Release and Waiver of All Claims Sample Clauses

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) Executive agrees that he fully and forever discharges, waives and releases any and all claims and causes of action of any kind, known and unknown, that he has or may have against the Company, including any of its officers, directors, agents, employees, affiliates, representatives, predecessors, successors and assigns, arising out of or relating in any way to his employment, status and responsibility as President and Chief Financial Officer of the Company, and any and all acts or omissions occurring on or before December 11, 1998, 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, age discrimination under 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, and any other local, state and federal laws and regulations relating to employment. (b) Executive agrees that he fully and forever waives any and all rights and benefits conferred upon him by the provisions of Section 1542 of the Civil Code of the State of California, which states as follows:

Release and Waiver of All Claims against Sector Manager; Indemnification and Hold Harmless.

Release and Waiver of All Claims. You understand and acknowledge that you waive any limitation on this release under Florida Law to the extent Florida law allows. In consideration of the benefits and considerations provided in this Agreement, you release WTG, 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. Further, 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. Additionally, you understand and acknowledge the release of you and your agents, spouse, trustees, heirs, executors, administrators, legal representatives, successors and assigns, for and in consideration of the payment(s) the Executive shall receive in exchange for this release, and intending to be legally bound, does hereby remise, release and forever discharge the Company, its predecessors, successors and assigns, as well as its current, former and future officers, directors, shareholders, employees, trustees, agents, insurers, attorneys and affiliated persons and entities, as well as the Company’s employee benefit plans and their respective administrators, trustees, functionaries, and fiduciaries, and all persons acting by, through, under, or in concert with any of them (collectively “Releasees”), of and from any and all manner of actions and causes of action, suits, debts, obligations, claims and demands, whatsoever in law or in equity, known or unknown, fixed or contingent, which the Executive may have or claims to have or ever had, now has, or hereafter may have, arising on or before the date of this Agreement, and/or based on alleged acts or omissions that occurred on or before the date of this Agreement. This includes without limitation, any claims against Releasees arising under the Age Discrimination in Employment ...

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. Consultant, and for Consultant’s heirs, executors, and assigns, does hereby discharge and release the Company, its predecessors and affiliates, including but not limited to the Company, its present and former principals, owners, shareholders, representatives, associates, servants, employees, attorneys, officers, directors, trustees, successors and assigns, and agents of any of the foregoing, from any and all liability or responsibility for all grievances, disputes, actions, causes of action and claims at law or equity, sounding in contract or tort, whether under any state or federal statutory or common law and whether known or unknown, arising out of or related in any way to Consultant’s employment with and cessation of 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, the Americans with Disabilities Act of 1990, 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 Xxxxxxxx-Xxxxx Act of 2002, the Worker Adjustment Retraining and Notification Act, the National Labor Relations Act, any claim based upon the Company’s 401(k) Plan or 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 Consultant is entitled by law. In addition, Consultant represents that no incident has occurred during Consultant’s employment with the Company that could form the basis for any claim by Consultant against the Company for any work-related injury. It is the intention of the parties to make this release as broad and as general as the law permits, thus excluding claims which Consultant cannot waive by law and claims for breach of this Agreement.

Release and Waiver of All Claims. Faculty hereby waives and releases the University of North Texas System, UNT, and past and present members of its Board of Regents, officers, employees, representatives and agents, in their official and individual capacities (collectively the “Releasees”), from all claims, demands, and causes of action of any kind whether known or unknown arising from his or her employment with, separation from, or other dealings of any kind with Releasees as of the date of execution of this Agreement, including but not limited to: (i) claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Worker’s Benefit Protection Act, the Texas Commission on Human Rights Act, the Fair Labor Standards Act, the Family Medical Leave Act, the Equal Pay Act of 1963, and their amendments, and any and all other federal or state laws relating to unlawful discrimination, harassment and retaliation; (ii) defamation, due process, and other claims arising under law and equity based in tort, contract, and the constitutions of the United States and the State of Texas; and (iii) costs, expenses, and attorney’s fees of any kind.

Release and Waiver of All Claims. (a) In exchange for the Separation Payment and other good and valuable consideration set forth herein, Executive unconditionally and irrevocably releases, waives, discharges and gives up, to the full extent permitted by law, any and all Claims (as defined below) that Executive may have against the Company Group, and with respect to each of them, their 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, arising on or prior to the date of Executive’s execution and delivery of this Agreement to the Company. “Claims” means any and all actions, charges, controversies, demands, causes of action, suits, rights, and/or claims whatsoever for debts, sums of money, wages, salary, severance pay, expenses, commissions, fees, bonuses, unvested stock options and other forms of equity compensation, vacation pay, sick pay, fees and costs, attorneys' fees, losses, penalties, damages, including damages for pain and suffering and emotional harm, arising, directly or indirectly, out of any promise, agreement, offer letter, contract, understanding, common law, tort, the laws, statutes, and/or regulations of the State of New York or any other state and the United States, including, but not limited to, federal and state wage and hour laws (to the extent waiveable), federal and state whistleblower laws, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act (excluding COBRA), the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefit Protection Act, the Occupational Safety and Health Act, the Xxxxxxxx-Xxxxx Act of 2002, the New York Labor Laws, the New York City Human Rights Law and the New York State Human Rights Laws, as each may be amended from time to time, whether arising directly or indirectly from any act or omission, whether intentional or unintentional, insofar as release of such claims is allowed by law. This releases all Claims including those of which Executive is not aware and those not menti...