Common use of Release and Discharge of Claims Clause in Contracts

Release and Discharge of Claims. Except as to such rights or claims as may be created by this Agreement, Employee hereby irrevocably and unconditionally remises, releases, and forever discharges the Company and any predecessor, successor, parent, subsidiary or affiliated corporation, and all present or former directors, officers, agents, employees, insurers, representatives, and attorneys, (and directors, officers, agents, employees, insurers, representatives, and attorneys of any parent, subsidiary, or affiliated corporations), and all persons acting by, through, under or in concert with any of them (collectively the “Releasees”), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, fixed or contingent, which any of them ever had or now has against the Releasees, from the beginning of time to the date of this Agreement, including but without limitation on the foregoing general terms, any claims arising from or relating to Employee’s employment relationship with the Company or the termination thereof, including any claims arising from any alleged breach of contract, covenant of good faith and fair dealing, wrongful termination, tort or any violation of any federal, state or local statutes, ordinances or common law, including but not limited to: (1) the Civil Rights Act of 1964, as amended; (2) 42 U.S.C. § 1981; (3) the California Fair Employment and Housing Act (which prohibits discrimination and harassment based upon race, religion, sex, age, color, national origin, disability, medical condition, marital status and similar protected categories); (4) Section 503 of the Rehabilitation Act of 1973; (5) the Americans with Disabilities Act; (6) the Fair Labor Standards Act (including the Equal Pay Act); (7) the California Penal Code; (8) the California Constitution; (9) the California Labor Code; (10) the Federal and California Family and Medical Leave Acts; (11) the Employee Retirement Income Security Act, as amended; (12) the Federal and California Worker Adjustment and Retraining Notification Act; (13) the Age Discrimination in Employment Act of 1967 (“ADEA”); and (14) the Older Workers Benefit Protection Act (“OWBPA”) which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, own or hold against any of the Releasees relating to any conduct occurring prior to and including the date of execution of this Agreement. In addition, if Employee is 40 years old or older at the time of this Agreement and in return for the consideration identified in Paragraphs 3 and 4 above, Employee specifically represents that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have for age discrimination under the ADEA or OWBPA.

Release and Discharge of Claims. Except as to such rights or claims as may be created by this Agreement, Employee hereby irrevocably and unconditionally remises, releases, and forever discharges the Company and any predecessor, successor, parent, subsidiary or affiliated corporation, and all present or former directors, officers, agents, employees, insurers, representatives, and attorneys, (and directors, officers, agents, employees, insurers, representatives, and attorneys of any parent, subsidiary, or affiliated corporations), and all persons acting by, through, under or in concert with any of them (collectively the “Releasees”), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, fixed or contingent, which any of them ever had or now has against the Releasees, from the beginning of time to the date of this Agreement, including but without limitation on the foregoing general terms, any claims arising from or relating to Employee’s employment relationship with the Company or the termination thereof, including any claims arising from any alleged breach of contract, covenant of good faith and fair dealing, wrongful termination, tort or any violation of any federal, state or local statutes, ordinances or common law, including but not limited to: (1) the Civil Rights Act of 1964, as amended; (2) 42 U.S.C. § 1981; (3) the California Fair Employment and Housing Act (which prohibits discrimination and harassment based upon race, religion, sex, age, color, national origin, disability, medical condition, marital status and similar protected categories); (4) Section 503 of the Rehabilitation Act of 1973; (54) the Americans with Disabilities Act; (65) the Fair Labor Standards Act (including the Equal Pay Act); (76) the California Penal Code; (8) the California Constitution; (9) the California Labor Code; (10) the and Federal and California Family and Medical Leave ActsAct; (117) the Employee Retirement Income Security Act, as amended; (12) the Federal and California Worker Adjustment and Retraining Notification Act; (13) 8) the Age Discrimination in Employment Act of 1967 (“ADEA”); and (149) the Older Workers Benefit Protection Act (“OWBPA”); (10) the Federal Worker Adjustment and Retraining Notification Act; (11) the California Fair Employment and Housing Act; (12) the California Labor Code; (13) the Utah Antidiscrimination Act; and (14) the Utah Code, including the Utah Labor Code which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, own or hold against any of the Releasees relating to any conduct occurring prior to and including the date of execution of this Agreement. In addition, if Employee is 40 years old or older at the time of this Agreement and in return for the consideration identified in Paragraphs 3 and 4 above, Employee specifically represents that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have for age discrimination under the ADEA or OWBPA.

Release and Discharge of Claims. Except as to such rights or claims as may be created by this Agreement, Employee hereby irrevocably and unconditionally remises, releases, and forever discharges the Company and any predecessor, successor, parent, subsidiary or affiliated corporation, and all present or former directors, officers, agents, employees, insurers, representatives, and attorneys, (and directors, officers, agents, employees, insurers, representatives, and attorneys of any parent, subsidiary, or affiliated corporations), and all persons acting by, through, under or in concert with any of them (collectively the “Releasees”), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, fixed or contingent, which any of them ever had or now has against the Releasees, from the beginning of time to the date of this Agreement, including but without limitation on the foregoing general terms, any claims arising from or relating to Employee’s employment relationship with the Company or the termination thereof, including any claims arising from any alleged breach of contract, covenant of good faith and fair dealing, wrongful termination, tort or any violation of any federal, state (including Utah or New York) or local statutes, ordinances or common law, including but not limited to: (1) the Civil Rights Act of 1964, as amended; (2) 42 U.S.C. § 1981; (3) the California Fair Employment and Housing Act New York State Human Rights Law (which prohibits discrimination and harassment based upon race, religion, sex, age, color, national origin, disability, medical condition, marital status and similar protected categories); (4) Section 503 of the Rehabilitation Act of 1973; (5) the Americans with Disabilities Act; (6) the Fair Labor Standards Act (including the Equal Pay Act); (7) the California Penal New York Code, including the Labor Code and related Acts; (8) the California Constitution; (9) the California Labor Code; (10) the Federal and California Family and Medical Leave Acts; (119) the Employee Retirement Income Security Act, as amended; (1210) the Federal and California Worker Adjustment and Retraining Notification Act; (1311) the Age Discrimination in Employment Act of 1967 (“ADEA”); and (1412) the Older Workers Benefit Protection Act (“OWBPA”) which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, own or hold against any of the Releasees relating to any conduct occurring prior to and including the date of execution of this Agreement. In addition, if Employee is 40 years old or older at the time of this Agreement and in return for the consideration identified in Paragraphs 3 and 4 above, Employee specifically represents that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have for age discrimination under the ADEA or OWBPA.

Release and Discharge of Claims. Except as In consideration for the promises and covenants contained herein, other than the rights and benefits granted to such rights or claims as may be created by this AgreementEmployee hereunder, Employee hereby irrevocably and unconditionally remises, releases, releases and forever discharges the Company and any predecessor, successor, parent, subsidiary or Acacia Research Corporation (“ARC”) and all of their affiliated corporationand related entities, and all present or former directorstheir, and their affiliated and related entities’, respective agents, officers, agentsdirectors, stockholders, members, employees, insurers, representatives, and attorneys, (and directors, officers, agents, employees, insurers, representativessubsidiaries, predecessors, successors and attorneys of any parent, subsidiary, or affiliated corporations), and all persons acting by, through, under or in concert with any of them assigns (collectively the “Company Releasees”), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreementscauses of actions, controversiesactions, damagessuits, and expenses (including attorney’s fees and costs actually incurred)or demands, of any nature whatsoever, in law whatsoever kind or equitycharacter, known or unknown, suspected to exist or unsuspectednot suspected to exist, fixed anticipated or contingentnot anticipated, which any of them ever had or now has against the Releasees, from the beginning of time to the date of this Agreement, including but without limitation on the foregoing general terms, any claims arising from or relating to Employee’s employment relationship with any omissions, acts or facts that have occurred up until and including the Company or the termination thereof, including any claims arising from any alleged breach date of contract, covenant of good faith and fair dealing, wrongful termination, tort or any violation of any federal, state or local statutes, ordinances or common lawthis Separation Agreement, including but not limited to those arising from or related or attributable to Employee’s employment with the Company and his separation from such employment (“Claims”). Such Claims include, but are not limited to: (1) the Civil Rights Act of 1964, as amended; (2) 42 U.S.C. § 1981; (3) the California Fair Employment and Housing Act (which prohibits discrimination and harassment claims based upon race, religion, sex, age, color, national origin, disability, medical condition, marital status and similar protected categories); (4) Section 503 any violation of the Rehabilitation Act Company’s policies and regulations or any written or oral contract or agreement between the Company and Employee; tort and common law claims including but not limited to claims for wrongful or retaliatory discharge, emotional distress, defamation, slander, libel or false imprisonment, claims for attorneys’ fees, back pay, front pay or reinstatement; claims based upon employment discrimination or harassment of 1973; (5) any kind or nature, and claims based upon alleged violation of: the Americans with With Disabilities Act; (6) the Fair Labor Standards Act (including the Equal Pay Act); (7) the California Penal Code; (8) the California Constitution; (9) the California Labor Code; (10) the Federal and California Family and Medical Leave Acts; (11) the Employee Retirement Income Security Act, as amendedamended (42 U.S.C. section 12101, et seq.); 42 U.S.C. sections 1981 and 1983; the New York State Human Rights Law (12NYSHRL), the New York Labor Law (NYLL) (including but not limited to the Federal and California Retaliatory Action by Employers Law, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law, the New York City Human Rights Law (NYCHRL), and the New York City Earned Sick Leave Law (NYCESLL), State wage and hour laws; (13) or any other State, Federal or local statutes or laws. Employee further acknowledges that such Claims also include claims based on the Age Discrimination in Employment Act of 1967 Act, as amended (29 U.S.C. section 621, et seq.) (the “ADEA”); ) and (14) the Older Workers Benefit Protection Act (29 U.S.C. §626(f)), as amended (the “OWBPA”) which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, own or hold against any of the Releasees relating to any conduct occurring prior to and including the date of execution ). The provisions of this Agreement. In addition, if Employee is 40 years old or older at the time Section do not release claims that cannot be released as a matter of this Agreement and in return for the consideration identified in Paragraphs 3 and 4 above, Employee specifically represents that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have for age discrimination under the ADEA or OWBPAlaw.

Release and Discharge of Claims. Except as a. In consideration of the covenants undertaken herein by the Company, and to such rights or claims as may be created the fullest extent permitted by this Agreementlaw, Employee hereby irrevocably covenants not to xxx and unconditionally remisesfully releases and discharges American Apparel, releasesInc., all of its divisions, and forever discharges the Company and any predecessorall of its parent, related, successor, parentpredecessor-in-interest, subsidiary or and affiliated corporationcompanies and entities, and all present or former each of their respective officers, directors, officersshareholders, partners, limited partners, agents, employees, insurers, representatives, and independent contractors, payroll companies, attorneys, (and directors, officers, agents, employees, insurers, representativeslicensees and assigns, past and attorneys present, (all of any parent, subsidiary, or affiliated corporations), which and all persons acting by, through, under or in concert with any of them (whom are collectively the referred to as “Company Releasees”), with respect to and from, any and all claims, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee now owns or holds, or previously owned or held, or may in the future hold against said Company Releasees, or any of them, from arising out of, grounded upon, or in any and all actionsway connected with Employee’s employment relationship with the Company, causes the termination of actionthat employment, suitsthe Employment Agreement, debtstermination of the Employment Agreement, chargesor any other transactions, complaintsoccurrences, claimsacts or omissions or any loss, liabilities, obligations, promises, agreements, controversies, damages, and expenses (including attorney’s fees and costs actually incurred), of any nature damages or injury whatsoever, in law or equity, known or unknown, suspected or unsuspected, fixed resulting from any act or contingentomission by or on the part of the Company Releasees, which or any of them ever had them, committed or now has against the Releasees, from the beginning of time omitted prior to the date Employee signs this Agreement (“Claim or Claims”). Employee’s release of this Agreementany such Claim or Claims includes, including but without limitation on the foregoing general termsis not limited to, any claims action arising from out of any foreign, federal, state or relating local constitution, statute, ordinance, regulation, or common law, including, but not limited to, those arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act, the California Worker Adjustment and Retraining Notification Act, the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code, the California Government Code, the California Insurance Code, the California Business & Professions Code, the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions; any other foreign, federal, state or local law prohibiting employment discrimination or otherwise regulating employment; any Claim or Claims for discrimination, failure to Employee’s employment relationship with the Company or the termination thereofprevent discrimination, including any claims arising from any alleged retaliation, failure to prevent retaliation, harassment, failure to prevent harassment, assault, battery, misrepresentation, fraud, deceit, invasion of privacy, breach of contract, breach of quasi‑contract, breach of implied contract, an accounting, wrongful or constructive discharge, breach of the covenant of good faith and fair dealing, wrongful terminationlibel, tort slander, negligent or any intentional infliction of emotional distress, violation of any federalpublic policy, state negligent supervision, negligent retention, negligence, or local statutes, ordinances interference with business opportunity or common law, including but not limited to: (1) the Civil Rights Act of 1964, as amended; (2) 42 U.S.C. § 1981; (3) the California Fair Employment and Housing Act (which prohibits discrimination and harassment based upon race, religion, sex, age, color, national origin, disability, medical condition, marital status and similar protected categories); (4) Section 503 of the Rehabilitation Act of 1973; (5) the Americans with Disabilities Act; (6) the Fair Labor Standards Act (including the Equal Pay Act); (7) the California Penal Code; (8) the California Constitution; (9) the California Labor Code; (10) the Federal and California Family and Medical Leave Acts; (11) the Employee Retirement Income Security Act, as amended; (12) the Federal and California Worker Adjustment and Retraining Notification Act; (13) the Age Discrimination in Employment Act of 1967 (“ADEA”)contracts; and (14any Claim or Claims for severance pay, vacation pay, commissions, bonus or similar benefit, sick leave, pension, retirement, retirement bonus, holiday pay, life insurance, provided, however, that this release shall not affect any right or claim that may not be waived as a matter of law as more explicitly set forth in Paragraph 3(b) the Older Workers Benefit Protection Act (“OWBPA”) which below, and provided further, however, that this release shall not affect any right or claim that Employee may have to health or medical insurance or to reimbursement of health or medical costs already incurred. Employee hereby warrants and represents that there is not now haspending any complaint, owns lawsuit, charge and/or other claim filed by him against Company or holds, or claims to have, own or hold, or which Employee at any time heretofore had, owned or held, or claimed to have, own or hold against any of the Releasees relating to Company Releasees, with any conduct occurring prior to and including the date of execution of this Agreement. In addition, if Employee is 40 years old court or older at the time of this Agreement and in return for the consideration identified in Paragraphs 3 and 4 above, Employee specifically represents that Employee is knowingly and voluntarily waiving and releasing government agency or entity or arbitration tribunal asserting any rights Employee may have for age discrimination under the ADEA Claim or OWBPAClaims released herein.