Release and Waiver of All Claims. A. I hereby agree that I fully and forever discharge, waive and release any and all claims and causes of action of any kind that I may have had or now have against Covad Communications Group, Inc., and any of its affiliates, predecessors, successors, parents, subsidiaries or assigns and any of their respective officers, directors, agents, employees, and representatives (collectively, the "COMPANY" or "COVAD") arising out of or relating in any way to (1) my employment with the Company and the termination thereof, including but not limited to claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, infliction of emotional distress, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Labor Code including Section 1197.5 thereof, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), WARN, and any other local, state and federal laws and regulations relating to employment, except any claims I may have for unemployment and workers' compensation insurance.
B. I hereby agree that I fully and forever waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the Civil Code of the State of California, or analogous law of any other state, which states as follows: A general release does not extend to claims which the creditor [i.e., employee] does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor [i.e., the Company].
C. I understand that various lawsuits have been brought against the Company alleging fraud and/or other legal violations relating to transactions in the Company's securities, and that some of those cases have been brought as purported class actions on behalf of various classes of persons who acquired such securities. I have made my own determination as to whether I wish to consult with the law firms purporting to represent such classes, and as to whether I am eligible to and wish to participate in such cases. I understand that by signing this Agreement I will be precluded from such participation, and will be waiving any rights I might otherwise have had as a res...
Release and Waiver of All Claims. You knowingly and voluntarily release and forever discharge the Company from any and all claims, known and unknown, which you have or may have against the Company at any time prior to the date of the execution of this Agreement, including, but not limited to: • a release of any rights or claims he/she may have under the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability; • the Age Discrimination in Employment Act (“ADEA”), which prohibits age discrimination in employment; • the Older Worker’s Benefit Protection Act; • Title VII of the Civil Rights Act of 1964, as amended, which prohibits retaliation and discrimination in employment based on race, color, national origin, religion or sex; • the Family and Medical Leave Act; • the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended; • the Fair Labor Standards Act (“FLSA”); • the New York Human Rights Law (“NYHRL”); • the New York Executive Law; • the New York Labor Law; • any other federal, state or local law or regulation prohibiting employment discrimination; • claims for wrongful discharge, whether based on claimed violations of statute or based on claims in contract or tort, common law or equity; • claims for failure to pay wages due or other moneys owed (including claims for unpaid vacation pay); • claims of fraud, misrepresentation, defamation, interference with prospective economic advantage; • claims of intentional or negligent infliction of emotional distress; and • claimed violations of any other federal, state, civil or human rights law, or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or public policy, contract, or tort, or common law having any bearing whatsoever on the terms and conditions and/or cessation of employment with the Company, including but not limited to, any allegations for costs, fees or other expenses, including attorneys’ fees, incurred in these matters which you ever had, now have, or may have as of the date you execute this release. With the sole exception of a claim under the Older Workers Benefit Protection Act (“OWBPA”), which is discussed in the next paragraph below, you agree not to initiate any legal action, charge or complaint (“action”) against the Company in any forum whatsoever and to immediately discontinue any such action previously commenced. Further, to the extent any such action has been or is brought, you expressly waive any claim to any form of monet...
Release and Waiver of All Claims. You waive any limitation on this release under California Civil Code Section 1542 which provides that a general release does not extend to claims which a person does not know or suspect to exist in his favor at the time of executing the release which, if known, must have materially affected his/her decision to grant the release. In consideration of the benefits provided in the Amended Executive Employment Agreement, you release Symantec, and any and all past, current and future parent, subsidiary, related and affiliated companies, predecessors and successors thereto, as well as their officers, directors, shareholders, agents, employees, affiliates, representatives, attorneys, insurers, successors and assigns, from any and all claims, liability, damages or causes of action whatsoever, whether known or unknown, which exist or may in the future exist arising from or relating to events, acts or omissions on or before the Effective Date of this Agreement, other than those rights which as a matter of law cannot be waived, the rights, payments and benefits reserved or owed you under the Amended Executive Employment You understand and acknowledge that this release includes, but is not limited to any claim for reinstatement, re-employment, damages, attorney fees, stock options, bonuses or additional compensation in any form, and any claim, including but not limited to those arising under tort, contract and local, state or federal statute, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Labor Standards Act, the Family Medical Leave Act of 1993, the Uniformed Services Employment and Re-employment Rights Act, the Employee Retirement Income Security Act of 1974, and the civil rights, employment, and labor laws of any state and any regulation under such authorities relating to your employment or association with Symantec or the termination of that relationship. You also acknowledge that you are waiving and releasing any rights you may have under the Age Discrimination in Employment Act (ADEA) and that this waiver and release is knowing and voluntary. You acknowledge that (1) you have been, and hereby are, advised in writing to consult with an attorney prior to executing this Agreement; (2) as considerat...
Release and Waiver of All Claims. A. I hereby agree that I fully and forever discharge, waive and release any and all claims and causes of action of any kind that I may have had or now have against Covad Communications Group, Inc., and any of its affiliates, predecessors, successors, parents, subsidiaries or assigns and any of their respective officers, directors, agents, employees, and representatives (collectively, the "COMPANY" or "COVAD") arising out of or relating in any way to (1) my employment with the Company and the termination thereof, including but not limited to claims of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, infliction of emotional distress, claims for unpaid wages, salaries and commissions, claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Labor Code including Section 1197.5 thereof, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), WARN, and any other local, state and federal laws and regulations relating to employment, except any claims I may have for unemployment and workers' compensation insurance benefits.
B. I hereby agree that I fully and forever waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the Civil Code of the State of California, or analogous law of any other state, which states as follows:
Release and Waiver of All Claims against Sector Manager; Indemnification and Hold Harmless.
Release and Waiver of All Claims. You waive any limitation on this release under California Civil Code Section 1542 which provides that a general release does not extend to claims which a person does not know or suspect to exist in his favor at the time of executing the release which, if known, must have materially affected his/her decision to grant the release. In consideration of the benefits provided in this Agreement, you release Symantec, and any and all past, current and future parent, subsidiary, related and affiliated companies, predecessors and successors thereto, as well as their officers, directors, shareholders, agents, employees, affiliates, representatives, attorneys, insurers, successors and assigns, from any and all claims, liability, damages or causes of action whatsoever, whether known or unknown, which exist or may in the future exist arising from or relating to events, acts or omissions on or before the Effective Date of this Agreement, other than those rights which as a matter of law cannot be waived. You understand and acknowledge that this release includes, but is not limited to any claim in for reinstatement, re-employment, damages, attorney fees, stock options, bonuses or additional compensation in any form, and any claim, including but not limited to those arising under tort, contract and local, state or federal statute, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Labor Standards Act, the Family Medical Leave Act of 1993, the Uniformed Services Employment and Re-employment Rights Act, the Employee Retirement Income Security Act of 1974, and the civil rights, employment, and labor laws of any state and any regulation under such authorities relating to your employment or association with Symantec or the termination of that relationship. The payments and benefits set forth in this Agreement are in full satisfaction of any and all accrued salary, vacation pay, bonus pay, profit-sharing, termination benefits or other compensation to which you may be entitled by virtue of your employment with Symantec or your termination from employment, including any payments or benefits provided for under your Employment Agreement. You understand that notwithstanding any provisions and covenants in this Paragraph,...
Release and Waiver of All Claims. (a) Ms. King, on her own behalf and that of her heirs, representxxxxxx, executors, attorneys, administrators, successors, and assigns, fully releases and discharges the Company, the Bank, their predecessors, successors, subsidiaries, affiliates, and assigns, and its and their directors, officers, employees and agents, whether in their individual or official capacities, and the current and former trustees or administrators of any retirement or other benefit plan applicable to the employees or former employees of the Company, in their official and individual capacities, from any and all liability, claims and demands, including, but not limited to, claims, demands or actions arising under the Company's and the Bank's policies and procedures, whether formal or informal; the United States or State of Indiana Constitutions; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Indiana Civil Rights Act; the Employee Retirement Income Security Act of 1974, as amended; the Age Discrimination in Employment Act, as amended; the Americans With Disabilities Act, as amended; Executive Order 11246; and any other federal, state or local statute, ordinance or regulation with respect to employment, and in addition thereto, from any other claims, demands or actions with respect to Ms. King's employment with the Company or the Bank or other xxxxxxxxxxn with the Company or the Bank, including, but not limited to, Ms. King's termination from employment with the Company and xxx Xxxx, the Employment Agreement, any right of payment for disability or any other statutory or contractual right of payment or any claim for relief on the basis of any alleged tort or breach of contract under the common law of the State of Indiana or any other state including, but not limited to, defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel and negligence. This release shall not apply to any claim based on any act that occurs after the Effective Date or to bar any claim for enforcement of the rights under this Agreement.
(b) Based on Ms. King's representations and warranties contained in SECTIXX 0, xxx Company and the Bank, on behalf of themselves and their respective directors, officers, successors and assigns, hereby release and discharge Ms. King and her heirs, representatives, executors, attorneyx, xxxxxistrators, successors and assigns, from any and all liability, cla...
Release and Waiver of All Claims. Executive, and for Executive’s heirs, executors, and assigns, does hereby discharge and release the Company, its predecessors and affiliates, including, but not limited to, Dxxx Foods Company, its shareholders, representatives, agents, associates, servants, employees, attorneys, officers, directors, trustees, successors and assigns, from any and all liability or responsibility for all grievances, disputes, actions, and claims at law or equity, sounding in contract or tort, whether under any state or federal statutory or common law, arising out of or related in any way to Executive’s employment with and termination from employment with the Company, including, but not limited to, claims for wrongful discharge, unlawful discrimination, retaliation, breach of contract (express or implied), intentional or negligent infliction of emotional distress, negligence, defamation, duress, fraud, or misrepresentation, any violation of the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974, the Equal Pay Act of 1963, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the Americans with Disabilities Act, the National Labor Relations Act, Texas Labor Code, any claim based upon the Dxxx Foods 401(k) Plan or any deferred compensation plan maintained on behalf of the Company’s employees, the laws of any state, and all claims under related common law, statutes, and executive orders at the federal, state and local levels of government, and any claims to any benefits from employment with the Company, other than those benefits enumerated herein or those benefits to which Executive is entitled by law. For good and valuable consideration, the Company irrevocably and unconditionally releases and forever discharges Executive and his executors, heirs, administrators, assigns, legal and financial advisors, servants, agents, and anyone else claiming by, through, or under him (the “Executive Released Parties”) from, and with respect to, any and all debts, demands, actions, causes of action, suits, covenants, contracts, damages, and any and all claims, demands, liabilities, and expenses (including attorneys’ fees and costs) whatsoever both in law and in equity which the Company now has, ever had, or may in the future have against the Executive Released Parties by reason of any matter, cause, or thing which has happened, developed, or occurred in connection with his actions as an e...
Release and Waiver of All Claims. (a) Except for La Victoria's specific obligations to Tanklage under this Termination Agreement, by execution of this Termination Agreement, Tanklage, for himself, his legal representatives, heirs and beneficiaries, forever releases La Victoria, its predecessors, successors, parent companies, subsidiaries and affiliates, and their respective officers, directors, employees, owners, shareholders, agents and successors, from liability for any and all claims, injuries, economic losses, damages, and causes of action of any kind, both past and present, known or unknown, related to his employment by La Victoria and/or the termination of his employment, and forever waives any and all rights he may have in connection with such matters. Tanklage understands and agrees that this Release and Waiver of All Claims includes, but is not limited to, claims or causes of action arising under the Employee Retirement Income Security Act of 1974, and any other state or federal statute regulation or the common law (contract, tort or other), relating in any way to his employment and/or the termination of his employment with La Victoria. Tanklage understands and specifically agrees that this Termination Agreement and the consideration Tanklage will receive hereunder constitute a complete settlement, compromise and release with respect to such matters and an absolute bar to any and all claims Tanklage has or may have with respect to such matters against La Victoria or the other entities or persons identified herein, whether or not the same be presently known or suspected. Notwithstanding any provision in this paragraph 4 to the contrary, nothing in this paragraph 4 shall in any way limit Tanklage's right to indemnification as an officer or director of La Victoria in accordance with La Victoria's bylaws, articles of incorporation or applicable law.
(b) Tanklage covenants and agrees not to bring or join any lawsuit or file a charge or claim against La Victoria (including its predecessors, successors, parent companies, subsidiaries and affiliates, and their respective officers, directors, employees, owners, shareholders, agents and successors) in any court or before any government agency relating to his employment and/or the termination of his employment. Moreover, Tanklage shall defend, indemnify and hold harmless La Victoria, including its predecessors, successors, parent companies, subsidiaries and affiliates, and their respective officers, directors, employees, owners, shareholders...
Release and Waiver of All Claims. In exchange for the Separation Payment and other good and valuable consideration set forth herein, Employee hereby releases and discharges Paychex, its present and former officers, directors, employees, representatives, agents, subsidiaries, affiliates, benefit plans and their plan administrators, successors and assigns and their respective directors, officers, employees and agents (hereinafter collectively referred to as the “Releasees”), both individually and in their official capacity, from all claims, actions and causes of action of any kind, which he, or his agents, executors, heirs, or assigns ever had, now have, or may have, whether known or unknown, as a result of his employment by, or separation from employment with, Paychex from the beginning of time through the date this Agreement is executed. This includes, but is not limited to, any claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981 et seq., the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act the Family and Medical Leave Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, the New York State Human Rights Law, New York State Labor Law, all the foregoing as amended, or any other claims of employment discrimination, wrongful termination, claim for wages, or breach of contract under federal, state or local laws, insofar as release of such claims is allowed by law.
