Common use of Release and Waiver of Claims Clause in Contracts

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of [date], to which you, NCI Building Systems, Inc., and NCI Group, Inc. (the “Companies”) are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of or in any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 2 contracts

Samples: Agreement (Nci Building Systems Inc), Agreement (Nci Building Systems Inc)

AutoNDA by SimpleDocs

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Amended and benefits to which you are entitled under that certain AgreementRestated Employment Agreement between me, Xxxx Xxxxx, and Xxxx Holdings LLC dated as of [date[ ], to which you, NCI Building Systems, Inc., and NCI Group, Inc. 2014 (the “Companies”) are parties (the “A&R Employment Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which are hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Xxxx Holdings LLC, Xxxx Corporation (which terms shall be deemed to include such entities and forever discharge each all subsidiary, parent and affiliated and successor companies of the Companies either such entity and any other entity in which Xxxx Corporation, Xxxx Holdings LLC or any of their respective parent entities, subsidiaries, divisionsparents or affiliates has an equity interest in excess of ten percent (10%)), limited partnerships, affiliated corporations, their respective predecessors and successors and assigns and all of their respective past and and/or present officers, directors, partners, shareholders, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with any way related to your employment with or separation from Company Releasee; (b) the Companies, to termination of any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim equity arrangement with any Company Releasee occurring or existing up to the date this Release is signed; and (d) any hire, rehire equity or future employment stock plans of any kind by the CompaniesCompany Releasee, all in each case, subject to the extent allowed by applicable law. This release provisions of paragraph 3 of this Release, below (such released claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 2 contracts

Samples: Employment Agreement (Neff Corp), Employment Agreement (Neff Corp)

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of [date]August 25, 2020, to which you, NCI Cornerstone Building SystemsBrands, Inc., and NCI GroupPly Gem Industries, Inc. (the “Companies”) are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of or in any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 2 contracts

Samples: Separation Agreement (Cornerstone Building Brands, Inc.), Agreement (Cornerstone Building Brands, Inc.)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Employment Agreement between me, Xxxxxx Xxxx, and benefits to which you are entitled under that certain Agreement, XXX Acquisition Corp. dated as of [dateMarch [ ], to which you, NCI Building Systems, Inc., and NCI Group, Inc. 2007 (the “Companies”) are parties (the “Employment Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release XXX Acquisition Corp (which term shall be deemed to include XXX Acquisition Corp and forever discharge each all subsidiary and affiliated and successor companies of the Companies XXX Acquisition Corp or other entity in which XXX Acquisition Corp or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with XXX Acquisition Corp; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with XXX Acquisition Corp occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release of claims includes, but date this Release is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimssigned; and (d) any equity or stock plans of XXX Acquisition Corp, subject to the provisions of paragraph 3 of this Release, below (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 2 contracts

Samples: Employment Agreement (Neff Corp), Employment Agreement (Neff Rental Inc)

Release and Waiver of Claims. In For and in consideration of the payments mutual covenants and benefits to obligations set forth in this Amendment and other good and valuable consideration, the receipt of which you are entitled under that certain Agreementis hereby acknowledged, dated as of [date], to which you, NCI Building Systems, Inc., Borrower and NCI Group, Inc. (the “Companies”) are parties (the “Agreement”), you Sureties each hereby waive and release and forever discharge each of the Companies and by these presents does for their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneysif any (direct or indirect), and servants each in hisitself and its predecessors, her or its capacity as suchsuccessors, affiliates and assigns, remise, release and forever discharge and hold harmless Bank, and each of themits predecessors, separately and collectively affiliates, subsidiaries (collectively, “Releasees”direct or indirect), shareholders, officers, directors, employees, agents or attorneys, successors and assigns, of and from any and against all existing manner of damages, losses, liabilities, claims, chargesexpenses (including attorneys’ fees), complaintsactions, liens, demands, no causes of actionaction (whether individual, obligationsderivative or representative), damages and liabilitieswhatsoever, in law or in equity which Borrower and/or any Surety ever had, now has, or which hereinafter can, shall or may have by reason of any matter, claim or cause of action of any kind whatsoever, from the beginning of the world to the date of this Amendment, whether known or unknown, suspected or unsuspectedincluding, whether or not mature or ripewithout limitation, that you ever had and now have against any Releasee arising out of or those relating in any way related to your employment with to: (i) the Credit Documents or separation from this Amendment, (ii) any claims (including without limitation for contribution or indemnification) which have or would have arisen out of any of the Companies, to transactions contemplated or any services performed for the Companies, to other proceedings that may have been brought or may be brought by any status, term or condition in such employment, party hereto or to any physical Credit Documents, or mental harm this Amendment, or distress any third party relating to the Credit Documents or this Amendment, or the transactions contemplated hereby or thereby, (iii) any acts, transactions, or events that are the subject matter of the Credit Documents or this Amendment, (iv) the communications and business dealings between Bank and Borrower and Sureties from such employment the beginning of communications and business dealings between Bank on the one hand and Borrower and Sureties on the other, related in any way to the Credit Documents, or non-employment this Amendment, or claim to any hirethe transactions contemplated hereby or thereby, rehire or future employment (v) the prosecution of any kind by the Companiesclaim, all to the extent allowed by applicable law. This release of claims includesdefense, but is not limited tosetoff, claims based on express counterclaim or implied contractany settlement negotiations which Borrower ever had, compensation plansnow has or which they, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort their affiliates (direct or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”indirect), or equivalent state WARN acttheir successors or assigns hereafter can, the Employee Retirement Income Security Actshall or may have against Bank, and the Xxxxxxxx-Xxxxx Act of 2002. You understand provided, however, that nothing herein shall be construed or deemed to release any covenants or agreements contained in this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableAmendment.

Appears in 1 contract

Samples: Credit Agreement (RMH Teleservices Inc)

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain the Employment Agreement, dated as of [date]September 15, 2020, to which you, NCI Building Systems, Inc., you and NCI GroupServiceMaster Global Holdings, Inc. (the “CompaniesCompany”) are parties (the “Employment Agreement”), you hereby waive and release and forever discharge each of the Companies Company and their its respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of action arising out of or in any way related to your employment with or separation from the CompaniesCompany, to any services performed for the CompaniesCompany, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the CompaniesCompany, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableirrevocable (the “Start Date”). However, nothing in this Agreement prevents you from making any reports to or receiving any awards from the SEC or OSHA based upon the your reporting of violations of laws or regulations containing whistleblower provisions.

Appears in 1 contract

Samples: Employment Agreement (Servicemaster Global Holdings Inc)

Release and Waiver of Claims. 1. In consideration of for the payments and benefits to which you are entitled provided for under that certain Agreementthe Letter Agreement between me, dated as of [date], to which you, NCI Building Systems, Inc.Xxxxxx X. Xxxxx, and NCI GroupARAMARK Corporation dated January 10, Inc. 2011 (the “CompaniesLetter Agreement”) are parties and the Agreement Relating to Employment and Post-Employment Competition between me, Xxxxxx X. Xxxxx, and ARAMARK Corporation dated July 18, 2007 (the Post Employment Competition Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release ARAMARK (which term shall be deemed to include ARAMARK Holdings Corporation and forever discharge each all subsidiary and affiliated and successor companies of the Companies ARAMARK Holdings Corporation or other entity in which ARAMARK Holdings Corporation or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with ARAMARK; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with ARAMARK occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release Effective Date of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsSeparation; and (d) any equity or stock plans of ARAMARK (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Letter Agreement (Aramark Corp)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Letter Agreement between me, Xxxx X. Xxxx, and benefits Xxxxxxx dated August 25, 2019 (the “Letter Agreement”) and the Agreement Relating to Employment and Post-Employment Competition between me, Xxxx X. Xxxx, and Aramark Corporation dated May 7, 2012, as amended June 25 2013 (“Post Employment Competition Agreement”), and for other good and valuable consideration, the receipt and sufficiency of which you are entitled under that certain Agreementis hereby acknowledged, dated as I hereby agree on behalf of [date]myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Aramark (which youterm shall be deemed to include Aramark Corporation, NCI Building SystemsAramark Services, Inc., and NCI Groupall subsidiary and affiliated and successor companies or other entities in which Aramark or Aramark Services, Inc. Inc., or their subsidiaries or affiliates has or had an equity interest in excess of ten percent (10%)), and their predecessors and successors and all of their respective past and/or present officers, directors, partners, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers, shareholders, bondholders, clients, customers, suppliers, distributors, subcontractors, joint-venture partners, consultants and fiduciaries in their individual and/or representative capacities (hereinafter collectively referred to as the “Companies”) are parties (the “AgreementAramark Releasees”), you hereby waive and release and forever discharge each of to the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”)fullest extent permitted by law, from any and all existing claims, charges, complaints, liens, demands, causes of actionaction and claims whatsoever, obligationswhich I or my heirs, damages executors, administrators, successors and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you assigns ever had and or now have against the Aramark Releasees or any Releasee arising out of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with Aramark; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with Aramark occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsRetirement Date; and (d) any equity or stock plans of Aramark (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Letter Agreement and General Release (Aramark)

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of [date], to which you, NCI Building Systems, Inc., and NCI Group, Inc. (the “Companies”a) are parties (the “Agreement”), you Employee hereby waive and release absolutely and forever discharge releases, relieves and discharges the Company and each of the Companies its past, present and their respective parent entitiesfuture partners, subsidiariesowners, divisionsstockholders, limited partnershipspredecessors, affiliated corporationssuccessors, successors and assigns and their respective past and present assigns, heirs, agents, directors, managers, officers, stockholders, partners, agents, employees, insurersrepresentatives, attorneys, subsidiaries and servants all other persons, firms and corporations acting by, through or in concert with any of them or with whom any of them is now or may hereafter be affiliated (each in his, her or its capacity as such, and each of them, separately and collectively (collectively, ReleaseesReleased Party), ) from any and all existing claims, charges, complaints, liens, demands, manner of actions and causes of action, at law or in equity, rights, suits, debts, liens, contracts, agreements, promises, liabilities, claims, counterclaims, demands, obligations, damages accounts, reckonings, deficiencies, guarantees, damages, losses, costs and liabilitiesexpenses (including, without limitation, legal fees) of every kind or character whatsoever, whether known or unknown, suspected or unsuspected, whether or not mature or ripeto mature in the future, that you ever had and disclosed, or undisclosed, concealed or hidden, fixed or contingent, which, as of the Effective Date of this Agreement, Employee had, now has, or may hereafter have or claim to have against any Releasee Released Party (collectively, “Claims”) by reason of any matter, cause or thing whatsoever, from the beginning of time, through and including the date hereof, including, without limitation, any and all Claims arising out of of, or which hereafter may be alleged or claimed to arise out of, or which hereafter may be alleged or claimed to arise out of, or be in any way related to your employment with connected with, either directly or separation from the Companiesindirectly, to any services performed for the Companiesand all agreements, to any status, term whether written or condition in such employmentoral, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment other form of any kind by affiliation between Employee and the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinancesCompany, including but not limited to Title VII of the Civil Rights Act of 1964any stock option agreement or plan, all provisions contained in any offer letter, if any, the Civil Rights Act of 1991Employment Agreement, and any severance pay pursuant to any company policy, up to and including the Americans with Disabilities Act, Effective Date (hereinafter collectively referred to as the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Employment and General Release Agreement (Abovenet Inc)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Amended and benefits Restated Agreement Relating to Employment and Post-Employment Competition between me, Xxxx X. Xxxxxxx, and Aramark Corporation dated July 16, 2020, as amended from time to time (the “Post Employment Competition Agreement”), and for other good and valuable consideration, the receipt and sufficiency of which you are entitled under that certain Agreementis hereby acknowledged, dated as I hereby agree on behalf of [date]myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Aramark (which youterm shall be deemed to include Aramark Corporation, NCI Building SystemsAramark Services, Inc., and NCI Groupall subsidiary and affiliated and successor companies or other entities in which Aramark or Aramark Services, Inc. Inc., or their subsidiaries or affiliates has or had an equity interest in excess of ten percent (10%)), and their predecessors and successors and all of their respective past and/or present officers, directors, partners, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers, shareholders, bondholders, clients, customers, suppliers, distributors, subcontractors, joint-venture partners, consultants and fiduciaries in their individual and/or representative capacities (hereinafter collectively referred to as the “Companies”) are parties (the “AgreementAramark Releasees”), you hereby waive and release and forever discharge each of to the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”)fullest extent permitted by law, from any and all existing claims, charges, complaints, liens, demands, causes of actionaction and claims whatsoever, obligationswhich I or my heirs, damages executors, administrators, successors and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you assigns ever had and or now have against the Aramark Releasees or any Releasee arising out of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with Aramark; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with Aramark occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release date of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants my termination of good faith employment with Aramark and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsthe other Releasees; and (d) any equity or stock plans of Aramark (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Aramark Agreement (Aramark)

Release and Waiver of Claims. In For and in consideration of the payments mutual covenants and benefits to obligations set forth in this Amendment and other good and valuable consideration, the receipt of which you are entitled under that certain Agreementis hereby acknowledged, dated as of [date], to which you, NCI Building Systems, Inc., Borrower and NCI Group, Inc. (the “Companies”) are parties (the “Agreement”), you Sureties each hereby waive and release and forever discharge each of the Companies and by these presents does for their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneysif any (direct or indirect), and servants each in hisitself and its predecessors, her or its capacity as suchsuccessors, affiliates and assigns, remise, release and forever discharge and hold harmless Bank, and each of themits predecessors, separately and collectively affiliates, subsidiaries (collectively, “Releasees”direct or indirect), shareholders, officers, directors, employees, agents or attorneys, successors and assigns, of and from any and against all existing manner of damages, losses, liabilities, claims, chargesexpenses (including attorneys’ fees), complaints, liens, demandsactions, causes of actionaction (whether individual, obligationsderivative or representative), damages and liabilitieswhatsoever, in law or in equity which Borrower and/or any Surety ever had, now has, or which hereinafter can, shall or may have by reason of any matter, claim or cause of action of any kind whatsoever, from the beginning of the world to the date of this Amendment, whether known or unknown, suspected or unsuspectedincluding, whether or not mature or ripewithout limitation, that you ever had and now have against any Releasee arising out of or those relating in any way related to your employment with to: (i) the Credit Documents or separation from this Amendment, (ii) any claims (including without limitation for contribution or indemnification) which have or would have arisen out of any of the Companies, to transactions contemplated or any services performed for the Companies, to other proceedings that may have been brought or may be brought by any status, term or condition in such employment, party hereto or to any physical Credit Documents, or mental harm this Amendment, or distress any third party relating to the Credit Documents or this Amendment, or the transactions contemplated hereby or thereby, (iii) any acts, transactions, or events that are the subject matter of the Credit Documents or this Amendment, (iv) the communications and business dealings between Bank and Borrower and Sureties from such employment the beginning of communications and business dealings between Bank on the one hand and Borrower and Sureties on the other, related in any way to the Credit Documents, or non-employment this Amendment, or claim to any hirethe transactions contemplated hereby or thereby, rehire or future employment (v) the prosecution of any kind by the Companiesclaim, all to the extent allowed by applicable law. This release of claims includesdefense, but is not limited tosetoff, claims based on express counterclaim or implied contractany settlement negotiations which Borrower ever had, compensation plansnow has or which they, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort their affiliates (direct or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”indirect), or equivalent state WARN acttheir successors or assigns hereafter can, the Employee Retirement Income Security Actshall or may have against Bank, and the Xxxxxxxx-Xxxxx Act of 2002. You understand provided, however, that nothing herein shall be construed or deemed to release any covenants or agreements contained in this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableAmendment.

Appears in 1 contract

Samples: Credit Agreement (RMH Teleservices Inc)

Release and Waiver of Claims. In consideration of (a) the payments payments, benefits, and benefits other consideration to which you are entitled be provided to Executive under that certain Section 3.01(d) of the Severance Agreement, dated as (b) the acceleration of [date]vesting of all of Executive’s remaining unvested time equity (options and restricted stock units) to be effective on December 31, 2018; (c) the continued eligibility for vesting, from January 1, 2019 through and including December 31, 2020, under the terms of the relevant equity incentive plan and the Equity Agreements, of Executive’s unvested performance equity (options and shares of restricted stock); (d) the ability to exercise all vested options until the expiration date of the option, rather than the post Separation Date periods set forth in the Equity Agreements and applicable plan documents; and (e) the receipt of a grant of Holdings common stock, on or before December 31, 2018, with a value of $200,000, which yougrant shall be fully vested at the time of the grant, NCI Building Systemswhich payments, Inc.benefits and other consideration are hereby granted and will be effective on and after the Separation Date, Executive, for Executive and Executive’s family members, heirs, assigns, executors, administrators, legal representatives, and NCI Group, Inc. their respective successors and assigns (the “Companies”) are parties (the “AgreementRelated Parties”), you hereby waive and release releases and forever discharge each discharges the Company and Holdings, and all of the Companies and their respective parent entitiesparents, affiliates, subsidiaries, divisions, limited partnerships, affiliated corporations, successors divisions and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as suchjoint ventures, and each of themtheir respective officers, separately directors, employees, agents, parents, stockholders, representatives, employee benefit plans and collectively their successors and assigns (collectively, “ReleaseesCompany Entities”), from any and all existing rights, claims, charges, complaints, liens, demands, suits, causes of action, obligations, damages and liabilitiesaction of any kind or nature whatsoever, known or unknown, suspected in law or unsuspectedin equity Executive or the Related Parties ever had, whether have or not mature may have, arising at any time on or ripebefore the date hereof, that you ever had and now have against any Releasee based on or arising out of or in Executive’s dealings with any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinancesCompany Entities, including but not limited to any claims arising out of Executive’s employment with any Company Entities or the termination thereof on the Separation Date, including without limitation any claims under the Severance Agreement, the Letter Agreement, or based on any other services provided to any Company Entities by Executive. This includes a release of any and all rights, claims or demands Executive may have, whether known or unknown, under the Age Discrimination in Employment Act (“ADEA”), which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, national origin, religion or sex; the Civil Rights Act of 1991, the Americans with Disabilities Equal Pay Act, which prohibits paying men and women unequal pay for equal work; or under any other federal, state or local laws or regulations regarding employment discrimination or termination of employment. This also includes a release by Executive of any claims for wrongful discharge or discrimination under any statute, rule, regulation or under the Age Discrimination in Employment Actcommon law, the Worker Adjustment and Retraining Notification Act (“WARN”)including, or equivalent state WARN actwithout limitation, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableAct.

Appears in 1 contract

Samples: Separation and General Release Agreement (PQ Group Holdings Inc.)

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of [date], this Separation Agreement to which you, Cornerstone Building Brands, Inc., and its subsidiaries, affiliates, and related entities (including the entities known as NCI Group, Inc., NCI Building Systems, Inc., Ply Gem Industries, Inc., and NCI GroupEmployee’s hiring entity), Inc. (collectively, the “Companies”) are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of or in any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Separation Agreement (Cornerstone Building Brands, Inc.)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Agreement Relating to Employment and benefits Post-Employment Competition between me, Xxxx X. Xxxxxxx, and Aramark Corporation dated October , 2019, as amended from time to time (the “Post Employment Competition Agreement”), and for other good and valuable consideration, the receipt and sufficiency of which you are entitled under that certain Agreementis hereby acknowledged, dated as I hereby agree on behalf of [date]myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Aramark (which youterm shall be deemed to include Aramark Corporation, NCI Building SystemsAramark Services, Inc., and NCI Groupall subsidiary and affiliated and successor companies or other entities in which Aramark or Aramark Services, Inc. Inc., or their subsidiaries or affiliates has or had an equity interest in excess of ten percent (10%)), and their predecessors and successors and all of their respective past and/or present officers, directors, partners, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers, shareholders, bondholders, clients, customers, suppliers, distributors, subcontractors, joint-venture partners, consultants and fiduciaries in their individual and/or representative capacities (hereinafter collectively referred to as the “Companies”) are parties (the “AgreementAramark Releasees”), you hereby waive and release and forever discharge each of to the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”)fullest extent permitted by law, from any and all existing claims, charges, complaints, liens, demands, causes of actionaction and claims whatsoever, obligationswhich I or my heirs, damages executors, administrators, successors and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you assigns ever had and or now have against the Aramark Releasees or any Releasee arising out of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with Aramark; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with Aramark occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release date of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants my termination of good faith employment with Aramark and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsthe other Releasees; and (d) any equity or stock plans of Aramark (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Aramark Agreement (Aramark)

Release and Waiver of Claims. In consideration for the end of employment / termination benefits set forth in the payments and benefits to which you are entitled under that certain Executive Employment Agreement, dated as of [date], to which you, NCI Building Systems, Inc., and NCI Group, Inc. this form is attached (the “Companies”) are parties (the “Employment Agreement”), you including without limitation the end of employment/termination benefits set forth in Section 6 thereof, among other things, Xxxxxxx Xxxxxx (the “Executive” or “I”) and SpringBig, Inc. (and any entity controlled by, controlling, or under common control with SpringBig, Inc., the “Company”) hereby waive and enter into the following release and forever discharge each waiver of claims (the Companies “Release”). For the avoidance of doubt, nothing in this Release is intended or shall be construed to waive, release or limit in any manner the end of employment / termination benefits described in the Employment Agreement. The Executive hereby generally and completely release the Company, its present and future affiliates, and its and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors current and assigns and their respective past and present former directors, managers, officers, stockholdersemployees, shareholders, partners, agents, employeesattorneys, predecessors, successors, parent and subsidiary entities, insurers, attorneysaffiliates, family and servants each in his, her or its capacity as such, and each of them, separately and collectively assigns (collectively, the ReleaseesReleased Parties), ) of and from any and all existing claims, charges, complaints, liens, demands, causes of action, liabilities and obligations, damages both known and liabilities, known or unknown, suspected that arise out of or unsuspectedare in any way related to events, whether acts, conduct, or omissions occurring prior to or on the date that Executive signs this Release (collectively, the “Released Claims”). The Released Claims include, but are not mature or ripe, that you ever had and now have against any Releasee limited to: (i) all claims arising out of or in any way related to your the Executive’s employment with the Company, or separation the termination of that employment; (ii) all claims related to the Executive’s compensation or benefits from the CompaniesCompany, to any services performed for the Companiesincluding salary, to any statusbonuses, term or condition in such employmentretention bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or to any physical other ownership interests or mental harm or distress from such employment or nonequity-employment or claim to any hire, rehire or future employment based awards in the Company; (iii) all claims for breach of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation planswrongful termination, covenants and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, wrongful discharge, including claims for discriminationfraud, harassment defamation, emotional distress, and retaliation, discharge in violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under (v) all federal, state, and local laws, regulations and ordinancesstatutory claims, including but not limited to Title VII of claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 19641964 (as amended), the Civil Rights Act of 1991, the federal Americans with Disabilities ActAct of 1990 (as amended), the federal Family and Medical Leave Act (as amended) (the “FMLA”), the federal Age Discrimination in Employment Act, Act of 1967 (as amended) (the Worker Adjustment and Retraining Notification Act (WARNADEA”), or equivalent state WARN act, the Employee Retirement Income Security ActAct of 1974 (as amended), the National Labor Relations Act of 1935 (as amended), and any similar applicable state laws, including those of the Xxxxxxxx-Xxxxx Act State of 2002Florida and any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, and any public policy, contract, tort, or common law. You understand Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (i) any rights or claims for indemnification that Executive may have pursuant to any written indemnification agreement with the Company, the charter, bylaws, or operating agreements of the Company, or under applicable law; (ii) any rights which are not waivable as a matter of law; (iii) any claims arising from the breach of this Release; or (iv) any claims related to any Accrued Benefits or other vested benefits or any severance benefits under the Executive Employment Agreement payable or due to the Executive on account of the end of the Executive’s employment, the Executive’s termination under the terms of the Executive Employment Agreement, or the Executive’s execution of this Release. For the avoidance of doubt, nothing in this Release shall prevent Executive from challenging the validity of the Release in a legal or administrative proceeding. Nothing in this Release shall prevent the Executive from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. The Executive further understands that this release Release does not limit the Executive’s ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. While this Release does not limit the Executive’s right to receive an award for information provided to the Securities and Exchange Commission, the Executive understands and agrees that the Executive is otherwise waiving, to the fullest extent permitted by law, any and all rights the Executive may have to individual relief based upon any claims arising out of claims includes any proceeding or investigation before one or more of the Government Agencies. If any such claim is not subject to release, to the extent permitted by law, the Executive waives any right or ability to be a release class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which any of the Released Parties is a party. Notwithstanding anything to the contrary set forth herein, this Release does not abrogate the Executive’s existing rights to vested benefits under any Company benefit plan, the Executive Employment Agreement or any plan or agreement related to equity ownership in the Company. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (“ADEA Waiver”). I also acknowledge that (i) the consideration given for the ADEA Waiver is in addition to anything of value to which I was already entitled; and (ii) that, subject only to Company providing the end of employment / termination benefits described in the first paragraph of this Release, I have been paid for all known time worked, has received all the leave, leaves of absence and unknown claims leave benefits and protections for which I am eligible, and have not suffered any on-the-job injury for which I have not already filed a claim. I affirm that all of the decisions of the Released Parties regarding my pay and benefits through the date of my execution of this Release were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. I affirm that I have not filed or caused to be filed, and am not presently a party to, a claim against any of the Released Parties. I further affirm that I have no known workplace injuries or occupational diseases. I acknowledge and affirm that I have not been retaliated against for reporting any allegation of corporate fraud or other wrongdoing by any of the Released Parties, or for exercising any rights protected by law, including any rights protected by the Fair Labor Standards Act, the Family Medical Leave Act or any related statute or local leave or disability accommodation laws, or any applicable state workers’ compensation law. I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any claims that may arise after I sign this Release; (b) I should consult with an attorney prior to executing this release; (c) I have twenty-one (21) days within which to consider this release (although I may choose to voluntarily execute this release earlier); (d) I have seven (7) days following the execution of this release to revoke this Release (in a written revocation sent to the Board of Directors of the Company); and (e) this Release will not be effective until the eighth day after I sign this Release, provided that I have not earlier revoked this Release (the “Effective Date”). I will not be entitled to receive any of the benefits specified by this Release unless and until it becomes effective. In granting the release herein, which includes claims becomes irrevocable.that may be unknown to me at present, I acknowledge that I expressly waive and relinquish any and all rights and benefits under any applicable law or statute providing, in substance, that a general release does not extend to claims which a party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected the terms of such release. The parties hereby mutually agree to the exclusive jurisdiction of the 15th Judicial Circuit Court of the State of Florida or the United States District Court for the Southern District of Florida for any dispute arising hereunder. Accordingly, with respect to any such court action, I (a) submit to the personal jurisdiction of such courts; (b) consent to service of process by regular mail to my last known address; and (c) waive any other requirement (whether imposed by statute, rule of court, or otherwise) with respect to personal jurisdiction or service of process. If either party hereto commences a legal action or other proceeding against the other party hereto concerning a dispute arising from or relating to this Release outside of Florida, such commencing party will reimburse such other party for its or my reasonable attorneys’ fees, costs and expenses if such other party prevails in staying, transferring, dismissing or otherwise defending such action or proceeding based on the location of the action or proceeding, regardless of whether such fees, costs and expenses are incurred in the forum where such commencing party commenced the action or in a Florida forum. This Release constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. This Release may only be modified by a writing signed by both me and a duly authorized officer of the Company. THE EXECUTIVE: Date: Name: Xxxxxxx Xxxxxx THE COMPANY: Date: By: Its:

Appears in 1 contract

Samples: Executive Employment Agreement (SpringBig Holdings, Inc.)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Amended and benefits to which you are entitled under that certain AgreementRestated Employment Agreement between me, Xxxxxx Xxxx, and Xxxx Holdings LLC dated as of [date[ ], to which you, NCI Building Systems, Inc., and NCI Group, Inc. 2014 (the “Companies”) are parties (the “A&R Employment Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which are hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Xxxx Holdings LLC, Xxxx Corporation (which terms shall be deemed to include such entities and forever discharge each all subsidiary, parent and affiliated and successor companies of the Companies either such entity and any other entity in which Xxxx Corporation, Xxxx Holdings LLC or any of their respective parent entities, subsidiaries, divisionsparents or affiliates has an equity interest in excess of ten percent (10%)), limited partnerships, affiliated corporations, their respective predecessors and successors and assigns and all of their respective past and and/or present officers, directors, partners, shareholders, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with any way related to your employment with or separation from Company Releasee; (b) the Companies, to termination of any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim equity arrangement with any Company Releasee occurring or existing up to the date this Release is signed; and (d) any hire, rehire equity or future employment stock plans of any kind by the CompaniesCompany Releasee, all in each case, subject to the extent allowed by applicable law. This release provisions of paragraph 3 of this Release, below (such released claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Employment Agreement (Neff Corp)

Release and Waiver of Claims. 1. In consideration of for the payments and benefits to which you are entitled provided for under that certain Agreementthe letter agreement between me, dated as of [date], to which you, NCI Building Systems, Inc.Xxxxxxx Xxxxxx, and NCI GroupVisant Corporation dated December 28, Inc. 2007 (the “Companies”) are parties (the “Letter Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby enter into this Release and Waiver of Claims (the “Release”) and agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release Visant (which term shall be deemed to include Visant Holding Corp. and forever discharge each all subsidiary and affiliated and successor companies and persons of the Companies Visant Holding Corp. or other entity in which Visant Holding Corp. or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with Visant; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with Visant occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release of claims includes, but date this Release is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimssigned; and (d) any equity or stock plans of Visant, subject to the provisions of paragraph 3 of this Release, below (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Letter Agreement (Visant Corp)

AutoNDA by SimpleDocs

Release and Waiver of Claims. In consideration of the payments terms, conditions, and provisions of this Loan Agreement and the other benefits received by Company and Guarantors hereunder, Company and Guarantors hereby jointly and severally waive, release, and terminate all claims, or right to which you are entitled claim, whether known or unknown, that Agent or any Bank or any other party has charged, collected, or received usurious interest under that certain the Prior Agreement, dated as under any of [date]the documents executed under or pursuant to the Prior Agreement, or under any of the Loan Documents and hereby agree that neither Company nor any Guarantor shall have any right or power, hereby waiving any such right or power, to which youbring any claim or pursue any cause of action against Agent or any Bank based on any claim of usury. In addition, NCI Building Systemsin consideration of the terms, Inc.conditions, and NCI Groupprovisions of this Loan Agreement and the other benefits received by Company and Guarantors hereunder, Inc. (the “Companies”) are parties (the “Agreement”)Company and Guarantors, you hereby waive and release and forever discharge each of the Companies for themselves and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns assigns, further hereby jointly and severally, voluntarily and expressly, RELEASE, RELINQUISH, and FOREVER DISCHARGE Agent and Banks, as well as their respective past and present directorspredecessors, managerssuccessors, assigns, agents, officers, stockholders, partners, agentsdirectors, employees, insurersand representatives, attorneyswhether past, and servants each in hispresent, her or its capacity as suchfuture, and each of them, separately of and collectively (collectively, “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of actionliabilities, obligations, damages costs, expenses, actions, and liabilitiescauses of action of any and every kind or character, whether known or unknown, suspected present or unsuspectedfuture, whether which Company or not mature or ripe, that you ever had and now any Guarantor may have against Agent or any Releasee Bank, and/or any of their respective predecessors, successors, assigns, agents, officers, directors, employees, or representatives, arising out of or connected with, directly or indirectly, the Prior Agreement, any of the documents executed under or pursuant to the Prior Agreement, any of the Loan Documents, the Collateral, or any action taken by Agent or any Bank and/or any of their respective officers, employees, agents, directors, shareholders, or predecessors in any way relating to or connected with the Prior Agreement, any of the documents executed under or pursuant to the Prior Agreement, any of the Loan Documents, or the Collateral occurring on or before the date hereof, including any loss, cost, damage, expense, and/or detriment, of any kind or character, growing out of or in any way related to your employment connected with or separation in any way resulting from the Companiesacts, actions, or omissions of Agent, any Bank, or any of their respective predecessors, successors, assigns, agents, officers, directors, employees, and/or representatives, and including any loss, cost, damage, expense, or detriment incurred in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influenced and Corrupt Organizations Act, intentional or negligent infliction of mental duress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, liable, slander, conspiracy, any claim for wrongfully accelerating the maturity of any promissory note, or any claim for attempting to foreclose on any collateral securing any obligation. This release is freely and voluntarily given by Company and Guarantors and is made without reliance on any inducements, promises, or representations of the parties hereby released, except as herein provided. Company and Guarantors agree that Company and Guarantors will forever refrain and forebear from commencing, instituting, or prosecuting any suit, action, or other proceeding against any of the parties released hereunder based on, arising out of, or in connection with any claim, debt, liability, demand, obligations, cost, expense, action, or cause of action that is released and discharged by reason of this Loan Agreement. Company and Guarantors jointly and severally represent and warrant to Agent and Banks that neither Company nor any Guarantor has heretofore assigned or transferred, or purported to assign or transfer, to any services performed for the CompaniesPerson any claim, to any statusdebt, term or condition in such employmentliability, demand, obligation, cost, expense, action, or cause of action herein released. Company and Guarantors jointly and severally agree to any physical or mental harm or distress from such employment or non-employment or claim to any hireindemnify and hold harmless Agent and Banks and their respective predecessors, rehire or future employment of any kind by the Companiessuccessors, all to the extent allowed by applicable law. This release of claims includesassigns, but is not limited toagents, claims based on express or implied contractofficers, compensation plansdirectors, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, stateemployees, and local lawsrepresentatives, regulations and ordinanceswhether past, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”)present, or equivalent state WARN act, the Employee Retirement Income Security Actfuture, and the Xxxxxxxx-Xxxxx Act each of 2002. You understand that this release them, against any claim, debt, liability, demand, obligation, cost, expense, action, or cause of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableaction based on, arising out of, or in connection with any such transfer or assignment or purported transfer or assignment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tandycrafts Inc)

Release and Waiver of Claims. In consideration of (a) the payments and benefits to which you are entitled under that certain Agreementmodifications, dated renewals, extensions, and/or waivers as of [date], to which you, NCI Building Systems, Inc.herein provided, and NCI Group(b) the other benefits received by the Borrower hereunder, Inc. (the “Companies”) are parties (the “Agreement”)Borrower hereby releases, you hereby waive and release relinquishes and forever discharge each of discharges the Companies and their respective parent entitiesLender, subsidiariesas well as its predecessors, divisionssuccessors, limited partnershipsassigns, affiliated corporations, successors and assigns and their respective past and present directors, managersagents, officers, stockholders, partners, agentsdirectors, employees, insurersrepresentatives, attorneys, insurers, affiliates, parent corporations and servants each in hisall other persons, her entities, associations, partnerships and corporations with whom any of the former have been, are now or its capacity as such, and each of them, separately and collectively may hereafter be affiliated (collectively, the ReleaseesLender Parties), ) of and from any and all existing claims, charges, complaints, liens, demands, obligations, liabilities, actions and causes of actionaction of any and every kind, obligations, damages and liabilitiescharacter or nature whatsoever, known or unknown, suspected past or unsuspectedpresent, whether or not mature or ripe, that you ever had and now which the Borrower may have against any Releasee of the Lender Parties arising out of or with respect to (i) any right or power to bring any claim against the Lender for usury or to pursue any cause of action against the Lender based on any claim of usury, and (ii) any and all transactions and events relating to any loan documents occurring on or prior to the date hereof, including any loss, cost or damage, of any kind, character or nature whatsoever, arising out of, in any way related to your employment with connected with, or separation in any way resulting from the Companiesacts, to any services performed for the Companies, to any status, term or condition in such employmentactions, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment omissions of any kind by of the CompaniesLender Parties, all to the extent allowed by applicable law. This release of claims includesincluding, but is not limited to, claims based on express or implied contractany breach of fiduciary duty, compensation plans, covenants breach of good faith and any duty of fair dealing, wrongful dischargebreach of confidence, claims for discriminationbreach of funding commitment, harassment undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortuous interference with contractual relations, tortuous interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, and/or arising out of any attempt to collect any sums due or claimed to be due to the Lender, but in each case only to the extent permitted by Laws. [The remainder of this page is intentionally left blank and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocablesignature page follows.]

Appears in 1 contract

Samples: Secured Promissory Note (Alset Inc.)

Release and Waiver of Claims. In (a) For and in consideration of the payments mutual covenants and benefits to obligations set forth in this Agreement and other good and valuable consideration, the receipt of which you are entitled under that certain Agreementis hereby acknowledged, dated as of [date], to which you, NCI Building Systems, Inc.Borrower and each other Obligor, and NCI Groupeach of the Released Parties described in Section 11(b) below who has executed this Agreement (each, Inc. a "Releasor") hereby releases and forever discharges, and by these presents does for its subsidiaries, if any (the “Companies”) are parties (the “Agreement”direct or indirect), you hereby waive and itself and its predecessors, successors, affiliates and assigns, remise, release and forever discharge each of the Companies and their respective parent entitieshold harmless Lenders, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as suchCollateral Agent, and each of themtheir predecessors, separately and collectively affiliates, subsidiaries (collectively, “Releasees”direct or indirect), shareholders, officers, directors, employees, agents, advisor or attorneys, successors and assigns, of and from any and against all existing claimsmanner of action and actions, charges, complaints, liens, demands, cause and causes of actionaction (whether individual, obligationsderivative or representative), damages suits, debts, dues, sums of money, accounts, fees, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, damages, costs, expenses, claims and liabilitiesdemands whatsoever, in law or in equity which the Releasor ever had, now has, or which hereinafter can, shall or may have by reason of any matter, claim or cause of action of any kind whatsoever, from the beginning of the world to the date of this Agreement, whether known or unknown, suspected or unsuspectedincluding, whether or not mature or ripewithout limitation, that you ever had and now have against any Releasee arising out of or those relating in any way related to your employment with to: (i) this Agreement, the Security Agreements, the Loan Documents, the Forbearance Agreement, and any and all other Documents, (ii) any claims (including without limitation for contribution or separation from indemnification) which have or could have arisen out of any of the Companies, to transactions contemplated or any services performed for the Companies, to other proceedings that have been brought or may be brought by any status, term or condition in such employment, party hereto or to any physical Document or mental harm any third party relating to this Agreement, the Loan Documents, the Forbearance Agreement, or distress the transactions contemplated hereby or thereby, (iii) any acts, transactions, or events that are the subject matter of this Agreement, the Loan Documents, the Forbearance Agreement, or agreements related thereto, (iv) the communications and business dealings between Lenders and the Releasor from such employment the beginning of communications and business dealings between Collateral Agent and Lenders on the one hand and the Releasor on the other, related in any way to this Agreement, the Loan Documents, the Forbearance Agreement, or non-employment the transactions contemplated hereby or claim to any hirethereby, rehire or future employment (v) the prosecution of any kind by claim, defense, setoff, counterclaim or any settlement negotiations which the CompaniesReleasor ever had, all to the extent allowed by applicable law. This release of claims includesnow has or which they, but is not limited to, claims based on express their affiliates (direct or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”indirect), or equivalent state WARN acttheir successors or assigns hereafter can, the Employee Retirement Income Security Actshall or may have against Lenders, and the Xxxxxxxx-Xxxxx Act of 2002. You understand provided, however, that nothing herein shall be construed or deemed to release any covenants or agreements contained in this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableAgreement.

Appears in 1 contract

Samples: Debt Restructuring Agreement (Interiors Inc)

Release and Waiver of Claims. A. In consideration of for the payments and benefits to which you are entitled provided for under that certain Agreementthe Letter Agreement between me, dated as of [date], to which you, NCI Building Systems, Inc.Xxxxxxxxxxx X. Xxxxxxx, and NCI GroupLockheed Xxxxxx Corporation (“the Corporation” or “Lockheed”) dated November 9, Inc. 2012 (the “CompaniesLetter Agreement”) are parties (and for other good and valuable consideration, the “Agreement”)receipt and sufficiency of which is hereby acknowledged, you I hereby waive agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release and forever discharge each of the Companies and their respective parent entitiesCorporation, its successors, predecessors, subsidiaries, divisionsaffiliates, limited partnerships, affiliated corporations, successors and assigns related companies and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the “Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with the Corporation; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsservice relationship; and claims for additional compensation (c) any applicable employment, benefit, compensatory or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinancesequity arrangement, including but not limited to Title VII of the Civil Rights Act of 1964to, the Civil Rights Act Severance Benefit Plan for Certain Management Employees, with the Corporation occurring or existing up to the Effective Date of 1991, Separation (such released claims are collectively referred to herein as the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Letter Agreement (Lockheed Martin Corp)

Release and Waiver of Claims. In CPNO is making the payments hereunder and providing Rxxxx with the other valuable consideration identified in Paragraph 1 and acknowledged by Rxxxx hereby in consideration of Rxxxx’x acknowledgement and agreement with respect to Confidential Information (defined below); Rxxxx’x agreement not to compete with any Service Recipient and not to solicit any of the payments customers or employees of any Service Recipient during the time that this Agreement is in effect and benefits to which you are entitled under that certain for a one-year period following the termination of this Agreement; and Rxxxx’x acknowledgement and agreement (on behalf of himself, dated as of [date]his affiliates, to which youheirs, NCI Building Systems, Inc.agents, and NCI Groupassigns) that he knowingly, Inc. (the “Companies”) are parties (the “Agreement”)voluntarily and irrevocably releases CPNO and Copano and all of their affiliated entities and personnel, you hereby waive and release and forever discharge each of the Companies and including but not limited to their respective parent entitiespast, subsidiaries, divisions, limited partnerships, affiliated corporations, successors present and assigns and their respective past and present future directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, agents and servants each in his, her or its capacity as such, and each of them, separately and collectively employees (collectively, the ReleaseesReleased Parties), ) from any and all existing claims, chargesrights, complaints, liens, demandsactions, causes of action, obligationsdemands, damages and liabilitiessuits, agreements, obligations or liabilities of whatever kind or nature, known or unknown, suspected liquidated or unsuspectednon-liquidated, whether contingent or not mature absolute, arising out of federal, state, local or ripeat common law, that you which Rxxxx ever had and had, now has or may have against any Releasee the Released Parties, arising out of or relating in any way related to your Rxxxx’x employment with with, previous work for, or separation from from, CPNO or any of the CompaniesReleased Parties. Without limitation, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This this release and waiver of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or includes (i) all claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, ; the Civil Rights Act of 1991; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act of 1938, the Americans with Disabilities Act, as amended; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act; the Labor Management Relations Act; the Texas Commission on Human Rights Act; the Texas Workers’ Compensation Act; the Texas Labor Code; any other relevant state law; the Occupational Safety and Health Act; (ii) all other federal, the Worker Adjustment state or local constitutional, statutory or common law claims or actions that are permitted to be waived in this context and Retraining Notification Act (“WARN”)that in any way refer to or arise out of Rxxxx’x employment with, previous work for, or equivalent state WARN actseparation from CPNO or any of the Released Parties; (iii) all claims of breach of contract, sounding in tort, or of wrongful discharge; and (iv) all claims to any compensation, including but not limited to any rights to any salary, bonus or severance payments. By signing this Agreement, Rxxxx expressly agrees and understands that he is giving to the Employee Retirement Income Security Act, Released Parties a general release and waiver of any and all such claims that Rxxxx may have against any of the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableReleased Parties.

Appears in 1 contract

Samples: Retirement, Release and Consulting Services Agreement (Copano Energy, L.L.C.)

Release and Waiver of Claims. In consideration of the payments separation benefits described in Section 1 above, which benefits exceed what Employee would have been entitled to receive in the absence of this Release, Employee, on behalf of himself and benefits his family, heirs, executors, administrators, legal representatives, beneficiaries and assigns (collectively referred to which you are entitled under that certain Agreement, dated in this Release as of [date], to which you, NCI Building Systems, Inc., and NCI Group, Inc. (the Companies”) are parties (the “AgreementEmployee”), you hereby waive and release irrevocably, unconditionally and forever discharge each of releases, acquits and discharges the Companies and their respective parent entitiesCompany, subsidiariesits affiliates, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present officers, directors, shareholders, partners, members, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, representatives, agents and servants each in his, her or its capacity as suchemployees, and each of themtheir respective predecessors, separately successors and collectively assigns (collectively, the ReleaseesReleased Parties”), from any and all existing claimsdebts, chargesobligations, complaintslosses, lienscosts, demandspromises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, obligationsrights, damages and liabilities, judgments, damages, expenses, claims, counterclaims, cross-claims or demands, in law or equity, asserted or unasserted, express or implied, foreseen or unforeseen, known or unknown, suspected or unsuspected, whether liquidated or not mature unliquidated, of any kind or ripenature or description whatsoever, that you ever had and Employee had, may have had, now has, or may hereafter claim to have against any Releasee of the Released Parties relating to any event occurring or any act done or omitted to be done, from the beginning of time to the date hereof, including but not limited to any and all actions, liabilities or other claims for relief or remuneration arising out of of, or in any way related to your connected with, Employee’s employment with or separation by and/or termination of employment from the CompaniesCompany, to and any services performed for the Companiesand all claims of every kind arising under any federal, to any status, term state or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort local statutory or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, ; the Civil Virginia Human Rights Act; the federal Family and Medical Leave Act of 1991, 1993; the Americans with Disabilities Act, Act of 1990 (as amended); the Rehabilitation Act of 1973; the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act of 1967 (“WARNADEA”), or equivalent ; the Fair Labor Standards Act of 1938; state WARN act, the Employee Retirement Income Security Act, and federal whistleblower statutes (including but not limited to the Xxxxxxxx-Xxxxx Act of 2002. You understand ); the Immigration Reform and Control Act; the Occupational Health and Safety Act; the Consumer Credit Protection Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); any federal, state or local law or common law cause of action providing workers’ compensation benefits, restricting an employer’s right to terminate employees or otherwise regulating employment, enforcing express or implied employment contracts, requiring an employer to deal with employees fairly or in good faith, or providing recourse for alleged wrongful discharge, tort, physical or personal injury, invasion of privacy, termination in violation of public policy, emotional distress, fraud, negligent misrepresentation, defamation and similar or related claims; and any action arising in tort or contract, including but not limited to breach of express or implied contract and breach of implied covenant of good faith and fair dealing, except that this Release does not apply to any claim by Employee to enforce rights under this Release, and Employee does not waive claims for vested ERISA benefits and medical insurance claims against carriers on policies in effect. Employee agrees that the consideration set forth in this Release is sufficient for this Release and that he will sign and deliver any documents and do anything else that is necessary in the future to make the provisions of this Release enforceable and effective. Employee represents that he (a) has been paid for all hours worked (including overtime, if applicable), and (b) has not suffered any on-the-job injury for which he has not already filed a claim. Employee represents that he has disclosed all violations and potential violations of law of which he is aware, by any director, officer or employee of the Company, to the Company. Nothing in this Release shall be construed to prevent Employee from filing a charge with, or participating in an investigation conducted by, the U.S. Equal Employment Opportunity Commission or applicable state agency, to the extent required or permitted by law, or to prevent any challenge by Employee to the waiver and release of any claim under the ADEA, albeit that Employee understands and agrees that Employee shall not be entitled to seek monetary compensation from the filing and/or participation in any such charge. Notwithstanding the foregoing, Employee shall not be deemed to have released (i) claims includes a release arising under this Release, and (ii) claims arising after the effective date of all known and unknown claims through the date on which this release of claims becomes irrevocableRelease.

Appears in 1 contract

Samples: Separation Agreement (Neustar Inc)

Release and Waiver of Claims. In consideration of the payments payment, benefits and benefits to which you are entitled under that certain Agreementother agreements set forth in Section 2(c) of the letter agreement dated December 7, dated as of [date], to which you, NCI Building Systems, Inc., and NCI 2005 between The J. Xxxx Group, Inc. (the “CompaniesCompany”) are parties and Xxxxxxx X. Xxxxxxx (the AgreementXxxxxxx) (to which this Release and Waiver Of Claims is attached), you hereby waive Xxxxxxx, for himself and release and forever discharge each of the Companies and their respective parent entitiesfor his heirs, subsidiariesexecutors, divisionsestates, limited partnershipsagents, affiliated corporationsrepresentatives, attorneys, insurers, successors and assigns (collectively, the “Releasors”), hereby voluntarily releases and forever discharges (i) the Company and its subsidiaries (direct and indirect), affiliates, related companies, divisions, and predecessor and successor companies, (ii) in their capacities as such, each of its and their respective past present, former and present directors, managers, future officers, stockholdersdirectors and employees, partnersand (iii) in their capacities as such, each of the Company’s and its subsidiaries’ (direct and indirect), affiliates’, related companies’, divisions’, and predecessor and successor companies’ present, former and future shareholders, agents, employeesrepresentatives, attorneys, insurers, attorneysheirs, successors and servants each in his, her or its capacity as such, and each of them, separately and collectively assigns (collectively, the “Releasees”), ) from any and all existing claims, charges, complaints, liens, demandsactions, causes of action, obligationssuits, damages debts, sums of money, accounts, covenants, contracts, agreements, promises, damages, judgments, demands and liabilitiesclaims for breaches by the Releasees of Section 5 of that certain letter agreement referenced above (whether in the nature of disparagement, defamation, libel, slander or otherwise) which the Releasors ever had, or now have, or hereafter can, shall or may have against the Releasees, from the beginning of the world to the date of the execution of this Release and Waiver, whether known or unknown, suspected in law or unsuspectedequity, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of or in any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Companies, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort statutory or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under whether federal, state, local or otherwise. Signed and local lawssealed this day of , regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002200 . You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.Xxxxxxx X. Xxxxxxx EXHIBIT D

Appears in 1 contract

Samples: Letter Agreement (J Jill Group Inc)

Release and Waiver of Claims. In (a)For and in consideration of the payments mutual covenants and benefits to obligations set forth in this Agreement and other good and valuable consideration, the receipt of which you are entitled under that certain Agreementis hereby acknowledged, dated as of [date]Borrower and Vidikron (each, to which you, NCI Building Systems, Inc.a "Releasor") hereby releases and forever discharges, and NCI Groupby these presents does for its subsidiaries, Inc. if any (the “Companies”) are parties (the “Agreement”direct or indirect), you hereby waive and itself and its predecessors, successors, affiliates and assigns, remise, release and forever discharge and hold harmless Lender and each of the Companies and their respective parent entitiesits predecessors, subsidiariesaffiliates, divisionssubsidiaries (direct or indirect), limited partnershipsshareholders, affiliated corporationsofficers, directors, employees, agents, advisor or attorneys, successors and assigns assigns, of and their respective past from and present directorsagainst all manner of action and actions, managerscause and causes of action (whether individual, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her derivative or its capacity as such, and each of them, separately and collectively (collectively, “Releasees”representative), suits, debts, dues, sums of money, accounts, fees, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, damages, costs, expenses, claims and demands whatsoever, in law or in equity which the Releasor ever had, now has, or which hereinafter can, shall or may have by reason of any matter, claim or cause of action of any kind whatsoever, from any and all existing claimsthe beginning of the world to the date of this Agreement, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, whether known or unknown, suspected or unsuspectedincluding, whether or not mature or ripewithout limitation, that you ever had and now have against any Releasee arising out of or those relating in any way related to your employment with to: (i) this Agreement, the Loan Documents and any and all other Documents, (ii) any claims (including without limitation for contribution or separation from indemnification) which have or could have arisen out of any of the Companies, to transactions contemplated or any services performed for the Companies, to other proceedings that have been brought or may be brought by any status, term or condition in such employment, party hereto or to any physical Document or mental harm any third party relating to this Agreement, the Loan Documents, or distress the transactions contemplated hereby or thereby, (iii) any acts, transactions, or events that are the subject matter of this Agreement, the Loan Documents, or agreements related thereto, (iv) the communications and business dealings between Lender and the Releasor from such employment the beginning of communications and business dealings between Collateral Agent and Lender on the one hand and the Releasor on the other, related in any way to this Agreement, the Loan Documents, the Forbearance Agreement, or non-employment the transactions contemplated hereby or claim to any hirethereby, rehire or future employment (v) the prosecution of any kind by claim, defense, setoff, counterclaim or any settlement negotiations which the CompaniesReleasor ever had, all to the extent allowed by applicable law. This release of claims includesnow has or which they, but is not limited to, claims based on express their affiliates (direct or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”indirect), or equivalent state WARN acttheir successors or assigns hereafter can, the Employee Retirement Income Security Actshall or may have against Lender, and the Xxxxxxxx-Xxxxx Act of 2002. You understand provided, however, that nothing herein shall be construed or deemed to release any covenants or agreements contained in this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocableAgreement.

Appears in 1 contract

Samples: Debt Restructuring Agreement (Markland Technologies Inc)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Agreement Relating to Employment and benefits to which you are entitled under that certain AgreementPost-Employment Competition between me, dated as of [date[ ], to which youand SeamlessWeb Professional Solutions, NCI Building Systems, Inc., and NCI Group, Inc. LLC (“SeamlessWeb”) dated [ ] (the “Companies”) are parties (the “Post Employment Competition Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release SeamlessWeb (which term shall be deemed to include ARAMARK Holdings Corporation and forever discharge each all subsidiary and affiliated and successor companies of the Companies ARAMARK Holdings Corporation or other entity in which ARAMARK Holdings Corporation or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with SeamlessWeb; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with SeamlessWeb occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release Effective Date of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimsSeparation; and (d) any equity or stock plans of SeamlessWeb (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Employment And (GrubHub Seamless Inc.)

Release and Waiver of Claims. 1. In consideration of for the payments provided for under the Employment Agreement between me, Xxxx Xxxxxx Mas, and benefits to which you are entitled under that certain Agreement, XXX Acquisition Corp. dated as of [dateMarch [ ], to which you, NCI Building Systems, Inc., and NCI Group, Inc. 2007 (the “Companies”) are parties (the “Employment Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release XXX Acquisition Corp (which term shall be deemed to include XXX Acquisition Corp and forever discharge each all subsidiary and affiliated and successor companies of the Companies XXX Acquisition Corp or other entity in which XXX Acquisition Corp or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with XXX Acquisition Corp; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with XXX Acquisition Corp occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release of claims includes, but date this Release is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claimssigned; and (d) any equity or stock plans of XXX Acquisition Corp, subject to the provisions of paragraph 3 of this Release, below (such released claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Employment Agreement (Neff Rental Inc)

Release and Waiver of Claims. 1. In consideration of for the payments and benefits to which you are entitled provided for under that certain Agreementthe Letter Agreement between me, dated as of [date], to which you, NCI Building Systems, Inc.Xxxxxx X. Xxxxx, and NCI GroupARAMARK Corporation dated August 8, Inc. 2011 (the “CompaniesLetter Agreement”) are parties and the Agreement Relating to Employment and Post-Employment Competition between me, Xxxxxx X. Xxxxx, and ARAMARK Corporation dated July 18, 2007 (the Post Employment Competition Agreement”), you and for other good and valuable consideration, the receipt and sufficiency of which is hereby waive acknowledged, I hereby agree on behalf of myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and executors, to fully and completely release ARAMARK (which term shall be deemed to include ARAMARK Holdings Corporation and forever discharge each all subsidiary and affiliated and successor companies of the Companies ARAMARK Holdings Corporation or other entity in which ARAMARK Holdings Corporation or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its predecessors and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and all of their respective past and and/or present officers, directors, partners, members, managing members, managers, officers, stockholders, partnersemployees, agents, employeesrepresentatives, insurersadministrators, attorneys, insurers and servants each fiduciaries in his, her or its capacity their individual and/or representative capacities (hereinafter collectively referred to as such, and each of them, separately and collectively (collectively, the Company Releasees”), from any and all existing claims, charges, complaints, liens, demands, causes of action and claims whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, obligationsomission, damages and liabilities, known course or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee arising out of thing in connection with or in relationship to: (a) my employment or other service relationship with ARAMARK; (b) the termination of any way related to your employment with or separation from the Companies, to any services performed for the Companies, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment service relationship; and (c) any applicable employment, benefit, compensatory or claim to any hire, rehire equity arrangement with ARAMARK occurring or future employment of any kind by the Companies, all existing up to the extent allowed by applicable law. This release Effective Date of Separation (such released claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited are collectively referred to Title VII of herein as the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (WARNReleased Claims), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable) .

Appears in 1 contract

Samples: Letter Agreement (Aramark Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!