Common use of Release and Discharge of Claims Clause in Contracts

Release and Discharge of Claims. Executive hereby irrevocably and unconditionally releases and discharges from any and all claims, liabilities, obligations, promises, causes of actions, actions, suits, or demands, of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, arising from or relating to any agreements or arrangements between Executive and any of the Releasees, whether as an employee, consultant or otherwise, or the termination of such agreements or arrangements (“Claims”). Such Claims include, but are not limited to the following: claims based upon employment discrimination or harassment of any kind or nature; claims based upon any violation of Releasees’ policies, procedures or regulations; claims of any kind based upon any actual or implied agreement, contract, promise, written or oral statement of any kind whatsoever between Executive and any of the Releasees or the alleged breach thereof; claims based upon alleged violation of the Texas Labor Code, Title 7 of the Civil Rights Act of 1964 as Amended, the United States and/or Texas Constitutions, the Americans With Disabilities Act, and the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; claims based upon Federal and State wage and hour laws; any State and Federal tort or common law claims; and claims based on any other State and Federal statutes or laws. Notwithstanding the above, Claims does not include any claims arising out of any Company sponsored employee benefit plans (other than any severance arrangements (but excluding the Employment Agreement) between the Company and Executive. Executive covenants and agrees not to file, sxx or assert any claims against Releasees in connection with any of the above-mentioned Claims. Executive acknowledges and agrees that s/he is aware that s/he may hereafter discover claims which presently exist, but which are presently unknown or unsuspected, or may discover facts in addition to or different from those which s/he now knows or believes to be true as to the matters released herein. Nevertheless, it Executive’s intention, through this Release, to fully, finally and forever release all such matters, and all claims related thereto, which do now exist. In entering into this Release, Executive does not rely upon any statement, representation or promise of any other party hereto or any other person or entity, except as expressly stated in this Release.

Appears in 7 contracts

Samples: 2007 Employment Agreement (Toreador Resources Corp), 2007 Employment Agreement (Toreador Resources Corp), 2007 Employment Agreement (Toreador Resources Corp)

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Release and Discharge of Claims. Executive hereby irrevocably and unconditionally releases and discharges from any and all claims, liabilities, obligations, promises, causes of actions, actions, suits, or demands, of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, arising from or relating to any agreements or arrangements between Executive and any of the Releasees, whether as an employee, consultant or otherwise, or the termination of such agreements or arrangements (“Claims”). Such Claims include, but are not limited to the following: claims based upon employment discrimination or harassment of any kind or nature; claims based upon any violation of Releasees’ policies, procedures or regulations; claims of any kind based upon any actual or implied agreement, contract, promise, written or oral statement of any kind whatsoever between Executive and any of the Releasees or the alleged breach thereof; claims based upon alleged violation of the Texas Labor Code, Title 7 of the Civil Rights Act of 1964 as Amendedamended, the United States and/or Texas Constitutions, the Americans With Disabilities Act, and the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; claims based upon Federal and State wage and hour laws; any State and Federal tort or common law claims; and claims based on any other State and Federal statutes or laws. Notwithstanding the above, Claims does not include any claims arising out of any Company sponsored employee benefit plans (other than any severance arrangements (but excluding the Employment Agreement) between the Company and Executive. Executive covenants and agrees not to file, sxx xxx or assert any claims against Releasees in connection with any of the above-mentioned Claims. Executive acknowledges and agrees that s/he is aware that s/he may hereafter discover claims which presently exist, but which are presently unknown or unsuspected, or may discover facts in addition to or different from those which s/he now knows or believes to be true as to the matters released herein. Nevertheless, it is Executive’s intention, through this Release, to fully, finally and forever release all such matters, and all claims related thereto, which do now exist. In entering into this Release, Executive does not rely upon any statement, representation or promise of any other party hereto or any other person or entity, except as expressly stated in this Release.

Appears in 4 contracts

Samples: 2008 Employment Agreement (Toreador Resources Corp), 2008 Employment Agreement (Toreador Resources Corp), 2008 Employment Agreement (Toreador Resources Corp)

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