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.