Common use of Release and Waiver of Claims and Covenant Not to Xxx Clause in Contracts

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter “Qwest”), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with Qwest; · all claims arising out of your Employment Agreement or any other agreements between you and the Company, except as specifically set forth herein; · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys’ fees; · any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 4 contracts

Samples: Employment Agreement, Employment Agreement (Qwest Communications International Inc), Employment Agreement (Qwest Communications International Inc)

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Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter "Qwest"), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement or any other agreements between you and the Company, (except as specifically set forth hereinfor claims arising under this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys' fees; · • any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; • any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers' compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement company or applicable state law; and (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 4 contracts

Samples: Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter “Qwest”), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement or any other agreements between you and the Company, (except as specifically set forth hereinfor claims arising under this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys’ fees; · any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; · any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement company or applicable state law; and (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 2 contracts

Samples: Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter “Qwest”), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement or any other agreements between you and the Company, (except as specifically set forth hereinfor claims arising under this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys’ fees; · • any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; • any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement company or applicable state law; and (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 2 contracts

Samples: Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter “Qwest”), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement or any other agreements between you and the Company, (except as specifically set forth hereinfor claims arising under this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys’ fees; · any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; · any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification or advancement to the extent permitted or required by the bylaws of a Qwest company, your Employment Severance Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Severance Agreement and any other provision of your Employment Severance Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Waiver and Release Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 1 contract

Samples: Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you Employee hereby release releases and discharge discharges, and covenant covenants not to xxx, Qwest Communications International Inc.Qwest, any present or former subsidiary or affiliated Company, any predecessor or successor, as defined in the Severance Agreement and the directors, officers, employees, shareholders General Release (and agents of any or all each of them, (hereinafter “Qwest”), ) from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or judgments, actions, causes of action action, suits, promises, acts, omissions, defenses (including, without limitation, recoupment and setoff), costs and expenses (including, without limitation, attorneys' fees) (a) arising under or based on the Age Discrimination in Employment Act, as amended, whether known or unknown, suspected or unsuspected, arising from acts, omissions or events occurring before Employee's execution of this Separation Date Release Agreement, and (b) of any kind whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, arising from acts, omissions or events occurring after Employee's execution of the Severance Agreement and General Release and before Employee's execution of this Separation Date Release Agreement, including specifically but not exclusively: · • any and all alleged claims relating to or arising out of your Employee's employment with QwestEmployer, including but not limited to, any alleged claims for wages or salary; · • any and all alleged claims arising out of your Employment Agreement the Qwest Management Separation Plan; • any and all alleged claims for promissory estoppel or unjust enrichment, and any other agreements between you and the Company, except as specifically set forth herein; · all alleged claims relating to or arising from out of Employee's services or any claimed breach of an alleged oral or written employment contract, quasi-contractscontract, or implied contracts, payment for services, wages or salary and/or promissory estoppelcontract; · any and all alleged tort claims; · any and all alleged claims for libel and/or slander; · • any and all claims relating to purported employment discrimination or civil rights violations or arising under from any federal federal, state or state employment statutes local statutes, laws or ordinances, including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amendedamended ("ERISA"); or any other applicable federal, state or local statute or ordinance, and including claims for attorneys’ fees' fees and/or dispute resolution costs; · • any and all claims for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after the Separation Date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans, such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Employer-related or U S WEST-related entity and all benefits thereunder; • any and all claims which you Employee might have or assert against Qwest (or any of them) (1) by reason of your Employee's employment with Employer and/or the termination of employment from Qwest with Employer and all circumstances related thereto; or (2) by reason of any other matter, cause, event, act or dispute omission whatsoever between you Employee and Qwest which (or any of them) that arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the Employee's execution of this Separation Date Release Agreement; · your and • Employee's right to seek individual relief on your his own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of Employee's employment with QwestEmployer, or the termination thereof of said employment. This Section 2 does not apply to: (1) any claim Employee may make under applicable state unemployment compensation laws, (2) any claim Employee may make under applicable workers' compensation statutes, (3) any claim Employee may make, or right Employee may have, for indemnification to the extent provided by the bylaws or articles of incorporation of Employer, any agreement or plan or applicable law; (4) any claim Employee may make, or right Employee may have, with regard to director's and officer's liability insurance coverage, (5) Employee's rights under this Separation Date Release Agreement, and (6) claims which arise after the Separation Date.

Appears in 1 contract

Samples: Separation Date Release Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter “Qwest”), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement (except for claims arising under this Agreement or from Qwest’s failure to pay any other agreements between amount due to you and under the Company, except as specifically set forth hereinterms of the Severance Agreement after the date of this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys’ fees; · any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; · any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement company or applicable state law; and (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 1 contract

Samples: Severance Agreement (Qwest Communications International Inc)

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Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you Employee hereby release releases and discharge discharges, and covenant covenants not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor or successor, (and the directors, officers, employees, shareholders and agents of any or all each of them, (hereinafter “Qwest”), ) from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or judgments, actions, causes of action action, suits, promises, acts, omissions, defenses (including, without limitation, recoupment and setoff), costs and expenses (including, without limitation, attorneys' fees) of any kind whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, including specifically but not exclusively: · • any and all alleged claims relating to or arising out of your Employee's employment with QwestEmployer, including but not limited to, any alleged claims for wages or salary; · • any and all alleged claims arising out of your Employment Agreement for promissory estoppel or unjust enrichment, and any other agreements between you and the Company, except as specifically set forth herein; · all alleged claims relating to or arising from out of Employee's services or any claimed breach of an alleged oral or written employment contract, quasi-contractscontract, or implied contracts, payment for services, wages or salary and/or promissory estoppelcontract; · any and all alleged tort claims; · any and all alleged claims for libel and/or slander; · • any and all claims relating to purported employment discrimination or civil rights violations or arising under from any federal federal, state or state employment statutes local statutes, laws or ordinances, including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amendedamended ("ERISA"); or any other applicable federal, state or local statute or ordinance, and including claims for attorneys’ fees' fees and/or dispute resolution costs; · the sole exception to this provision being claims under the Age Discrimination in Employment Act of 1967, as amended, discussed in Section 15 below; • any and all claims for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after the Separation Date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans, such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Employer-related or U S WEST-related entity and all benefits thereunder; • any and all claims which you Employee might have or assert against Qwest (or any of them) (1) by reason of your Employee's employment with Employer and/or the termination of employment from Qwest with Employer and all circumstances related thereto; or (2) by reason of any other matter, cause, event, act or dispute omission whatsoever between you Employee and Qwest which (or any of them) that arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the Employee's execution of this Agreement; · your and • Employee's right to seek individual relief on your his own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of Employee's employment with QwestEmployer, or the termination thereof of said employment. This Section 2 does not apply to: (1) any claim Employee may make under applicable state unemployment compensation laws, (2) any claim Employee may make under applicable workers' compensation statutes, (3) any claim Employee may make, or right Employee may have, for indemnification to the extent provided by the bylaws or articles of incorporation of Employer, any agreement or plan or applicable law; (4) any claim Employee may make, or right Employee may have, with regard to director's and officer's liability insurance coverage, (5) Employee's rights under this Agreement, and (6) claims which arise after the Separation Date.

Appears in 1 contract

Samples: Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you hereby release and discharge and covenant not to xxx, Qwest Communications International Inc., any present or former subsidiary or affiliated Company, any predecessor (including U S WEST and all its affiliates) or successor, and the directors, officers, employees, shareholders and agents of any or all of them, (hereinafter "Qwest"), from any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or causes of action of any kind whatsoever, including specifically but not exclusively: · all claims relating to or arising out of your employment with QwestQwest and/or U S WEST; · all claims arising out of your Employment Severance Agreement or any other agreements between you and the Company, (except as specifically set forth hereinfor claims arising under this Agreement); · all claims relating to or arising from any claimed breach of an alleged oral or written employment contract, quasi-contracts, implied contracts, payment for services, wages or salary and/or promissory estoppel; · any alleged tort claims; · any claims for libel and/or slander; · all claims relating to purported employment discrimination or civil rights violations or arising under any federal or state employment statutes including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amended; or any other applicable federal, state or local statute or ordinance, including claims for attorneys' fees; · • any claim for any disability payments under the Qwest Disability Plan or Qwest Pension Plan after your termination date. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Qwest or U S WEST entity and all benefits thereunder; • any and all claims which you might have or assert against Qwest (1) by reason of your employment with and/or termination of employment from Qwest and all circumstances related thereto; or (2) by reason of any other matter, cause, or dispute whatsoever between you and Qwest which arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers' compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Severance Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Severance Agreement and any other provision of your Employment Severance Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the execution of this Waiver and Release Agreement; · your right to seek individual relief on your own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your employment or termination of employment with Qwest.

Appears in 1 contract

Samples: Severance Agreement (Qwest Communications International Inc)

Release and Waiver of Claims and Covenant Not to Xxx. As a free and voluntary act, you Employee hereby release releases and discharge discharges and covenant covenants not to xxx, Qwest Communications International Inc.Employer, any its past, present or former subsidiary or affiliated Companyand future subsidiaries, any predecessor or successoraffiliates, predecessors (including, without limitation, U S WEST, Inc. and its subsidiaries and affiliates), divisions, successors, and the assigns, and, in such capacities, their respective directors, officers, employees, shareholders contractors, shareholders, partners, representatives and agents of any or all of them, (hereinafter “individually and collectively referred to herein as "Qwest"), from in connection with any and all debts, obligations, claims, liability, damages, punitive damages, demands, judgments and/or judgments, actions, causes of action action, suits, promises, acts, omissions, defenses (including, without limitation, recoupment and setoff), costs and expenses (including, without limitation, attorneys' fees) of any kind whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, including specifically but not exclusively: · • any and all alleged claims relating to or arising out of your Employee's employment with QwestEmployer, including but not limited to, any alleged claims for wages or salary; · • any and all alleged claims arising out of your Employment Agreement for promissory estoppel or unjust enrichment, and any other agreements between you and the Company, except as specifically set forth herein; · all alleged claims relating to or arising from out of Employee's services or any claimed breach of an alleged oral or written employment contract, quasi-contractscontract, or implied contracts, payment for services, wages or salary and/or promissory estoppelcontract; · any and all alleged tort claims; · any and all alleged claims for libel and/or slander; · • any and all claims relating to purported employment discrimination or civil rights violations or arising under from any federal federal, state or state employment statutes local statutes, laws or ordinances, including, without limitation, claims under the Age Discrimination in Employment Act of 1967, as amended, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981, § 1981a, § 0000, § 1985, or § 1988; claims under the Family and Medical Leave Act of 1993; claims under the Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Act of 1973; claims under the Fair Labor Standards Act of 1938, as amended; claims under the Worker Adjustment and Retraining Notification Act; claims under the Colorado Anti-Discrimination Act; and claims under the Employee Retirement Income Security Act of 1974, as amendedamended ("ERISA"); or any other applicable federal, state or local statute or ordinance, and including claims for attorneys’ fees' fees and/or dispute resolution costs; · • any and all claims for any disability payments under the Qwest Disability Plan or Qwest Pension Plan. The reference to the Qwest Disability Plan and Qwest Pension Plan includes any successor or predecessor of such plans, such as the former Sickness and Accident Disability Plan or Long Term Disability Plan of any Employer-related or U S WEST-related entity and all benefits thereunder; • any and all claims which you Employee might have or assert against Qwest (or any of them) (1) by reason of your Employee's employment with Employer and/or the termination of employment from Qwest with Employer and all circumstances related thereto; or (2) by reason of any other matter, cause, event, act or dispute omission whatsoever between you Employee and Qwest which (or any of them) that arose prior to the effective date of this Agreement. This Agreement excludes any claims you may make under (1) the applicable state unemployment compensation laws, (2) applicable workers’ compensation statutes, (3) for indemnification to the extent permitted or required by the bylaws of a Qwest company, your Employment Agreement or applicable state law; (4) claims as a shareholder of Qwest; (5) the right to enforce the severance and benefit continuation provisions of your Employment Agreement and any other provision of your Employment Agreement that by its terms extends beyond your termination of employment; (6) claims for vested employee benefits; and (7) claims which arise after the Employee's execution of this Agreement; · your and • Employee's right to seek individual relief on your Employee's own behalf for any charges of discrimination filed with any federal, state or local agency, pending or otherwise, arising from or related to your Employee's employment with Employer, or the termination of Employee's employment with QwestEmployer. This Section 2 does not apply to: (1) any claim Employee may make under applicable state unemployment compensation laws, (2) any claim Employee may make under applicable workers' compensation statutes, 3) Employee's rights under this Agreement, (4) claims which arise after the date of Employee's execution of this Agreement; (5) any claim Employee may make, or right Employee may have, for indemnification to the extent authorized or required by the bylaws, articles of incorporation, operating agreement or any other agreement, plan, procedure or policy of Employer or any other parent, subsidiary or affiliated entity, corporation or limited liability company of Employer (including but not limited Qwest Communications International, Inc., Qwest Corporation and Qwest Wireless, LLC) or under applicable law; and (6) any claim Employee may make, or right Employee may have with regard to director's and officer's liability insurance coverage, or fiduciary insurance coverage.

Appears in 1 contract

Samples: Severance Agreement (Qwest Communications International Inc)

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