Common use of Mutual Release of All Claims Clause in Contracts

Mutual Release of All Claims. (a) Xxxxxxx agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action or demands of whatever kind which Xxxxxxx has or may have against Company, its subsidiaries, affiliates, predecessors, assigns and successors and all its past and present directors, officers and employees by reason of any event, matter, cause or thing which has occurred or which may occur before the date of the ending of employment as stated in section 2. Xxxxxxx understands and accepts that this Agreement specifically covers, but is not limited to, any and all Claims which Xxxxxxx has or may have against Company relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether for severance or based on statutory or common law claims for employment discrimination (including age discrimination), wrongful discharge, breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Xxxxxxx does not waive any rights to which Xxxxxxx may be entitled to seek to enforce this Agreement, or to seek indemnification from the Company with respect to liability incurred by Xxxxxxx as an officer of Company or with respect to any claim released in section 9(c) or (d). (b) Xxxxxxx acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (c) Company agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action or demands of whatever kind which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx and his successors, estate, administrators or heirs by reason of any event, matter, cause or thing which has occurred or which may occur before the ending of the employment under section 2. Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees understand and accept that this Agreement specifically covers, but is not limited to, any and all Claims which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether based on statutory or common law claims for breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees does not waive any rights to which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees may be entitled to seek to enforce this Agreement, or the Confidentiality Agreement attached as Exhibit A, or to seek indemnification from appropriate insurers with respect to liability incurred due to action by Xxxxxxx as an officer of the Company. (d) Company acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (e) Xxxxxxx and Company agree to restate all releases in section 9 as necessary or required by law specifically on the date of the end of duration of the employment agreement specified in section 2.

Mutual Release of All Claims. The PARTIES unconditionally, irrevocably and absolutely release and discharge each other as well as any other present or former employees, officers, agents, attorneys, affiliates, successors, assigns and all other representatives of the PARTIES (a) Xxxxxxx agrees to and does fully and completely releasecollectively, discharge and waive “RELEASED PARTIES”), from any and all claims, complaints, causes of action or action, judgments, liens, indebtedness, damages, losses, claims (including attorneys’ fees and costs), liabilities and demands of whatever whatsoever kind which Xxxxxxx has and character that the PARTIES may now or may hereafter have against Company, its subsidiaries, affiliates, predecessors, assigns and successors and all its past and present directors, officers and employees by reason of any event, matter, cause the RELEASED PARTIES arising from incidents or thing which has occurred events occurring on or which may occur before the date EFFECTIVE DATE of this AGREEMENT, and these claims shall collectively be referred to hereafter as “RELEASED CLAIMS.” To the ending of employment as stated in section 2. Xxxxxxx understands extent permitted by law, this release is intended to be interpreted broadly to apply to all transactions and accepts that this Agreement specifically coversoccurrences among the RELEASED PARTIES, including but is not limited to, to any and all Claims which Xxxxxxx has claims related to XXXXXXXXX’x employment with CITY, including the employment conditions with the CITY, and all other losses, liabilities, claims, charges, demands and causes of action, known or may have against Company relating unknown, suspected or unsuspected, arising directly or indirectly out of or in any way to Xxxxxxx' employment connected with Company the ACTION and/or these transactions or to compensationoccurrences. RELEASED CLAIMS include, or to without limitation, any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to claims under the ending of such employment, whether for severance or based on statutory or common law claims for employment discrimination (including age discrimination), wrongful discharge, breach laws of contract or tort, the common law, the state or federal Constitution, any other theorystate or federal statutes (including, whether legal without limitation, the California Fair Employment and Housing Act, the California Civil Code, the California Government Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act), any policy of DEFENDANTS, or equitableany collective bargaining agreement. RELEASED CLAIMS include all claims for physical injuries, illness, damage or death, and all claims for attorneys’ fees, costs, and expenses. Notwithstanding the foregoing, Xxxxxxx does RELEASED CLAIMS shall not waive include any rights other claims that cannot lawfully be waived or released by private agreement, including but not limited to which Xxxxxxx may be entitled to seek to enforce this Agreementclaims for workers’ compensation, or to seek indemnification from the Company with respect to liability incurred by Xxxxxxx as an officer of Company or with respect to any claim released in section 9(c) or (d). (b) Xxxxxxx acknowledges that this Release shall extend to unknownunemployment benefits, as well as known wage claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. claims under Labor Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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 debtor2802." (c) Company agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action or demands of whatever kind which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx and his successors, estate, administrators or heirs by reason of any event, matter, cause or thing which has occurred or which may occur before the ending of the employment under section 2. Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees understand and accept that this Agreement specifically covers, but is not limited to, any and all Claims which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether based on statutory or common law claims for breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees does not waive any rights to which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees may be entitled to seek to enforce this Agreement, or the Confidentiality Agreement attached as Exhibit A, or to seek indemnification from appropriate insurers with respect to liability incurred due to action by Xxxxxxx as an officer of the Company. (d) Company acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (e) Xxxxxxx and Company agree to restate all releases in section 9 as necessary or required by law specifically on the date of the end of duration of the employment agreement specified in section 2.

Mutual Release of All Claims. (a) Xxxxxxx agrees 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 does fully for the payments and completely releaseother promises by Iomega and Employee stated herein, discharge 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, complaintsactions, causes of action or demands of whatever kind which Xxxxxxx has or may have against Companyaction, its subsidiariesinjuries, affiliates, predecessors, assigns wages and successors and all its past and present directors, officers and employees by reason compensation and/or damages of any event, matter, cause or thing which has occurred or which may occur before the date of the ending of employment as stated in section 2. Xxxxxxx understands kind and accepts that this Agreement specifically covers, but is not limited to, any and all Claims which Xxxxxxx has or may have against Company relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether for severance or based on statutory or common law claims for employment discrimination (including age discrimination), wrongful discharge, breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Xxxxxxx does not waive any rights to which Xxxxxxx may be entitled to seek to enforce this Agreement, or to seek indemnification from the Company with respect to liability incurred by Xxxxxxx as an officer of Company or with respect to any claim released in section 9(c) or (d). (b) Xxxxxxx acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of lawcharacter, including, without limitation, Calall 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. Civ. Code § 1542This waiver and release includes but is not limited to a release of all wrongful termination claims, that purports to limit all claims under state and federal discrimination laws, including, but not limited to, the scope of a general release. Section 1542 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 expressly agree that it shall be effective as a bar to each and every claim, demand and cause of action the Employee has against Iomega and Iomega has against Employee, as of the date of this Agreement. In addition, if Employee is employed in California, Employee also expressly waives any and all rights and benefits conferred upon employees now or in the future under the terms of California Civil Code providessection 1542, which provides as follows: "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." (c) Company agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action or demands of whatever kind which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx and his successors, estate, administrators or heirs by reason of any event, matter, cause or thing which has occurred or which may occur before the ending of the employment under section 2. Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees understand and accept that this Agreement specifically covers, but is not limited to, any and all Claims which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether based on statutory or common law claims for breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees does not waive any rights to which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees may be entitled to seek to enforce this Agreement, or the Confidentiality Agreement attached as Exhibit A, or to seek indemnification from appropriate insurers with respect to liability incurred due to action by Xxxxxxx as an officer of the Company. (d) Company acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (e) Xxxxxxx and Company agree to restate all releases in section 9 as necessary or required by law specifically on the date of the end of duration of the employment agreement specified in section 2.

Mutual Release of All Claims. Executive, for himself and any person or representative claiming through him, releases and forever discharges the Company, its parent company, subsidiaries, and affiliated organizations, successors and assigns and its/their past and Table of Contents present directors, officers, Executives, agents, attorneys, benefit plans and plan administrators, sureties and insurers (acollectively “Releasees”) Xxxxxxx agrees from all claims, liabilities, demands, costs, attorney fees, causes of action and damages, including all consequential and incidental damages, whether known or unknown, arising from the beginning of time to the date of this Agreement, including without limitation those relating directly or indirectly to Executive’s employment with the Company and does fully all claims for personal injury, defamation, breach of contract, wrongful discharge, violation of due process or civil rights and completely releaseviolation of any federal, discharge state or local statute, law or ordinance and waive the common law, including without limitation violation of the Age Discrimination in Employment Act, and/or any federal, state or local law regarding discrimination. Executive further waives any right to monetary recovery should any administrative or governmental agency or any other person or entity pursue any claims on Executive’s behalf. Notwithstanding this Agreement, Company acknowledges that Executive is not releasing any claims concerning the performance of this Agreement, retirement and pension benefits, if any, which Executive is qualified and vested to receive, and benefits under COBRA if Executive so elects. Company further acknowledges that Executive is not releasing his rights of indemnification, if any, under the Company’s by-laws and/or directors and officers liability insurance under the terms of such by-laws and insurance. It is understood and agreed that except for the exceptions set forth in this Agreement, this is a full and final release in complete settlement of all claims and rights of every nature and kind whatsoever which Executive has or may have against the Company and other Releasees. Except as otherwise provided in this Agreement and for obligations set forth in this Agreement, the Company releases and forever discharges the Executive, his personal representatives, executors, heirs and assigns from and against any and all claims, complaintsliabilities, demands, costs, attorney fees, causes of action and damages, including all consequential and incidental damages, whether known or demands unknown, arising from the beginning of whatever kind which Xxxxxxx has or may have against Company, its subsidiaries, affiliates, predecessors, assigns and successors and all its past and present directors, officers and employees by reason of any event, matter, cause or thing which has occurred or which may occur before time to the date of this Agreement. Notwithstanding this Agreement, the ending of employment as stated in section 2. Xxxxxxx understands and accepts Executive acknowledges that this Agreement specifically covers, but the Company is not limited to, releasing the Executive from any and all Claims which Xxxxxxx has or may have against Company relating action (i) where he knowingly acted in any way to Xxxxxxx' employment with Company or to compensationbad faith, or to any other terms, conditions or circumstances of Xxxxxxx' employment with personally profit at the Company, service as an officer or role as a shareholder of Company’s expense, and to in a manner that was not in the ending best interests of such employment, whether for severance or based on statutory or common law claims for employment discrimination (including age discrimination), wrongful discharge, breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Xxxxxxx does not waive any rights to which Xxxxxxx may be entitled to seek to enforce this Agreement, or to seek indemnification from the Company with respect to liability incurred by Xxxxxxx as an officer of Company or with respect to any claim released in section 9(c) or (d)ii) if Executive had reasonable cause to believe that his conduct was unlawful. (b) Xxxxxxx acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (c) Company agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action or demands of whatever kind which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx and his successors, estate, administrators or heirs by reason of any event, matter, cause or thing which has occurred or which may occur before the ending of the employment under section 2. Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees understand and accept that this Agreement specifically covers, but is not limited to, any and all Claims which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees have or may have against Xxxxxxx relating in any way to Xxxxxxx' employment with Company or to compensation, or to any other terms, conditions or circumstances of Xxxxxxx' employment with Company, service as an officer or role as a shareholder of Company, and to the ending of such employment, whether based on statutory or common law claims for breach of contract or any other theory, whether legal or equitable. Notwithstanding the foregoing, Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees does not waive any rights to which Company its subsidiaries, affiliates, predecessors, assigns, and successors and all its past and present directors, officers and employees may be entitled to seek to enforce this Agreement, or the Confidentiality Agreement attached as Exhibit A, or to seek indemnification from appropriate insurers with respect to liability incurred due to action by Xxxxxxx as an officer of the Company. (d) Company acknowledges that this Release shall extend to unknown, as well as known claims, and hereby waives the application of any provision of law, including, without limitation, Cal. Civ. Code § 1542, that purports to limit the scope of a general release. Section 1542 of the California Civil Code provides: "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." (e) Xxxxxxx and Company agree to restate all releases in section 9 as necessary or required by law specifically on the date of the end of duration of the employment agreement specified in section 2.