Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, and Company’s parent corporation, subsidiaries, affiliates, and their respective shareholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide termination payments and benefits in accordance with paragraphs 4.1, 4.2 and 4.3, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.1, 4.2 and 4.3 shall constitute full settlement of all such claims and causes of action.
Appears in 4 contracts
Samples: Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof4.3, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, and Company’s parent corporation, subsidiaries, affiliates, and their respective shareholdersequityholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited towithout limitation, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide termination payments and benefits in accordance with paragraphs 4.1, 4.2 and 4.3, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.1, 4.2 and 4.3 shall constitute full settlement of all such claims and causes of action.
Appears in 3 contracts
Samples: Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits payment under paragraph 4.1, 4.1 or the Severance Payment under paragraph 4.2 or 4.3 hereof4.3, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, and Company’s parent corporation, subsidiaries, affiliates, and their respective shareholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to pay and provide the termination payments and benefits payment in accordance with paragraphs 4.1, paragraph 4.1 or the Severance Payment in accordance with paragraph 4.2 and or 4.3, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits payment provided under paragraphs 4.1, paragraph 4.1 or Severance Payment provided under paragraph 4.2 and or 4.3 shall constitute full settlement of all such claims and causes of action.
Appears in 3 contracts
Samples: Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the additional termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, the Company, and the Company’s parent corporation, subsidiaries, affiliates, and their respective shareholders, owners, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with the Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 thirty (30) days after the date of his termination of employment with the Company and, as a condition to the Company’s obligation to provide the additional termination payments and benefits in accordance with paragraphs 4.1, 4.2 and 4.3, Executive shall not revoke such release. The performance of the Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.1, 4.2 and 4.3 shall constitute full settlement of all such claims and causes of action, subject to the limitations set forth above.
Appears in 2 contracts
Samples: Employment Agreement (Alpine Immune Sciences, Inc.), Employment Agreement (Alpine Immune Sciences, Inc.)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits payment under paragraph 4.1, 4.1 or the Severance Payment under paragraph 4.2 or 4.3 hereof4.3, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, and Company’s parent corporation, subsidiaries, affiliates, and their respective shareholdersequityholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited towithout limitation, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to pay and provide the termination payments and benefits payment in accordance with paragraphs 4.1, paragraph 4.1 or the Severance Payment in accordance with paragraph 4.2 and or 4.3, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits payment provided under paragraphs 4.1, paragraph 4.1 or Severance Payment provided under paragraph 4.2 and or 4.3 shall constitute full settlement of all such claims and causes of action.
Appears in 2 contracts
Samples: Employment Agreement (Oxford Resource Partners LP), Employment Agreement (Oxford Resource Partners LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, Company and Company’s parent corporation, its subsidiaries, affiliates, and their respective shareholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide termination payments and benefits in accordance with paragraphs 4.14.2 or 4.3, 4.2 and 4.3as applicable, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.14.2 or 4.3, 4.2 and 4.3 as applicable, shall constitute full settlement of all such claims and causes of action.
Appears in 1 contract
Samples: Employment Agreement (Empire Petroleum Partners, LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive Employee shall first execute a release, in the form established by the Board, releasing the Board, Company, Company and Company’s parent corporation, its subsidiaries, affiliates, and their respective shareholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of ExecutiveEmployee’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive Employee may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive Employee shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide termination payments and benefits in accordance with paragraphs 4.1, 4.2 and or 4.3, Executive as applicable, Employee shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.14.2 or 4.3, 4.2 and 4.3 as applicable, shall constitute full settlement of all such claims and causes of action.
Appears in 1 contract
Samples: Employment Agreement (Empire Petroleum Partners, LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, Company and each of Company’s parent corporation, respective subsidiaries, affiliates, and their respective shareholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide termination payments and benefits in accordance with paragraphs 4.14.2 or 4.3, 4.2 and 4.3as applicable, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.14.2 or 4.3, 4.2 and 4.3 as applicable, shall constitute full settlement of all such claims and causes of action.
Appears in 1 contract
Samples: Employment Agreement (Empire Petroleum Partners, LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the any termination payments and benefits or severance payment under any of paragraph 4.1, 4.2 or paragraph 4.2, paragraph 4.3 hereof, as applicableand/or paragraph 4.4, Executive shall first execute a release, in the form established by of the BoardAgreement and Release attached hereto, releasing the Board, Company, and Company’s parent corporationparent, subsidiaries, affiliates, and their respective shareholdersequityholders, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited towithout limitation, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 days after the date of his termination of employment with Company and, as a condition to Company’s obligation to pay and provide any termination payments and benefits or severance payment in accordance with paragraphs paragraph 4.1, 4.2 and 4.3paragraph 4.2, paragraph 4.3 and/or paragraph 4.4, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits or severance payment provided under paragraphs paragraph 4.1, 4.2 and paragraph 4.2, paragraph 4.3 and/or paragraph 4.4 shall constitute full settlement of all such claims and causes of action.
Appears in 1 contract
Samples: Agreement and Release (Oxford Resource Partners LP)
Release and Full Settlement. Anything to the contrary herein notwithstanding, as a condition to the receipt of the additional termination payments and benefits under paragraph 4.1, 4.2 or 4.3 hereof, as applicable, Executive shall first execute a release, in the form established by the Board, releasing the Board, Company, and Company’s parent corporation, subsidiaries, affiliates, and their respective shareholders, owners, partners, officers, directors, employees, attorneys and agents from any and all claims and from any and all causes of action of any kind or character including, but not limited to, all claims or causes of action arising out of Executive’s employment with Company or its affiliates or the termination of such employment, but excluding all claims to vested benefits and payments Executive may have under any compensation or benefit plan, program or arrangement, including this Agreement. Executive shall provide such release no later than 50 thirty (30) days after the date of his termination of employment with Company and, as a condition to Company’s obligation to provide the additional termination payments and benefits in accordance with paragraphs 4.1, 4.2 and 4.3, Executive shall not revoke such release. The performance of Company’s obligations hereunder and the receipt of any termination payments and benefits provided under paragraphs 4.1, 4.2 and 4.3 shall constitute full settlement of all such claims and causes of action, subject to the limitations set forth above.
Appears in 1 contract
Samples: Employment Agreement (Alpine Immune Sciences, Inc.)