Common use of Release and Covenants Clause in Contracts

Release and Covenants. a. In consideration of the benefits and payments provided and to be provided by the Company, you, on behalf of yourself, your spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the Company, and each of its subsidiaries, affiliates, their employees, successors, assigns, executors, trustees, directors, advisors, agents and representatives, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of action, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your relationship with the Company described in this agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Wisconsin Fair Employment Act, as amended), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You further covenant that you will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law. b. Notwithstanding the foregoing, this agreement does not waive rights, if any, you or your successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you or to your successors and assigns on claims arising out of, related to or asserted under or pursuant to, this agreement or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company or its subsidiaries or affiliates or in any applicable insurance policy carried by the Company or its affiliates for any matter which has arisen, arises, or may arise in the future in connection with your employment with the Employer.

Release and Covenants. a. (a) In consideration of the benefits and payments provided and to be provided by the Company, particularly the amounts provided to you pursuant to Section 3(f), you, on behalf of yourself, your spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the Company, and each of its subsidiaries, affiliates, their employees, successors, assigns, executors, trustees, directors, advisors, agents and representatives, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of action, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever related to your termination of your status as an employee, officer or director of the Company or any of its affiliates or termination thereof including, but not limited to, those arising out of the changes in the terms and conditions of your relationship with the Company described in this agreement and those arising under any labor, employment discrimination discrimination, (including, including without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of rights Act of 1964, as amended, and the Americans with Disabilities Act, the Wisconsin Fair Employment Act, as amended), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You further covenant that you will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by lawlaw and you further warrant and covenant that you have no knowledge of facts that would lead you to believe you have any other claim against Releasees. b. (b) Notwithstanding the foregoing, this letter agreement does not waive rights, if any, you or your successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you or to your successors and assigns on claims arising out of, related to or asserted under or pursuant to, this letter agreement or any indemnity agreement agreements or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws bylaws of the Company or its subsidiaries or affiliates or in any applicable insurance policy carried by the Company or its affiliates for any matter which has arisen, arises, arises or may arise in the future in connection with your employment with the EmployerCompany. (c) You hereby acknowledge that you have at least 21 days to review this letter agreement from the date you first receive it and you have been advised to review it with an attorney of your choice. You further understand that the 21 day review period ends when you sign this agreement. You also have 7 days after your signing of this agreement to revoke by so notifying the Company in writing. Any revocation by you under this subparagraph (c), however, is not effective with regard to Section 1 hereof and your termination of employment with the company shall remain in effect as set forth therein. You further acknowledge that you have carefully read this letter agreement, know and understand the contents of it and its binding legal effect. You sign the same of your own free will and act, and it is your intention that you be legally bound thereby. (d) You agree to keep this letter agreement confidential and not to reveal its contents to anyone other than your attorney, financial consultant, and immediate family members. The provisions of this subparagraph (d) shall not apply to any truthful statement required to be made by you in any legal proceeding or government or regulatory investigation, provided, however, that prior to making such statement you will give the Company reasonable notice and, to the extent you are legally entitled to do so, afford the Company the ability to seek a confidentiality order.

Release and Covenants. a. In consideration of the benefits and payments provided and to be provided by the Company, youEmployee, on behalf of yourselfhimself, your his spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the Company, Interstate Energy Corporation and each of its subsidiaries, subsidiaries and affiliates, their the employees, successors, assigns, executors, trustees, directors, advisors, agents and representativesrepresentatives of Interstate Energy Corporation and each subsidiary or affiliate, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of action, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your Employee's relationship with the Company described in this agreement Agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Wisconsin Fair Employment Act, as amendedapplicable State fair employment legislation), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You Employee further covenant covenants that you he will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you not participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law, and will not apply for employment with the Company at any time. Employee acknowledges that the considerations contained in this Agreement fully compensate him for the release provided in this Section. b. Notwithstanding the foregoing, this agreement Agreement does not waive rights, if any, you Employee or your his successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you Employee or to your Employee's successors and assigns on claims arising out of, related to or asserted under or pursuant to, this agreement Agreement or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company Interstate Energy Corporation, a Wisconsin corporation, or its subsidiaries or affiliates Interstate Power Company, a Delaware corporation, or in any applicable insurance policy carried by the Company or its affiliates for any matter which has arisen, arisesincluding the environmental investigation that the Company launched in April 1998 and related proceedings, or which arises or which may arise in the future in connection with your Employee's employment with the EmployerCompany. c. In accordance with the requirements of Title II of the Older Workers Benefit Protection Act (P. L. 101-433, 10/16/90), Employee hereby acknowledges that he has at least twenty-one (21) days to review this Agreement from the date he first received it and he has been advised to review it with an attorney of his choice. Employee further understands that the twenty-one (21) day review period ends when Employee signs this Agreement. Employee also has seven (7) days after signing this Agreement to revoke by so notifying the Company in writing. Any revocation by Employee under this Section 6(c), however, does not revoke the resignations provided under Section 1 and Employee's resignation from employment with the Company shall remain in effect as set forth therein. Employee further acknowledges that he has carefully read this Agreement, knows and understands the contents thereof and its binding legal effect. Employee signs the same of his own free will and act, and it is his intention that he be legally bound thereby. d. Employee agrees to keep this Agreement confidential and not to reveal its contents to anyone other than his attorney, financial consultant, immediate family members, and representatives of any governmental tax agency. The provisions of this Section 6(d) shall not apply to any truthful statement required to be made by Employee in any legal proceeding or government or regulatory investigation; provided, however, that prior to making such statement (other than to tax authorities), Employee will give the Company reasonable notice and, to the extent he is legally entitled to do so, afford the Company the ability to seek a confidentiality order.

Release and Covenants. a. (a) In consideration of the payments and benefits and payments provided and to be provided by hereunder, particularly the Companyadditional compensation described in paragraph 2, you, on behalf of yourself, your spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the CompanyJWA, and each of its subsidiaries, affiliates, their employees, successors, assigns, executors, trustees, directors, advisors, agents and representatives, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of actionactions, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your relationship with the Company described in this agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Americans with Disabilities Act, the Wisconsin Fair Employment Act, as amended), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You further covenant that you will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law. b. (b) Notwithstanding the foregoing, this letter agreement does not waive rights, if any, you or your successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you or to your successors and assigns on claims arising out of, related to or asserted under or pursuant to, this letter agreement or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company JWA or its subsidiaries or affiliates or in any applicable insurance policy carried by the Company JWA or its affiliates for any matter which has arisen, arises, arises or may arise in the future in connection with your employment with JWA. (c) You hereby acknowledge that you have at least twenty-one (21) days to review this letter agreement from the Employerdate you first receive it and you have been advised to review it with an attorney of your choice. You further understand that the twenty-one (21) day review period ends when you sign this agreement. You also have seven (7) days after your signing of this agreement to revoke by so notifying JWA in writing. Any revocation by you under this paragraph 7(c), however, is not effective with regard to paragraph 1 hereof and your termination of employment with JWA shall remain in effect as set forth therein. You further acknowledge that you have carefully read this letter agreement, know and understand the contents thereof and its binding legal effect. You sign the same of your own free will and act, and it is your intention that you be legally bound thereby. (d) You agree to keep this letter agreement confidential and not to reveal its contents to anyone other than your attorney, financial consultant, and immediate family members. The provisions of this paragraph 7(d) shall not apply to any truthful statement required to be made by you in any legal proceeding or government or regulatory investigation, provided, however, that prior to making such statement you will give JWA reasonable notice and, to the extent you are legally entitled to do so, afford JWA the ability to seek a confidentiality order.

Release and Covenants. a. In consideration of the benefits and payments provided and to be provided by the Company, youOfficer, on behalf of yourselfhimself, your his spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the Company, Interstate Energy Corporation and each of its subsidiaries, subsidiaries and affiliates, their the employees, successors, assigns, executors, trustees, directors, advisors, agents and representativesrepresentatives of Interstate Energy Corporation and each subsidiary or affiliate, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of action, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your Officer's relationship with the Company described in this agreement Agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Wisconsin Fair Employment Act, as amendedapplicable State fair employment legislation), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You Officer further covenant covenants that you he will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you not participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law, and will not apply for employment with the Company at any time. Officer acknowledges that the considerations contained in this Agreement fully compensate him for the release provided in this Section. b. Notwithstanding the foregoing, this agreement Agreement does not waive rights, if any, you Officer or your his successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you Officer or to your Officer's successors and assigns on claims arising out of, related to or asserted under or pursuant to, this agreement Agreement or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company Interstate Energy Corporation, a Wisconsin corporation, or its subsidiaries or affiliates Interstate Power Company, a Delaware corporation, or in any applicable insurance policy carried by the Company or its affiliates for any matter which has arisen, arises, or which arises or which may arise in the future in connection with your Officer's employment with the EmployerCompany. c. In accordance with the requirements of Title II of the Older Workers Benefit Protection Act (P. L. 101-433, 10/16/90), Officer hereby acknowledges that he has at least twenty-one (21) days to review this Agreement from the date he first received it and he has been advised to review it with an attorney of his choice. Officer further understands that the twenty-one (21) day review period ends when Officer signs this Agreement. Officer also has seven (7) days after signing this Agreement to revoke by so notifying the Company in writing. Any revocation by Officer under this Section 6(c), however, does not revoke the resignations provided under Section 1 and Officer's resignation from employment with the Company shall remain in effect as set forth therein. Officer further acknowledges that he has carefully read this Agreement, knows and understands the contents thereof and its binding legal effect. Officer signs the same of his own free will and act, and it is his intention that he be legally bound thereby. d. Officer agrees to keep this Agreement confidential and not to reveal its contents to anyone other than his attorney, financial consultant, immediate family members, and representatives of any governmental tax agency. The provisions of this Section 6(d) shall not apply to any truthful statement required to be made by Officer in any legal proceeding or government or regulatory investigation; provided, however, that prior to making such statement (other than to tax authorities), Officer will give the Company reasonable notice and, to the extent he is legally entitled to do so, afford the Company the ability to seek a confidentiality order.

Release and Covenants. a. (a) In consideration of the payments and benefits provided hereunder, particularly the additional compensation described in paragraphs 2 and payments provided and to be provided by the Company3, you, on behalf of yourself, your spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the CompanyJWA, and each of its subsidiaries, affiliates, their employees, successors, assigns, executors, trustees, directors, advisors, agents and representatives, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of actionactions, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your relationship with the Company described in this agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Americans with Disabilities Act, the Wisconsin Fair Employment Act, as amended), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You further covenant that you will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law. b. (b) Notwithstanding the foregoing, this letter agreement does not waive rights, if any, you or your successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you or to your successors and assigns on claims arising out of, related to or asserted under or pursuant to, this letter agreement or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company JWA or its subsidiaries or affiliates or in any applicable insurance policy carried by the Company JWA or its affiliates for any matter which has arisen, arises, arises or may arise in the future in connection with your employment with JWA. (c) You hereby acknowledge that you have at least twenty-one (21) days to review this letter agreement from the Employerdate you first receive it and you have been advised to review it with an attorney of your choice. You further understand that the twenty-one (21) day review period ends when you sign this agreement. You also have seven (7) days after your signing of this agreement to revoke the grant of this release by so notifying JWA in writing. Any revocation by you under this paragraph 6(c), however, is not effective with regard to paragraph 1 hereof and your termination of employment with JWA shall remain in effect as set forth therein. You further acknowledge that you have carefully read this letter agreement, know and understand the contents thereof and its binding legal effect. You sign the same of your own free will and act, and it is your intention that you be legally bound thereby. (d) You agree to keep this letter agreement confidential and not to reveal its contents to anyone other than your attorney, financial consultant, tax auditor, and immediate family members. The provisions of this paragraph 6(d) shall not apply to any truthful statement required to be made by you in any legal proceeding or government or regulatory investigation, provided, however, that prior to making such statement you will give JWA reasonable notice and, to the extent you are legally entitled to do so, afford JWA the ability to seek a confidentiality order.

Release and Covenants. a. (a) In consideration of the benefits and payments provided and to be provided by the Company, you, on behalf of yourself, your spouse, heirs, executors, administrators, agents, successors, assigns and representatives of any kind (hereinafter collectively referred to as the "Releasors") confirm that Releasors have hereby released the Company, and each of its subsidiaries, affiliates, their employees, successors, assigns, executors, trustees, directors, advisors, agents and representatives, and all their respective predecessors and successors (hereinafter collectively referred to as the "Releasees"), from any and all actions, causes of action, charges, debts, liabilities, accounts, demands, damages and claims of any kind whatsoever including, but not limited to, those arising out of the changes in the terms and conditions of your relationship with the Company described in this agreement and those arising under any labor, employment discrimination (including, without limitation, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights of Act of 1964, as amended, and the Wisconsin Fair Employment Act, as amended), contract or tort laws, equity or public policy, or negligence standard, whether known or unknown, certain or speculative, which, which against any of the Releasees, any of the Releasors ever had, now has, or hereafter shall have or can have. You further covenant that you will not initiate any action, claim or proceeding against any of the Releasees for any of the foregoing, nor will you participate, assist, or cooperate in any such action, claim, or proceeding unless required to do so by law. b. (b) Notwithstanding the foregoing, this agreement does not waive rights, if any, you or your successors and assigns may have under or pursuant to, or release any member of Releasees from obligations, if any, it may have to you or to your successors and assigns on claims arising out of, related to or asserted under or pursuant to, this agreement agreement, any insurance contract, or any indemnity agreement or obligation contained in or adopted or acquired pursuant to any provision of the charter or by-laws of the Company or its subsidiaries or affiliates or in any applicable insurance policy carried by the Company or its affiliates for any matter which has arisen, arises, arises or may arise in the future in connection with your employment with the EmployerCompany. The Company also agrees to provide such indemnification and insurance coverage to you for services rendered during the Consulting Employment Period as is customarily provided to active executive employees of the Company. Notwithstanding the foregoing, this agreement does not waive any rights under the Wisconsin Workers' Compensation Act or for any claim arising after the execution of this agreement. (c) You hereby acknowledge that you have at least 21 days to review this agreement from the date you first receive it and you have been advised to review it with an attorney of your choice. You further understand that the 21 day review period ends when you sign this agreement. You also have 7 days after your signing of this agreement to revoke by so notifying the Company in writing. Any revocation by you under this paragraph 7(c), however, does not revoke the resignations provided under paragraph 1(a), and your retirement with the Company shall remain in effect as set forth herein. You further acknowledge that you have carefully read this agreement, know and understand the contents thereof and its binding legal effect. You sign the same of your own free will and act, and it is your intention that you be legally bound thereby. (d) You agree to keep this agreement confidential and not to reveal its contents to anyone other than your attorney, financial consultant, and immediate family members. The provisions of this paragraph 7(d) shall not apply to any truthful statement required to be made by you in any legal proceeding or government or regulatory investigation, provided, however, that prior to making such statement you will give the Company reasonable notice and, to the extent you are legally entitled to do so, afford the Company the ability to seek a confidentiality order. (e) The Company hereby releases you from any liability to the Company arising out of your employment with the Company through the date of this agreement except to the extent of the obligations set forth in this agreement.