Release and Covenant. (a) The Executive (for himself, his heirs, assigns or executors) releases and forever discharges the Company, any of its affiliates, and its and their directors, officers, agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this Release becomes effective and enforceable (“Claims”), of any kind, which relate in any way to the Executive’s employment with the Company or the termination of that employment. Such released Claims include, without in any way limiting the generality of the foregoing language, any and all Claims arising under (i) any exception to the employment-at-will doctrine, including any common law theory sounding in tort, contract or public policy, (ii) the provisions of the Fair Labor Standards Act, as amended, the Federal Equal Pay Act, or any state or local wage and hour law or ordinance, (iii) the National Labor Relations Act, as amended, or the Employee Retirement Income Security Act of 1974, as amended, (iv) Title VII (or any other title) of the Civil Rights Act of 1964, as amended (including all claims of sex, race, national origin and religious discrimination), the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, as amended, the Illinois Human Rights Act or the Xxxx County Human Rights Ordinance and (v) any other federal, state, or local statute, law, regulation, ordinance or doctrine of common law or public policy, contract or tort law having any bearing whatsoever in the terms and conditions of employment or termination of employment. This Release shall not, however, constitute a waiver of any of the Executive’s rights under the Severance Agreement. The Executive acknowledges that, in his decision to enter into this Release, he has not relied on any representations, promises or agreements of any kind, including oral statements by representatives of the Company, except as set forth in this Release.
Appears in 3 contracts
Samples: Severance and Change in Control Agreement (Material Sciences Corp), Severance and Change in Control Agreement (Material Sciences Corp), Severance and Change in Control Agreement (Material Sciences Corp)
Release and Covenant. (a) The Executive (for himself, his heirs, assigns or executors) releases and forever discharges the Company, any of its affiliates, and its and their directors, officers, agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this Release becomes effective and enforceable (“Claims”), of any kind, which relate in any way to the Executive’s employment with the Company or the termination of that employmentemployment (the “Claims”). Such released Claims include, without in any way limiting the generality of the foregoing language, any and all Claims arising under (i) any exception to the employment-at-will doctrine, including any common law theory sounding in tort, contract or public policy, (ii) the provisions of the Fair Labor Standards Act, as amended, (iii) the Federal Equal Pay Act, or any state or local wage and hour law or ordinance, (iiiiv) the National Labor Relations Act, as amended, or (v) the Employee Retirement Income Security Act of 1974, as amended, (ivvi) Title VII (or any other title) of the Civil Rights Act of 1964, as amended (including all claims of sex, race, national origin and religious discrimination)amended, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, as amended, the Illinois Human Rights Act or Act, the Xxxx County Human Rights Ordinance or any other federal, state or local law or ordinance prohibiting discrimination in employment on any basis, and (vvii) any other federal, state, or local statute, law, regulation, ordinance or doctrine of common law or public policy, contract or tort law having any bearing whatsoever in on the terms and conditions of employment or termination of employment. This Release shall not, however, constitute a waiver of any of the Executive’s rights under the Severance Agreement. The Executive acknowledges that, in his decision deciding to enter into this Release, he Executive has not relied on any representations, promises or agreements of any kind, including oral statements by representatives of the Company, except as set forth in this Release.
Appears in 2 contracts
Samples: Severance and Change in Control Agreement (Material Sciences Corp), Severance and Change in Control Agreement (Material Sciences Corp)