Common use of Release and Covenant Clause in Contracts

Release and Covenant. Employee, of his own free will, voluntarily releases and forever discharges Employer, its subsidiaries, affiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with Employer) from, and covenants not to sue or proceed against any of the foregoing on the basis of, any and xxx past or present causes of action, suits, agreements or other claims which Employee, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against Employer upon or by reason of any matter arising out of his employment by Employer and the cessation of said employment, and including, but not limited to, any alleged violation of the Civil Rights Acts of 1964 and 1991, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Older Workers Benefit Protection Act of 1990, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and any other federal or state law, regulation or ordinance, or public policy, contract or tort law, having any bearing whatsoever on the terms and conditions or cessation of his employment with Employer. This release shall not, however, constitute a waiver of any of Employee's rights upon termination of employment under (i) Sections 7 and 8 of the Employment Agreement, (ii) the terms of any employee benefit plan of Employer in which Employee is participating or (iii) the policies of Employer with regard to business expense reimbursement.

Appears in 3 contracts

Samples: Employment Agreement (Marlin Business Services Inc), Employment Agreement (Marlin Business Services Inc), Employment Agreement (Marlin Business Services Inc)

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Release and Covenant. Employee, of his own free will, voluntarily releases and forever discharges Employerthe Company, its subsidiaries, affiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with Employerthe Company) from, and covenants not to sue or xx proceed against any of the foregoing on the basis of, any and xxx all past or present causes of action, suits, agreements or other claims which Employee, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against Employer the Company upon or by reason of any matter arising out of his employment by Employer the Company and the cessation of said employment, and including, but not limited to, any alleged violation of the Civil Rights Acts of 1964 and 1991, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Older Workers Benefit Protection Act of 1990, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and any other federal or state law, regulation or ordinance, or public policy, contract or tort law, having any bearing whatsoever on the terms and conditions or cessation of his employment with Employerthe Company. This release shall not, however, constitute a waiver of any of the Employee's rights upon termination of employment under (i) Sections 7 and 8 of the Employment Severance Agreement, (ii) any indemnification agreement referred to in Section 13 of the Severance Agreement, or (iii) the terms of any employee benefit plan of Employer the Company in which the Employee is participating or (iii) the policies of Employer with regard to business expense reimbursementparticipating.

Appears in 1 contract

Samples: Merger Severance Agreement (Promus Hotel Corp/De/)

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