Common use of Release and Covenant Not to Xxx Clause in Contracts

Release and Covenant Not to Xxx. (a) The Executive hereby fully and forever releases and discharges the Company (including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2, its parents, affiliates and subsidiaries) and that he has not assigned any claim against the Company or any affiliate to any other person or entity. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment or provision of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (iv) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and between Executive and the Company dated June 16, 2001.

Release and Covenant Not to Xxx. (a) 2.1. The Executive hereby fully and forever releases and discharges the Company (including Company, and all predecessors and successors, assigns, stockholders, affiliates, officers, directors, trustees, employees, agents and attorneys, past and presentpresent (the Company and each such person or entity is referred to as a “Released Person”) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's ’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) 2.2. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2, its parents, affiliates and subsidiaries) a Released Person and that he has not assigned any claim against the Company or any affiliate to any other person or entitya Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's ’s employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) 2.3. The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment Release or provision Sections 6.1 or 9 of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (iv) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and between Executive and the Company dated June 16, 2001.

Release and Covenant Not to Xxx. (a) The Executive Employee hereby fully and forever releases and discharges the Company (and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present) , from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's his or her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § ss. 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) The Executive . Employee expressly represents that he or she has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2or any Affiliate, its parents, affiliates and subsidiaries) and that he or she has not assigned any claim against the Company or any affiliate Affiliate to any other person or entity. The Executive Employee further promises not to initiate a lawsuit or to bring any other claim against the other Company or any Affiliate arising out of or in any way related to the Executive's his or her employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) The foregoing forgoing will not be deemed to release the Company from (ia) claims solely to enforce this Release, (iib) claims solely to enforce payment or provision Sections 2 [and 3] of the Severance Benefits and other amounts payable but not yet paid under the Employment Retention Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (ivc) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and under any indemnification agreement between Executive and the Company dated June 16, 2001and Employee or under any similar agreement.

Release and Covenant Not to Xxx. (a) 2.1. The Executive hereby fully and forever releases and discharges the Company (including Company, and all predecessors and successors, assigns, stockholders, affiliates, officers, directors, trustees, employees, agents and attorneys, past and presentpresent (the Company and each such person or entity is referred to as a “Released Person”) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's ’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) 2.2. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2, its parents, affiliates and subsidiaries) a Released Person and that he has not assigned any claim against the Company or any affiliate to any other person or entitya Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's ’s employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) 2.3. The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment Release or provision Section 7.1 of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (iv) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and between Executive and the Company dated June 16, 2001.

Release and Covenant Not to Xxx. (a) The Executive Employee hereby fully and forever releases and discharges the Company (and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present) , from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) . The Executive Employee expressly represents that he she has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.22, its parents, affiliates and subsidiaries) ), and that he she has not assigned any claim against the Company (or any affiliate its parents, affiliates and subsidiaries) to any other person or entity. The Executive Employee further promises not to initiate a lawsuit or to bring any other claim against the other Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to the Executive's her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section[s] [2] [3] [and 4] of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Executive Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment or provision of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (iv) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and between Executive and the Company dated June 16, 2001.

Release and Covenant Not to Xxx. (a) 2.1 The Executive hereby fully and forever releases and discharges the Company (including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's ’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2, its parents, affiliates and subsidiaries) and that he has not assigned any claim against the Company or any affiliate to any other person or entity. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's ’s employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) 2.3 The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment or provision Section [10][11] of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, or (iv) claims for indemnification under the Company's ’s By-Laws, or (v) claims to enforce under any indemnification agreement between the terms of that certain Note and Pledge Agreement by and between Executive Company and the Company dated June 16, 2001Executive or under any similar agreement.

Release and Covenant Not to Xxx. (a) 2.1. The Executive hereby fully and forever releases and discharges the Company (including Company, and all predecessors and successors, assigns, stockholders, affiliates, officers, directors, trustees, employees, agents and attorneys, past and presentpresent (the Company and each such person or entity is referred to as a “Released Person”) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's ’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) 2.2. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.2, its parents, affiliates and subsidiaries) a Released Person and that he has not assigned any claim against the Company or any affiliate to any other person or entitya Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's ’s employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) 2.3. The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment Release or provision Section 7.1 of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, (iv) claims for indemnification under the Company's By-Laws, or (v) claims to enforce the terms of that certain Note and Pledge Agreement by and between Executive and the Company dated June 16, 2001.

Release and Covenant Not to Xxx. (a) 2.1. The Executive hereby fully and forever releases and discharges the Company (including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of the Executive's ’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. (b) 2.2. The Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against the Company (including for purposes of this Section 2.22(b), its parents, affiliates and subsidiaries) and that he has not assigned any claim against the Company or any affiliate to any other person or entity. The Executive further promises not to initiate a lawsuit or to bring any other claim against the other arising out of or in any way related to the Executive's ’s employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. (c) 2.3. The foregoing will not be deemed to release the Company from (i) claims solely to enforce this Release, (ii) claims solely to enforce payment or provision Section [10][11] of the Severance Benefits and other amounts payable but not yet paid under the Employment Agreement, or (iii) claims solely to enforce the terms of any equity incentive award agreement between the Executive and the Company, or (iv) claims for indemnification under the Company's ’s By-Laws, or (v) claims to enforce under any indemnification agreement between the terms of that certain Note and Pledge Agreement by and between Executive Company and the Company dated June 16, 2001Executive or under any similar agreement.