Common use of Release and Covenant Clause in Contracts

Release and Covenant. Executive, of his own free will, voluntarily releases and forever discharges the Company, its subsidiaries, affiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with the Company) from, and covenants not to sue xx proceed against any of the foregoing on the basis of, any and all past or present causes of action, suits, agreements or other claims which Executive, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against the Company upon or by reason of any matter arising out of his employment by 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 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 the Company. This release shall not, however, constitute a waiver of any of the Executive's rights upon termination of employment under (i) the Severance Agreement, (ii) any indemnification agreement referred to in Section 13 of the Severance Agreement, (iii) any employment agreement between the Executive and the Company or any affiliate, or (iv) the terms of any employee benefit plan of the Company or any affiliate in which the Executive is participating.

Appears in 1 contract

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

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Release and Covenant. Executive, of his own free will, voluntarily releases and forever discharges the Company, its subsidiaries, affiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with the Company) from, and covenants not to sue xx proceed against any of the foregoing on the basis of, any and all past or present causes of action, suits, agreements or other claims which Executive, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against the Company upon or by reason of any matter arising out of his employment by 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 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 the Company. This release shall not, however, constitute a waiver of any of the Executive's rights upon termination of employment under (i) the Severance Agreement, (ii) any indemnification agreement referred to in Section 13 of the Severance Agreement, or (iii) any employment agreement between the Executive and the Company or any affiliate, or (iv) the terms of any employee benefit plan of the Company or any affiliate in which the Executive is participating.

Appears in 1 contract

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

Release and Covenant. The Executive, of his own free will, voluntarily releases and forever discharges the Company, its subsidiaries, affiliatesAffiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with the Company) from, and covenants not to sue xx xxx or proceed against any of the foregoing on the basis of, any and all past or present causes of action, suits, agreements or other claims which the Executive, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against the Company upon or by reason of any matter arising out of his employment by 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 the Company. This release shall not, however, constitute a waiver of any of the Executive's ’s rights upon termination of employment or claims under (i) the Severance this Separation Agreement, (ii) any indemnification agreement referred to in Section 13 of the Severance Agreement, (iii) any employment agreement between the Executive and the Company or any affiliate, or (iv) the terms of any employee benefit plan of the Company or any affiliate in which the Executive is participatingparticipating or (iii) the policies of the Company with regard to business expense reimbursement.

Appears in 1 contract

Samples: Separation Agreement (Marlin Business Services Corp)

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Release and Covenant. Executive, of his own free will, voluntarily releases and forever discharges the Company, its subsidiaries, affiliates, their officers, employees, agents, stockholders, successors and assigns (both individually and in their official capacities with the Company) from, and covenants not to sue xx proceed against any of the foregoing on the basis of, any and all past or present causes of action, suits, agreements or other claims which Executive, his dependents, relatives, heirs, executors, administrators, successors and assigns has or have against the Company upon or by reason of any matter arising out of his employment by 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 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 the Company. This release shall not, however, constitute a waiver of any of the Executive's rights upon termination of employment under (i) the Severance Employment Agreement, (ii) any indemnification agreement or other rights to indemnification or insurance referred to in Section 13 16 of the Severance Employment Agreement, (iii) any employment severance agreement between the Executive and the Company or any affiliate, affiliate or (iv) the terms of any employee benefit plan of the Company or any affiliate in which the Executive is participating.

Appears in 1 contract

Samples: Employment Agreement (Promus Hotel Corp/De/)

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