Mutual Release of All Claims. In consideration of the Additional Benefits, and to the fullest extent allowed by law, Employee, for Employee, Employee’s spouse, heirs, successors and assigns, hereby releases and forever discharges the Company, its owners, parents, successors, subsidiaries, affiliates, directors, officers, employees and all other representatives, and the Company’s benefit plans and fiduciaries (collectively, the “Released Parties”), from any and all charges, claims, suits and expenses (including attorneys’ fees and costs), whether known or unknown, including, but not limited to, claims under the Fair Labor Standards Act and the Wisconsin Wage Payment and Collection Law; federal, state and local fair employment law(s); the Wisconsin Fair Employment Act; Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of the Civil Rights Act of 1866; the Civil Rights Act of 1991; the Equal Pay Act; the Age Discrimination in Employment Act, as amended; the Older Workers Benefit Protection Act of 1990; the Americans with Disabilities Act; state or federal family and/or medical leave acts including, but not limited to, the Family and Medical Leave Act and the Wisconsin Family and Medical Leave Act; the Consolidated Omnibus Budget Reconciliation Act of 1985; the Employee Retirement Income Security Act of 1974, as amended; the Occupational Safety and Health Act; the Fair Credit Reporting Act; the Genetic Information Nondiscrimination Act; the Occupational Safety and Health Act; federal, state, and local whistleblower laws (to the extent permitted by law); any laws that provide for the payment of attorneys’ fees, costs, expenses or punitive, exemplary or statutory damages; the common law of Wisconsin; and any other federal, state or local laws, ordinances, or regulations of any kind, whether statutory or decisional. This release also includes, but is not limited to, a release of any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy, infliction of emotional distress, or invasion of privacy claims. This release also includes a release of any claims arising out of any Company policy, practice, program, contract, or agreement, but does not include a release of any claims for State Unemployment Compensation or Workers Compensation. This release includes any and all matters in connection with or relating in any way to Employee’s employment with the Company and Employee’s resignation from the Company, provided, how...
Mutual Release of All Claims. Effective as of the Separation Date, the Employee for himself, his heirs, personal representatives and assigns, and any other person or entity that could or might act on behalf of him, including, without limitation, his affiliates and legal counsel (all of whom are collectively referred to as “Employee Releasers”), and the Company, its parents, divisions, subsidiaries, affiliates, and each of their past and present officers, agents, directors, Employees, shareholders, independent contractors, attorneys and insurers (all of whom are collectively referred to as “Company Releasers), hereby fully and forever release and discharge each other 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 each Releaser, 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, contract, transaction, or omission occurring from the beginning of time through the Separation Date, including but not limited to, any claim in connection with the Employee’s employment relationship with the Company, or the termination thereof, 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, statutory, state or federal law, including the Fair Labor Standards Act, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), 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; EXCEPT for the rights and obligations created by this Agreement AND EXCEPT for any vested rights under any pension, retirement, profit sharing, health and welfare or stock option, or similar plan. Each party hereby warrants that it or he has not assigned or transferred to any person any portion of any claim which is released, waived and discharged above.
Mutual Release of All Claims a) In exchange for the full consideration above, each party shall relinquish now and forever all pre-existing contractual claims and respective legal rights involved in the disputes. Consultant shall cause HRE to agree and sign a separate mutual release with RMI, under terms to be negotiated.
Mutual Release of All Claims a. Company and Employee make this Agreement on behalf of themselves and their respective predecessors, successors, ancestors, descendants, spouse, dependents, executors, heirs, administrators, assigns and anyone else claiming by, through or under each of them.
Mutual Release of All Claims. Xx. Xxxxxx and Iomega acknowledge that the consideration and benefits described in this Agreement exceed any amount due to either Xx. Xxxxxx or Iomega. In consideration for entering into this Agreement and for the payments and other promises by Iomega and Employee stated herein, each party for himself or itself and on behalf of their heirs, agents, successors, assigns and all affiliated persons, both past and present, knowingly waive all claims, known and unknown, against each other and hereby releases, waives, acquits and forever discharges each other and their officers, directors, shareholders, agents, employees, representatives, and all parent, subsidiary and affiliated companies, together with their employees, officers, directors, shareholders, and agents, from any and all liabilities, claims, actions, causes of action, injuries, wages and compensation and/or damages of any kind and character, including, without limitation, all claims for wages, salary, bonuses, commissions, vacation pay, Separation Pay, reimbursement for expenses, attorneys' fees and costs (except for workers' compensation insurance benefits as provided herein), and from all claims based upon matters relating in any way to Employee's employment, conditions of employment and/or termination of employment with Iomega, whether known or unknown, suspected or unsuspected, up to and including the date on which Employee and Iomega sign this Agreement. This waiver and release includes but is not limited to a release of all wrongful termination claims, all claims under state and federal discrimination laws, including, but not limited to, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, California Fair Employment and Housing Act and any other federal or state discrimination laws. Notwithstanding the foregoing, nothing in this Agreement shall be construed as a waiver or release of rights to enforce the provisions of this Agreement by either Xx. Xxxxxx or Iomega. BY SIGNING THIS AGREEMENT, EMPLOYEE AND IOMEGA HAVE KNOWINGLY WAIVED ANY RIGHT TO BRING A LAWSUIT AGAINST EACH OTHER BASED ON ANY ACTIONS, KNOWN OR UNKNOWN, TAKEN UP TO THE DATE AND TIME OF SIGNING THIS AGREEMENT, AND WILL HAVE RELEASED EACH OTHER FROM ANY AND ALL CLAIMS OF ANY NATURE RELATING TO EMPLOYEE'S EMPLOYMENT, ARISING UP TO THE DATE AND TIME OF SIGNING THIS AGREEMENT. The parties acknowledge that this is a full and final release, and that Employee and Iomega intend and ...
Mutual Release of All Claims. Scio, the members of the Xxxxx Group, on behalf of themselves, as well as on behalf of their agents, spouses, children, beneficiaries, predecessors, successors, attorneys, heirs, assigns, and anyone else claiming through or on behalf of them, if any (the “Xxxxx Group Releasing Parties”), and the members of the Save Scio Group, on behalf of themselves, as well as on behalf of their agents, spouses, children, beneficiaries, predecessors, successors, attorneys, heirs, assigns, trusts, and anyone else claiming through or on behalf of them, if any (the “Save Scio Group Releasing Parties”), hereby fully, irrevocably and unconditionally release, acquit, and discharge the Xxxxx Group Releasing Parties and the Save Scio Group Releasing Parties, respectively, and all other Parties from any and all claims, actions, complaints, causes of action, rights, demands, obligations, accounts, defenses, or liabilities of any kind whatsoever, whether in law or in equity, whether contractual, common law, statutory, federal, state, or otherwise, which Scio or any of the Releasing Parties has or could have, whether now or in the future, known or unknown, against the Parties, including those arising out of or related in any way to the allegations, claims, and defenses that have been or could have been asserted in the McPheely or Xxxxxxx Complaints. For the purpose of implementing a full and complete release and discharge, the Parties expressly acknowledge that the releases provided in this Agreement are intended to include in their effect, without limitation, any and all claims, complaints, charges or suits, including those claims, complaints, charges or suits which they do not know or suspect to exist in their favor at the time of execution hereof, which if known or suspected, could materially affect the Parties’ decision to execute this Agreement. The Parties acknowledge that they have been advised by their respective legal counsel with respect to, and are familiar with, the provisions of California Civil Code Section 1542, which provides as follows:
Mutual Release of All Claims. Xxxxxxx and the Company agree that this Agreement constitutes a full and final settlement of any and all claims they may have against each other. Concurrently with the execution of this Agreement, the parties shall also execute the Mutual Release attached as Exhibit A in accordance with its terms, and this Agreement shall not take effect and be enforceable against either party until the period in which the Mutual Release may be revoked by Hurwtiz has expired in accordance with terms of the Mutual Release.
Mutual Release of All Claims. (a) As used in this Agreement, the term “
Mutual Release of All Claims. (a) By entering into this Restated Agreement, each Party hereby completely and fully releases and discharges the other Party from any and all claims, promises, causes of action, or similar rights of any type arising under or with respect to the Original Agreement and such other Party’s obligations thereunder, but only to the extent such claims, promises, causes of action, or similar rights arise out of facts or circumstances which the releasing Party knows or reasonably should know as of the Effective Date of this Restated Agreement (the “Released Claims”); provided, however, that the Released Claims shall not include any and all claims, cause of actions, or other rights arising out of or related to (i) a claim, investigation, or cause of action brought by any third party or government agency against a Party including, but not limited to, product liability claims; (ii) intentional misrepresentation or deception by a Party which is not known to the releasing Party as of the Effective Date of this Restated Agreement; or (iii) facts, circumstances, or actions occurring or otherwise arising after the Effective Date of this Restated Agreement. Each Party agrees (on behalf of itself, its affiliates and their officers, directors, agents, representatives, consultants and representatives) not to initiate any claim against the other Party for any losses or other harm (known or unknown) sustained or incurred by the releasing Party as a result of the Released Claims.
Mutual Release of All Claims. (a) Except as provided in this Agreement, Oblio, on behalf of itself, and its past, present and future affiliates, representatives, agents and assigns, hereby fully, finally and completely releases, and forever discharges and acquits Sprint and its past, present, and future successors, affiliates, representatives, executors, administrators, officers, directors, shareholders, partners, servants, attorneys, employees, agents, purchasers, assigns and insurers, of and from any and all past, present or potential rights, demands, claims, obligations, actions, causes of action, suits and controversies, demands, damages and expenses, in contract or in tort, at law or in equity, known or unknown, suspected or unsuspected, including all claims, asserted or unasserted, that Oblio has or may have against Sprint for negligence; gross negligence; negligence per se; recklessness; wanton disregard; misrepresentation; fraud; violation of any federal, state, or local statute or law; violation of any common law; out of pocket expenses; past and future loss of earnings or earning capacity; attorney’s fees; exemplary damages; breach of contract; breach of the duty of good faith and fair dealing; breach of warranty; breach of expressed contract; breach of implied contract; intentional and/or negligent misrepresentations; violation of the Texas Deceptive Trade Practices Act; violation of the Texas Insurance Code; violation of the Federal Communications Act; violation of any other federal, state, or local statute or law; and all other claims relating to the pending or current disputes and controversies between the parties arising from the Wholesale Agreement or the Distribution Agreement, including without limitation all claims alleged, or that could have been alleged, in the Lawsuit.
