Common use of Mutual Waiver and Release of Claims Clause in Contracts

Mutual Waiver and Release of Claims. In exchange for this Agreement and in consideration of the Severance Payment provided by Paragraph 4 above, which is in addition to anything of value to which the Employee already is entitled, the Employee hereby irrevocably and unconditionally releases and forever discharges the Company and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with any of them, from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Employee at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement, including but not limited to any and all such claims arising out of, related to, or in any manner incidental to the Employee’s employment with the Company or his separation from employment. Similarly, in consideration of the rights and obligations created by this Agreement, the Company, and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with the Company, hereby irrevocably and unconditionally release and forever discharge the Employee and his heirs, successors, and assigns from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Company at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement.

Mutual Waiver and Release of Claims. In exchange for this Agreement and in consideration of the Severance Payment payments and other benefit provided by Paragraph 4 abovein the Transition Agreement, which is in addition to anything of value to which the Employee already is entitled, the Employee hereby irrevocably and unconditionally releases and forever discharges the Company and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with any of them, from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature Evergreen Energy Inc. │ 0000 Xxxxxxxxxxx Xxxxxx │ Suite 1300 │ Xxxxxx, Xxxxxxxx 00000 │ Tel: (000) 000-0000 │ Fax: (000) 000-0000 whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Employee at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement, including but not limited to any and all such claims arising out of, related to, or in any manner incidental to the Employee’s employment with the Company or his separation from employment. Similarly, in consideration of the rights and obligations created by this Agreement, the Company, and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with the Company, hereby irrevocably and unconditionally release and forever discharge the Employee and his heirs, successors, and assigns from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Company at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement.

Mutual Waiver and Release of Claims. In exchange return for the benefits received and conferred by this Agreement and in consideration of the Severance Payment provided by Paragraph 4 above, which is in addition to anything of value to which the Employee already is entitledAgreement, the Employee Employee, on behalf of himself/herself and his/her marital community, heirs, executors, administrators and assigns, hereby irrevocably and unconditionally releases in full, and forever discharges the Company discharges, acquits, and holds harmless, Onvia, including any of Onvia's past or present parent, subsidiary or otherwise affiliated corporations, partnerships, or other business enterprises, and all of its officersor their past or present affiliates, membersrelated entities, agentspartners, subsidiaries, insurers, predecessors, successors, assigns, directors, officers, shareholders, supervisorsattorneys, employeesaccountants, representatives, affiliates, agents and their successors and assigns, and all employees (these entities/persons acting by, through, under, or in concert together with any of themOnvia are collectively referred to as "Associated Persons"), from any and all chargesclaims, complaintsdisputes, suits, demands, damages, costs, expenses, causes of action, actionliabilities, rightsdamages, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Employee at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement, expenses (including but not limited to any attorneys' fees and all such claims arising out ofcosts), related to, or in any manner incidental to the Employee’s employment with the Company or his separation from employment. Similarly, in consideration of the rights and obligations created by this Agreementof every nature, the Companycharacter and kind (collectively "Claims"), and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with the Company, hereby irrevocably and unconditionally release and forever discharge the Employee and his heirs, successors, and assigns from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, whether known or unknown, suspected which may now exist or unsuspectedhereafter may be discovered, certain specifically including without limitation any and all Claims arising from or contingentrelating to the Employee's employment with Onvia or his/her provision of services to Onvia, which or the Company at Separation of such employment or services, except for any time had Claim for payment or claimed performance pursuant to have regarding events that occurred up to and including the Effective Date terms of this Agreement. This release includes, but is not limited to, any Claims that the Employee might have for reemployment or for additional compensation, including without limitation any claim for any past, current or future wages, bonuses, commission payments, sick leave pay out or benefits and applies to claims for damages or other personal remedy that he/she might have under federal, state, county, city, municipal, and/or local law dealing with employment, contract, wage and hour, or civil rights matters, including, by way of example and not limitation, applicable civil rights laws, Title VII of the Civil Rights Act of 1965, the Post-War Civil Rights Act of 1964, the Post-War Civil Rights Acts (42 USC Sections 1981-1988), the Age Discrimination in Employment Act (as amended by the Older Workers Benefit Protection Act), the Americans with Disabilities Act, the Family and Medical Leave Act, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, Executive Order 11246, the Worker Adjustment and Retraining Notification Act, Washington's Law Against Discrimination, Chapter 49.60 RCW, and Washington's Minimum Wage Act, Chapter 49.46 RCW, and any regulations under such laws. This release also includes, but is not limited to, any Claims that the Employee might have for wrongful discharge of employment, breach of express or implied contract, breach of a covenant of good faith and fair dealing, both express and implied, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, and defamation. This release shall not affect any reimbursement rights the Employee may have under any medical insurance or any accrued rights under any retirement savings plan. This waiver and release specifically excludes any unemployment compensation claims the Employee may choose to file. THE EMPLOYEE ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE HE/SHE IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, THAT HE/SHE MAY HAVE AGAINST ONVIA, AND THE OTHER PERSONS NAMED ABOVE, EXCEPT FOR THE RIGHTS SPECIFICALLY EXCLUDED ABOVE.

Mutual Waiver and Release of Claims. In exchange for this Agreement and in consideration of the Severance Payment provided by Paragraph 4 above, which is in addition to anything of value to which the Employee already is entitled, the Employee hereby irrevocably and and, unconditionally releases and forever discharges the Company and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with any of them, from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Employee at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement, including but not limited to any and all such claims arising out of, related to, or in any manner incidental to the Employee’s employment with the Company or his separation from employment. Notwithstanding the foregoing, the Company expressly agrees that the release of claims set forth in this paragraph shall not apply to or limit in any way the indemnification rights of the Employee as set forth in Paragraph 14 below. Similarly, in consideration of the rights and obligations created by this Agreement, the Company, and its officers, members, agents, directors, shareholders, supervisors, employees, representatives, affiliates, and their successors and assigns, and all persons acting by, through, under, or in concert with the Company, hereby irrevocably and unconditionally release and forever discharge the Employee and his heirs, successors, and assigns from any and all charges, complaints, demands, damages, costs, expenses, causes of action, action, rights, benefits, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, certain or contingent, which the Company at any time had or claimed to have regarding events that occurred up to and including the Effective Date of this Agreement.