Mutual Release of All Claims. In exchange for the consideration described in Section 2, Employee, for himself and on behalf of his heirs, estate, representatives, successors, assigns, and agents, hereby expressly and unconditionally releases and forever discharges Company and all other Released Parties from any and all claims arising at any time through the date of Employee’s execution of this Agreement, including, without limitation, all possible claims arising out of or in any way relating to Employee’s employment by Company, or the termination of that employment. (a) This general release of claims covers, without limitation: (i) any and all claims under any possible legal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreement), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy; (ii) any and all claims under any possible statutory theory, including, without limitation, the following statutes, as amended: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, the Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, Employee Retirement Income Security Act, the Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, the Fair Credit Reporting Act, Employee Polygraph Protection Act, the Georgia Fair Employment Practices Act, the Georgia Equal Pay Act, the Georgia Equal Employment for People with Disabilities Code, Retaliatory Employment Discrimination Act (“XXXX”), (iii) and any state, or local law, statute, ordinance, regulation or executive order prohibiting employment discrimination based on any legally protected characteristic, prohibiting retaliation for “whistleblowing” or any other legally protected activity, relating to leaves of absence, or otherwise governing Employee’s employment with, or separation of employment with, Company; (iv) any and all claims of any kind or nature that Employee had, has, or may have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and (v) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement. (b) This Agreement shall not waive, or be construed to waive: (i) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises after the date of Employee’s execution of this Agreement; (v) any claim related to the enforcement of this Agreement;; and (vi) any right or claim for indemnification of Employee for third party claims arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance with the terms of such documents, agreements and policies). (c) The Parties understand that nothing in this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or participating or cooperating in any investigation by any such federal, state or local administrative agency of such charge or reported violation of law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any other person or entity pursues a claim against Company or any of the other Released Parties based on any actions taken by them up to the date of Employee’s execution of this Agreement, and that Employee will have released Company and the other Released Parties of any and all claims described under this Section 4 arising up to the date of his execution of this Agreement. Nothing in this Section 4 shall prohibit Employee from making any disclosure in accordance with Section 7 including any disclosure to the U.S. Securities and Exchange Commission (“SEC”) pursuant to Section 21F-17(b) of the Securities and Exchange Act of 1934, as amended, or receiving an award from the SEC in connection therewith.
Appears in 1 contract
Mutual Release of All Claims. In exchange for consideration of the consideration described in Section 2Special Consideration, Employeeand to the fullest extent allowed by law, Xx. Xxxxxx, for himself and on behalf of himself, his spouse, heirs, estate, representatives, successors, successors and assigns, and agents, hereby expressly and unconditionally releases and forever discharges Company the Company, its successors, subsidiaries, affiliates, directors, officers, employees and all other representatives, and the Company’s benefit plans and fiduciaries (collectively, the “Company Released Parties Parties”), from any and all claims arising at any time through the date of Employee’s execution of this Agreementcharges, claims, suits and expenses (including attorneys’ fees and costs), whether known or unknown, including, without limitationbut not limited to, all possible claims arising out of or in any way relating to Employee’s employment by Company, or the termination of that employment.
(a) This general release of claims covers, without limitation:
(i) any and all claims under any possible legalthe Fair Labor Standards Act and the Wisconsin Wage Payment and Collection Law; federal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, state and local fair employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreementlaw(s), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy;
(ii) any and all claims under any possible statutory theory, including, without limitation, ; the following statutes, as amended: 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, Sections 1981 through 1988 of Title 42 of the United States Code, the Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, ; the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, ; the Age Discrimination in Employment Act, as amended; the Older Workers Benefits Benefit Protection Act of 1990; the Americans with Disabilities Act; the Pregnancy Discrimination Actstate or federal family and/or medical leave acts including, the Genetic Information Nondiscrimination Actbut 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, Employee Retirement Income Security Act, the Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, ; the Fair Credit Reporting Act; the Genetic Information Nondiscrimination Act; the Occupational Safety and Health Act; federal, Employee Polygraph Protection Actstate, and local whistleblower laws (to the Georgia Fair Employment Practices Actextent permitted by law); any laws that provide for the payment of attorneys’ fees, costs, expenses or punitive, exemplary or statutory damages; the Georgia Equal Pay Act, the Georgia Equal Employment for People with Disabilities Code, Retaliatory Employment Discrimination Act (“XXXX”),
(iii) common law of Wisconsin; and any stateother federal, state or local laws, ordinances, or local lawregulations of any kind, statutewhether statutory or decisional. This release also includes, ordinancebut is not limited to, regulation a release of any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy, infliction of emotional distress, or executive order prohibiting 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 Xx. Xxxxxx’x employment discrimination based on any legally protected characteristicwith the Company and his retirement from the Company, prohibiting retaliation for “whistleblowing” or any other legally protected activityprovided, relating to leaves of absencehowever, that nothing herein shall release, diminish, or otherwise governing Employee’s employment withaffect Xx. Xxxxxx’x Vested Benefits. Notwithstanding the foregoing, or separation of employment with, Company;
(iv) this release excludes any and all claims of any kind or nature that Employee had, has, or may have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and
(v) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement.
(b) This Agreement shall not waive, or be construed to waiveclaims: (ia) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises arising after the date of Employee’s execution of this Agreement; (vb) any claim related to the enforcement of this Agreement;; and (vi) any right or claim for indemnification of Employee for third party claims arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance with enforce the terms of such documents, this Agreement and/or the equity award agreements and policies).
applicable to Xx. Xxxxxx’x outstanding equity; (c) The Parties understand that nothing in for rights to indemnification (and advancement of expenses) or exculpation Xx. Xxxxxx may have pursuant to the Company’s or any affiliate’s Bylaws, Articles of Incorporation, this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congressapplicable laws, or to be covered under any agency Inspector General, applicable directors’ and officers’ liability insurance policies; or participating or cooperating in any investigation (d) which cannot be released by any such federal, state or local administrative agency of such charge or reported violation of applicable law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any other person or entity pursues a claim against Company or any of the other Released Parties based on any actions taken by them up to the date of Employee’s execution of this Agreement, and that Employee will have released Company and the other Released Parties of any and all claims described under this Section 4 arising up to the date of his execution of this Agreement. Nothing in this Section 4 shall prohibit Employee from making any disclosure in accordance with Section 7 including any disclosure to the U.S. Securities and Exchange Commission (“SEC”) pursuant to Section 21F-17(b) of the Securities and Exchange Act of 1934, as amended, or receiving an award from the SEC in connection therewith.
Appears in 1 contract
Samples: Complete and Permanent Release and Retirement Agreement (Brady Corp)
Mutual Release of All Claims. In exchange for consideration of the consideration benefits described in Section 23, Employeeand to the fullest extent allowed by law, Xx. Xxxxxxxx, for himself and on behalf of his herself, her spouse, heirs, estate, representatives, successors, successors and assigns, and agents, hereby expressly and unconditionally releases and forever discharges Company 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 Parties”), from any and all claims arising at any time through the date of Employee’s execution of this Agreementcharges, claims, suits and expenses (including attorneys’ fees and costs), whether known or unknown, including, without limitationbut not limited to, all possible claims arising out of or in any way relating to Employee’s employment by Company, or the termination of that employment.
(a) This general release of claims covers, without limitation:
(i) any and all claims under any possible legalthe Fair Labor Standards Act and the Wisconsin Wage Payment and Collection Law; federal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, state and local fair employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreementlaw(s), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy;
(ii) any and all claims under any possible statutory theory, including, without limitation, ; the following statutes, as amended: 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, Sections 1981 through 1988 of Title 42 of the United States Code, the Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, ; the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, ; the Age Discrimination in Employment Act, as amended; the Older Workers Benefits Benefit Protection Act of 1990; the Americans with Disabilities Act; the Pregnancy Discrimination Actstate or federal family and/or medical leave acts including, the Genetic Information Nondiscrimination Actbut 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, Employee Retirement Income Security Act, the Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, ; the Fair Credit Reporting Act; the Genetic Information Nondiscrimination Act; the Occupational Safety and Health Act; federal, Employee Polygraph Protection Actstate, and local whistleblower laws (to the Georgia Fair Employment Practices Actextent permitted by law); any laws that provide for the payment of attorneys’ fees, costs, expenses or punitive, exemplary or statutory damages; the Georgia Equal Pay Act, the Georgia Equal Employment for People with Disabilities Code, Retaliatory Employment Discrimination Act (“XXXX”),
(iii) common law of Wisconsin; and any stateother federal, state or local laws, ordinances, or local lawregulations of any kind, statutewhether statutory or decisional. This release also includes, ordinancebut is not limited to, regulation a release of any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy, infliction of emotional distress, or executive order prohibiting 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 Xx. Xxxxxxxx’x employment discrimination based on any legally protected characteristicwith the Company and her resignation from the Company, prohibiting retaliation for “whistleblowing” or any other legally protected activityprovided, relating to leaves of absencehowever, that nothing herein shall release, diminish, or otherwise governing Employee’s employment withaffect Xx. Xxxxxxxx’x Vested Benefits. Notwithstanding the foregoing, or separation of employment with, Company;
(iv) this release excludes any and all claims of any kind or nature that Employee had, has, or may have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and
(v) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement.
(b) This Agreement shall not waive, or be construed to waiveclaims: (ia) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises arising after the date of Employee’s execution of this Agreement; (vb) any claim related to enforce the enforcement terms of this Agreement;; and or (vic) for rights to indemnification Xx. Xxxxxxxx may have pursuant to the Company’s Bylaws, Articles of Incorporation or applicable laws. Xx. Xxxxxxxx further agrees not to file, pursue or participate in any right or claim for indemnification lawsuits against any of Employee for third party claims the Released Parties with respect to any matter arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance in connection with Xx. Xxxxxxxx’x employment with the terms of such documents, agreements and policies).
(c) The Parties understand that nothing in this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or participating or cooperating in any investigation by any such federal, state or local administrative agency of such charge or reported violation of law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any employment (other person or entity pursues than pursuing a claim against Company or for any Unemployment Compensation benefits to which Xx. Xxxxxxxx may be entitled). The Company, on behalf of its owners, parents, successors, subsidiaries, affiliates, directors, officers, employees and all other representatives, hereby releases and forever discharges Xx. Xxxxxxxx from any and all charges, claims, suits and expenses (including attorneys’ fees and costs) within the actual knowledge of the other Released Parties based on any actions taken by them Board of Directors as of the date hereof which it ever had or may presently have against Xx. Xxxxxxxx from the beginning of time up to and including the date of Employee’s execution of this Agreement, and that Employee will have released Company and the other Released Parties of any and all claims described under this Section 4 arising up to the date of his Xx. Xxxxxxxx’x execution of this Agreement. Nothing in Notwithstanding the foregoing, this Section 4 shall prohibit Employee from making release excludes any disclosure in accordance with Section 7 including claims: (a) arising after the execution of this Agreement; (b) to enforce the terms of this Agreement; or (c) to enforce any disclosure to the U.S. Securities and Exchange Commission (“SEC”) pursuant to Section 21F-17(b) of the Securities and Exchange Act Company’s rights under any Company clawback policy in effect as of 1934, as amended, or receiving an award from the SEC in connection therewithdate hereof.
Appears in 1 contract
Mutual Release of All Claims. In exchange for consideration of the consideration described in Section 2Additional Benefits, and to the fullest extent allowed by law, Employee, for himself and on behalf of his Employee, Employee’s spouse, heirs, estate, representatives, successors, successors and assigns, and agents, hereby expressly and unconditionally releases and forever discharges Company 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 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 at 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, however, that nothing herein shall release, diminish, or otherwise affect Employee’s Vested Benefits. Notwithstanding the foregoing, this release excludes any claims: (a) arising after the execution of this Agreement; (b) to enforce the terms of this Agreement; or (c) for rights to indemnification Employee may have pursuant to the Company’s Bylaws, Articles of Incorporation or applicable laws. Employee further agrees not to file, pursue or participate in any lawsuits against any of the Released Parties with respect to any matter arising out of or in connection with Employee’s employment with the Company or the termination of that employment (other than pursuing a claim for any Unemployment Compensation benefits to which Employee may be entitled). The Company, on behalf of its owners, parents, successors, subsidiaries, affiliates, directors, officers, employees and all other representatives, hereby releases and forever discharges Employee from any and all charges, claims, suits and expenses (including attorneys’ fees and costs) within the actual knowledge of the Board of Directors as of the date hereof which it ever had or may presently have against Employee from the beginning of time through up to and including the date of Employee’s execution of this Agreement. Notwithstanding the foregoing, including, without limitation, all possible claims arising out of or in this release excludes any way relating to Employee’s employment by Company, or the termination of that employment.
claims: (a) This general release of claims covers, without limitation:
(i) any and all claims under any possible legal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreement), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy;
(ii) any and all claims under any possible statutory theory, including, without limitation, the following statutes, as amended: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, the Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, Employee Retirement Income Security Act, the Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, the Fair Credit Reporting Act, Employee Polygraph Protection Act, the Georgia Fair Employment Practices Act, the Georgia Equal Pay Act, the Georgia Equal Employment for People with Disabilities Code, Retaliatory Employment Discrimination Act (“XXXX”),
(iii) and any state, or local law, statute, ordinance, regulation or executive order prohibiting employment discrimination based on any legally protected characteristic, prohibiting retaliation for “whistleblowing” or any other legally protected activity, relating to leaves of absence, or otherwise governing Employee’s employment with, or separation of employment with, Company;
(iv) any and all claims of any kind or nature that Employee had, has, or may have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and
(v) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement.
(b) This Agreement shall not waive, or be construed to waive: (i) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises after the date of Employee’s execution of this Agreement; (vb) any claim related to enforce the enforcement terms of this Agreement;; and (vi) any right or claim for indemnification of Employee for third party claims arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance with the terms of such documents, agreements and policies).
(c) The Parties understand that nothing in this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or participating or cooperating in any investigation by any such federal, state or local administrative agency of such charge or reported violation of law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any other person or entity pursues a claim against Company or enforce any of the other Released Parties based on Company’s rights under any actions taken by them up Company clawback policy in effect as of the date hereof or that becomes applicable to Employee hereafter to the date of Employee’s execution of this Agreement, and that Employee will have released Company and extent required by law or the other Released Parties of any and all claims described under this Section 4 arising up to the date of his execution of this Agreement. Nothing in this Section 4 shall prohibit Employee from making any disclosure in accordance with Section 7 including any disclosure to the U.S. Securities and Exchange Commission (“SEC”) pursuant to Section 21F-17(b) listing standards of the Securities and Exchange Act of 1934, as amended, or receiving an award from exchange on which the SEC in connection therewithCompany’s shares are listed.
Appears in 1 contract
Samples: Complete and Permanent Release and Resignation Agreement (Brady Corp)