the 1964 Civil Rights Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Xxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executi...
Mutual Release and Waiver of Claims. Each Party, on behalf of itself, and its affiliates and subsidiaries, hereby fully waives, releases and forever discharges the other Party, together with its affiliates and subsidiaries, from all disputes, complaints, claims, controversies, damages, actions, and causes of action, of any nature whatsoever, known or unknown, relating to the Collaboration Agreement.
Mutual Release and Waiver of Claims a. Except as other expressly provided below in this Paragraph 8(a), Katz, on behalf of herself, her family members, heirs, sucxxxxors and assigns hereby fully waives, releases, and forever discharges the Company, its subsidiary and affiliated entities and anyone connected with them, including but not limited to their past and present officers, directors, attorneys, management staff, employees, and agents, and the parent(s), affiliates, subsidiaries, predecessors, successors, and assigns of each of the foregoing (collectively, the "Releasees") from any and all claims, past, present or future (including claims for costs and attorneys' fees), damages, penalties, demands, actions, liabilities, judgments, liens, losses, indebtedness or causes of action of any kind, known or unknown, suspected or unsuspected, which she ever had or now has against one or more of the Releasees up to and including the date she executes this Agreement. Notwithstanding the foregoing, Katz does not release any rights or claims she may have to indemnxxx and/or defense as more fully described in Paragraph 5, above, or otherwise as a matter of contract, law or equity arising out of or relating to her employment with, or service as a Board Member to, the Company.
b. The Company, on behalf of itself, its subsidiary and affiliated entities and anyone connected with them, including but not limited to its and their past and present officers, directors, attorneys, management staff, employees, and agents, and the parent(s), affiliates, subsidiaries, predecessors, successors, and assigns of each of the foregoing, hereby fully waives, releases, and forever discharges Katz from any and all claims, past, present or future (includinx xlaims for costs and attorneys' fees), damages penalties, demands, actions, liabilities, judgments, liens, losses, indebtedness or causes of action of any kind, known or unknown, suspected or unsuspected, which it and/or they ever had or now have against Katz up to and including the date it executes this Agreement. For xxxxdance of doubt, this release does not include a release of any claims Company shareholders may have against Katz in her capacity as an officer or director of the Company.
c. Except as otherwise specifically provided in Paragraphs 8(a) and 8(b), the releases contained in Paragraphs 8(a) and 8(b) include, but are not limited to, all claims arising out of the negotiation and execution of this Agreement and any and all claims which the Parties may have ag...
Mutual Release and Waiver of Claims. Employee hereby waives all claims the Employee has against DIGA (for purposes of this paragraph 6, DIGA includes Employer, its subsidiaries, affiliates, shareholders, directors, officers, employees, or agents) and releases and discharges DIGA from liability for any claims or damages that Employee may have against DIGA as of the Effective Date, whether known or unknown, including, but not limited to, any claims arising out of Employee’s employment relationship with DIGA (except for indemnification pursuant to the DIGA’s Certificate of Incorporation, bylaws, or any other director or officer indemnification agreement between Employee and DIGA, including Section 8.1 of the Agreement) or termination thereof, or violations of any federal, state, or local fair employment practices law, including Title VII of the Civil Rights Act, Section 1981 of the Civil Rights Act of 1866, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, the WARN Act, or any other federal, state or local employee relations statute, rule, executive order, law or ordinance, tort, express or implied contract, employment agreement, public policy, or other obligations or any right under any company pension, welfare or stock plans, bonus plan, vacation or other benefits, or attorneys’ fees. DIGA hereby waives all claims against Employee and releases and discharges Employee from any liability for any claims or damages that DIGA may have against Employee as of the Effective Date, whether known or unknown, including, but not limited to, any claims arising out of the Transaction, Employee’s conduct as an employee of DIGA, Employee’s employment relationship with DIGA, Employee’s service as a member of DIGA’s board of directors or termination thereof, or arising pursuant to the Agreement.
Mutual Release and Waiver of Claims. For and in consideration of the obligations assumed by the Parties in this Agreement, the Parties hereby release, relinquish and forever discharge the Parties, their affiliates, parents, subsidiaries, successors, and predecessors, and all of their past and current employees, agents, attorneys, officers and directors, as well as any other persons, from any and all claims, liens, demands, obligations, actions, causes of actions, counts, damages, liabilities, losses, fees, costs or expenses, of any nature whatsoever, known or unknown, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, from the beginning of time to the date of the signing of this Agreement, including, but not limited to, all claims and/or potential causes of action arising out of, asserted in, or in any way related to the Action. This includes any claims or potential causes of action from the beginning of time to the date of the signing of this Agreement that may or may not be deemed to be encompassed by the entire controversy doctrine. Notwithstanding anything herein to the contrary, this Release shall not apply to any claims or potential causes of action related to health insurance coverage or other employee benefits provided by Horizon to CareAdvantage employees. CAI acknowledges and agrees that the payment made to it represents settlement of and extinguishes all of CAI's claims against Horizon, including, but not limited to, compensatory and punitive damages, and any claim for costs or attorney's fees. Nothing herein shall be deemed to limit any party's right to seek enforcement of the terms of this Agreement.
