Common use of Release and Waiver by Employee Clause in Contracts

Release and Waiver by Employee. For and in consideration of the Severance Benefits referenced above, as well as the covenants and/or promises contained herein, the receipt and sufficiency of which are hereby acknowledged, Employee, on behalf of Employee and Employee’s family, assigns, representatives, agents, heirs and/or attorneys, if any, hereby covenants not to xxx and fully, finally, and forever releases, acquits and discharges Employer, along with its former and present parents, subsidiaries, and/or affiliates, along with its predecessors, successors and/or assigns, if any, as well as their respective former and present officers, administrators, directors, shareholders, general or limited partners, representatives, agents, employees and/or attorneys, if any, jointly and severally (collectively, the “Released Parties”), from any and all claims, demands, actions, liabilities, obligations and/or causes of action of whatever kind or character, whether known or unknown, which Employee or anyone on Employee’s behalf or for Employee’s benefit has or might claim to have against the Released Parties for any and all injuries, harm, damages (actual and punitive), penalties, costs, losses, expenses, attorneys’ fees and/or liability or other detriment, if any, whatsoever and whenever incurred or suffered by Employee arising out of, relating to, or in connection with any transaction or occurrence which transpired prior to the execution of this Agreement, including, without limitation: (i) any claim under federal, state, or local law which provides civil remedies for the enforcement of rights arising out of the employment relationship, including, without limitation, discrimination and retaliation claims, such as claims or causes of action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq.; The Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981; The Civil Rights Act of 1991, as amended, 42 U.S.C. § 1981a; Americans With Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; Fair Labor Standards Act, as amended, 29 U.S.C. § 201, et seq.; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1000 et seq.; Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Texas Commission on Human Rights Act, as amended, Texas Labor Code § 21.001, et seq.; or any other statute prohibiting discrimination or retaliation in employment under any federal, state, or local law; (ii) any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.(“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Agreement: (a) Employee has been advised to consult with an attorney before signing this Agreement; (b) Employee is not waiving any rights or claims under the ADEA that may arise after the date on which he executes this Agreement; (c) Employee has twenty-one (21) days from the date he is presented with this Agreement to decide whether or not to sign the Agreement and Affirmation, although Employee may choose to sign any time earlier; (d) Employee has seven (7) days after signing this Agreement and Affirmation to revoke, and Employee’s waiver and release of ADEA claims will not be effective until that revocation period has expired; and (e) Employee hereby acknowledges and agrees that he is knowingly and voluntarily waiving and releasing his rights and claims only in exchange for consideration; and (iii) any claims for unpaid or withheld wages, relocation allowances or benefits, other benefits, commissions, bonuses or profit-sharing, wrongful discharge, breach of contract, breach of fiduciary duty, promissory estoppel, fraud, breach of any implied covenants, assault, battery, negligence, defamation, invasion of privacy, slander, intentional infliction of emotional distress, or any other contract, tort, or statutory claim. Employee acknowledges and agrees that the payment of monies hereunder constitutes monies to which Employee was not previously entitled and, further, that the payment of monies hereunder constitutes fair and adequate consideration for the execution of this Agreement.

Release and Waiver by Employee. For and in consideration of the Severance Benefits referenced above, as well as the covenants and/or promises contained herein, the receipt and sufficiency of which are hereby acknowledged, Employee, on behalf of Employee and Employee’s family, assigns, representatives, agents, heirs and/or attorneys, if any, hereby covenants not to xxx and fully, finally, and forever releases, acquits and discharges Employer, along with its former and present parents, subsidiaries, and/or affiliates, along with its predecessors, successors and/or assigns, if any, as well as their respective former and present officers, administrators, directors, shareholders, general or limited partners, representatives, agents, employees and/or attorneys, if any, jointly and severally (collectively, the “Released Parties”), from any and all claims, demands, actions, liabilities, obligations and/or causes of action of whatever kind or character, whether known or unknown, which Employee or anyone on Employee’s behalf or for Employee’s benefit has or might claim to have against the Released Parties for any and all injuries, harm, damages (actual and punitive), penalties, costs, losses, expenses, attorneys’ fees and/or liability or other detriment, if any, whatsoever and whenever incurred or suffered by Employee arising out of, relating to, or in connection with any transaction or occurrence which transpired prior to the execution of this Agreement, including, without limitation: (i) any claim under federal, state, or local law which provides civil remedies for the enforcement of rights arising out of the employment relationship, including, without limitation, discrimination and retaliation claims, such as claims or causes of action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq.; The Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981; The Civil Rights Act of 1991, as amended, 42 U.S.C. § 1981a; Americans With Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; Fair Labor Standards Act, as amended, 29 U.S.C. § 201, et seq.; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1000 et seq.; Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Texas Commission on Human Rights Act, as amended, Texas Labor Code § 21.001, et seq.; or any other statute prohibiting discrimination or retaliation in employment under any federal, state, or local law; (ii) any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.(“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Agreement: (a) Employee has been advised to consult with an attorney before signing this Agreement; (b) Employee is not waiving any rights or claims under the ADEA that may arise after the date on which he executes this Agreement; (c) Employee has twenty-one (21) days from the date he Employee is presented with this Agreement to decide whether or not to sign the Agreement and Affirmation, although Employee may choose to sign any time earlier; (d) Employee has seven (7) days after signing this Agreement and Affirmation to revoke, and Employee’s waiver and release of ADEA claims will not be effective until that revocation period has expired; and (e) Employee hereby acknowledges and agrees that he is knowingly and voluntarily waiving and releasing his rights and claims only in exchange for consideration; and (iii) any claims for unpaid or withheld wages, relocation allowances or benefits, other benefits, commissions, bonuses or profit-sharing, wrongful discharge, breach of contract, breach of fiduciary duty, promissory estoppel, fraud, breach of any implied covenants, assault, battery, negligence, defamation, invasion of privacy, slander, intentional infliction of emotional distress, or any other contract, tort, or statutory claim. Employee acknowledges and agrees that the payment of monies hereunder constitutes monies to which Employee was not previously entitled and, further, that the payment of monies hereunder constitutes fair and adequate consideration for the execution of this Agreement.

Release and Waiver by Employee. For and in consideration of the Severance Benefits referenced abovebenefits, as well as the covenants and/or promises contained herein, the receipt and sufficiency of which are hereby acknowledged, Employee, on behalf of Employee himself and Employee’s his family, assigns, representatives, agents, heirs and/or attorneys, if any, hereby covenants not to xxx sxx and fully, finally, and forever releases, acquits and discharges Employer, along with its former and present parents, subsidiaries, and/or affiliates, along with its predecessors, successors and/or assigns, if any, as well as their respective former and present officers, administrators, directors, shareholders, general or limited partners, representatives, agents, employees and/or attorneys, if any, jointly and severally (collectively, the “Released Parties”), from any and all claims, demands, actions, liabilities, obligations and/or causes of action of whatever kind or character, whether known or unknown, which Employee or anyone on Employee’s his behalf or for Employee’s his benefit has or might claim to have against the Released Parties for any and all injuries, harm, damages (actual and punitive), penalties, costs, losses, expenses, attorneys’ fees and/or liability or other detriment, if any, whatsoever and whenever incurred or suffered by Employee arising out of, relating to, or in connection with any transaction or occurrence which transpired prior to the execution of this Agreement, including, without limitation: (i) any claim under federal, state, or local law which provides civil remedies for the enforcement of rights arising out of the employment relationship, including, without limitation, discrimination and retaliation claims, such as claims or causes of action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq.; The Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981; The the Civil Rights Act of 1991, as amended, 42 U.S.C. § 1981a; Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Americans With Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; Fair Labor Standards Act, as amended, 29 U.S.C. § 201, et seq.; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1000 et seq.; Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Texas Commission on Human Rights Act, as amended, Texas Labor Code § 21.001, et seq.; or any other statute prohibiting discrimination or retaliation in employment under any federal, state, or local law;; and (ii) any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.(“ADEA”). The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Agreement: (a) Employee has been advised to consult with an attorney before signing this Agreement; (b) Employee is not waiving any rights or claims under the ADEA that may arise after the date on which he executes this Agreement; (c) Employee has twenty-one (21) days from the date he is presented with this Agreement to decide whether or not to sign the Agreement and Affirmation, although Employee may choose to sign any time earlier; (d) Employee has seven (7) days after signing this Agreement and Affirmation to revoke, and Employee’s waiver and release of ADEA claims will not be effective until that revocation period has expired; and (e) Employee hereby acknowledges and agrees that he is knowingly and voluntarily waiving and releasing his rights and claims only in exchange for consideration; and (iii) any claims for unpaid or withheld wages, relocation allowances or benefits, other benefits, commissions, stock options, bonuses or profit-sharing, wrongful discharge, breach of contract, breach of fiduciary duty, promissory estoppel, fraud, breach of any implied covenants, assault, battery, negligence, defamation, invasion of privacy, slander, intentional infliction of emotional distress, or any other contract, tort, or statutory claim. Employee acknowledges and agrees that the payment of monies hereunder constitutes monies to which Employee was not previously entitled and, further, that the payment of monies hereunder constitutes fair and adequate consideration for the execution of this Agreement.

Release and Waiver by Employee. For and in consideration of the Severance Benefits referenced abovecompensation described in Section 4, as well as the covenants and/or and promises contained hereinin this Agreement, the receipt and sufficiency of which are hereby acknowledged, Employee, Employee on behalf of Employee himself and Employee’s his family, assigns, representatives, agents, heirs and/or attorneysand attorney, if any, hereby covenants not to xxx and fully, finally, and forever releases, acquits and discharges Employerthe Company, along with its former and present parents, subsidiaries, and/or and affiliates, along with and its and their respective predecessors, successors and/or and assigns, if any, as well as its and their respective former and present officers, administrators, directors, shareholders, general or limited partners, representatives, agents, employees and/or and attorneys, if any, jointly and severally (collectively, the “Released Parties”), from any and all claims, demands, actions, liabilities, obligations and/or and causes of action of whatever kind or character, whether known or unknown, which that Employee or anyone on Employee’s his behalf or for Employee’s his benefit has or might claim to have against the Released Parties for any and all injuries, harm, damages (actual and punitive), penalties, costs, losses, expenses, attorneys’ attorney’s fees and/or and liability or other detriment, if any, whatsoever and whenever incurred or suffered by Employee arising out of, relating to, or in connection with any transaction transaction, occurrence or occurrence which omission that transpired prior to before the execution of this Agreement, including, without limitation: (i) any claim under federal, state, or local law which that provides civil remedies for the enforcement of rights arising out of the employment relationship, including, without limitation, discrimination and retaliation claims, such as claims or causes of action under Title VII of the Civil Rights Act of 1964, 1964 as amended, 42 U.S.C. § 2000 et seq.; The Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981; The Civil Rights Act of 1991, . as amended, 42 U.S.C. § 1981a198; Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.; Americans With Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; Fair Labor Standards Act, as amended, 29 U.S.C. § 201, et seq.; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1000 et seq.; Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Texas Commission on Human Rights Act, as amended, Texas Labor Code § 21.001, et seq.; or any other statute prohibiting discrimination or retaliation in employment under any federal, state, or local law; ; and (ii) any claim under the Age Discrimination except as set forth in Employment Act, as amended, 29 U.S.C. § 621 et seq.(“ADEA”)Section 4. The following terms and conditions apply to and are part of the waiver and release of ADEA claims under this Agreement: (a) Employee has been advised to consult with an attorney before signing this Agreement; (b) Employee is not waiving any rights or claims under the ADEA that may arise after the date on which he executes this Agreement; (c) Employee has twenty-one (21) days from the date he is presented with this Agreement to decide whether or not to sign the Agreement and Affirmation, although Employee may choose to sign any time earlier; (d) Employee has seven (7) days after signing this Agreement and Affirmation to revoke, and Employee’s waiver and release of ADEA claims will not be effective until that revocation period has expired; and (e) Employee hereby acknowledges and agrees that he is knowingly and voluntarily waiving and releasing his rights and claims only in exchange for consideration; and (iii) any Compensation claims for unpaid or withheld wages, relocation allowances or benefits, other benefits, commissions, stock options, bonuses or profit-sharing, wrongful discharge, breach of contract, breach of fiduciary duty, promissory estoppel, fraud, breach of any implied covenants, assault, battery, negligence, defamation, invasion of privacy, slander, intentional infliction of emotional distress, or any other contract, tort, or statutory claim. ; provided that nothing in this Agreement shall be construed as a release by Employee acknowledges of any (i) salary earned through the Separation Date, (ii) outstanding expense reimbursement claims as of the Separation Date in accordance with the Company’s policies, (iii) rights under the Company’s 401(k) Plan earned through the Separation Date, (iv) rights under the Company’s medical and dental insurance plan to which Employee is entitled through the Separation Date, (v) rights of Employee to indemnification and advance of expenses pursuant to the Company’s bylaws and pursuant to the indemnification assurance agreement between the Parties (the “Indemnification Documents”), (vi) rights of the Employee under any insurance policies maintained by the Company and (vii) rights of Employee under this Agreement; Employee covenants and agrees that he will not initiate, or cause to be initiated, any action or cause of action against the payment Company or any of monies hereunder constitutes monies to which Employee was not previously entitled and, further, that the payment of monies hereunder constitutes fair and adequate consideration for other Released Parties in the execution of future asserting any claim covered by the release contained in this Agreement. Employee further agrees to indemnify the Company and all other Released Parties for (i) any additional sum of money that any of them may be compelled to pay Employee as a result of a claim covered by this release, and (ii) any of the associated legal fees, costs and expenses of the Company or any other Released Party on account of Employee bringing or allowing to be brought on his behalf any legal action based directly or indirectly on the claims covered by the release. For and in consideration of the compensation described in Section 4, as well as the covenants and promises contained in this Agreement, Employee agrees to execute and deliver to Company the Post Separation Waiver included below within 7 days of the Separation Date.