Common use of Release and Waiver Clause in Contracts

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 3 contracts

Samples: Separation Agreement (Lightbridge Inc), Separation Agreement (Lightbridge Inc), Separation Agreement (Lightbridge Inc)

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Release and Waiver. This letter agreement and In consideration of the agreement referenced in paragraph 8 contain Severance Benefits, you agree, except as may be necessary to enforce the entire agreement between you and provisions of the Company (and supersede Employment Agreement, not to make any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement claims of any kind against Clearwater Paper, before any agency, court of other forum and all causes of action to release Clearwater Paper, from any claim, known or claims that you have hadunknown, now have or may now have, arising in any way related from any actions taken by Clearwater Paper up to or arising out the date of or in connection with such employment and/or its termination or pursuant to the signing of this Agreement including, without limitation, any federalclaim for wrongful discharge, state or local employment laws, regulations, executive orders breach of contract or other requirementscommon law claims, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")or any claims arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990, the Occupational Safety and Health Act of 1970, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the Civil Rights Act of 1964, as amended, the Workers Adjustment and the Age Discrimination in Employment Retraining Notification Act of 1967. In consideration of 1988, the pay Connecticut Fair Employment Practices Act, or any other federal, state, or local statute or regulation dealing with discrimination on any bases, including sex, race, national origin, marital status, religion, disability, sexual orientation, or age, and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees ’s fees, expenses or costs. This paragraph does not restrict your right to file a charge of discrimination with the EEOC or to assist the EEOC in any investigation, however, by executing this Agreement, you waive any right that you may have to receive of any monetary award resulting from any action brought against Clearwater Paper by the EEOC or any other agency, person or entity and costs) against you expressly waive any right to bring a lawsuit or other action in your name. Further, this Agreement shall inure to the Companybenefit of and be binding upon you, its parentyour heirs, subsidiary and affiliated organizationsadministrators, and their respective pastrepresentatives, present and future directors, officers, agents, employeesexecutors, successors and assigns, and you hereby agree that, shall inure to the extent permitted by lawbenefit of and be binding upon Clearwater Paper, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge it successors and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementassigns.

Appears in 2 contracts

Samples: Separation Agreement (Cellu Tissue Holdings, Inc.), Separation Agreement (Cellu Tissue Holdings, Inc.)

Release and Waiver. This letter agreement A. Upon execution of this Agreement, Plaintiffs, for themselves and the agreement referenced in paragraph 8 contain the entire agreement between you their heirs, executors, related persons, partnerships, corporations, or other entities and the Company their predecessors, successors, successor owners, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, shareholders, insurers and attorneys (“Plaintiff Releasors”) hereby release and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employmentforever discharge ADP TotalSource, and with respect to each of its related persons, partnerships, corporations, or other entities and their predecessors, successors, successor owners, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, employees, shareholders, insurers and attorneys (“Releasees”), from and against all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all actions, causes of action action, claims, suits, debts, damages, judgments, liabilities, and demands whatsoever, whether matured or claims unmatured, whether at law or in equity, whether now known or unknown, that you have had, the Plaintiffs now have or may now havehave had, in or hereafter claim to have or have had, against Releasees at any way related to or time before and including the Effective Date, specifically arising out of or relating to the factual allegations set out in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964Complaint, and the Age Discrimination in Employment Act of 1967. In consideration Accessibility of the pay Website and benefits Mobile Apps (“Released Claims”). B. The provisions of any state, federal, local, or territorial law or statute providing expressly or in substance that you will receive under this letter agreementreleases shall not extend to claims, you hereby releaseinjuries, waive and discharge any and all such causes of action or claims (including damages which are unknown or unsuspected to exist at the time are expressly waived by Plaintiff Releasors. This Section constitutes a waiver of, without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, as to the extent permitted by any other applicable law, neither you nor any Section 1542 of your heirs or personal representatives will ever assert in any forum any such cause the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Plaintiff Releasors are deemed to understand and acknowledge the significance of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make this waiver of California Civil Code Section 1542 and/or of any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based applicable law relating to limitations on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementreleases.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Release and Waiver. This letter agreement and Without limiting the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination provisions of such employmentArticle 4, and with respect except as expressly provided for in this Agreement, Purchaser waives its right to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964recover from, and forever releases and discharges, and covenants not to xxx Seller, Seller’s affiliates, Seller’s property manager, any lender to Seller, the Age Discrimination in Employment Act partners, trustees, shareholders, controlling persons, directors, officers, attorneys, employees and agents of 1967. In consideration each of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizationsthem, and their respective pastheirs, present successors, personal representatives and future directorsassigns with respect to any and all claims, officerswhether direct or indirect, agentsknown or unknown, employeesforeseen or unforeseen, successors that may arise on account of or in any way be connected with the Property including, without limitation, the physical, environmental and assignsstructural condition of the Property or any law or regulation applicable thereto, and you hereby agree thatincluding, without limitation, any claim or matter relating to the extent permitted by lawuse, neither you nor presence, discharge or release of hazardous materials on, under, in, above or about the Property. If Purchaser and/or its assignee, with actual knowledge of (i) a default in any of your heirs the covenants, agreements or personal representatives will ever assert obligations to be performed by Seller under this Agreement and/or (ii) any breach of or inaccuracy in any forum representation or warranty of Seller made in this Agreement nonetheless elects to proceed to the Closing, then, upon the consummation of the Closing, Purchaser and/or its assignee shall be deemed to have waived any such cause of action default and/or breach or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you inaccuracy and shall have no current or pending actionsclaim against Seller with respect thereto. For the avoidance of doubt, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that Purchaser shall be deemed to have “actual knowledge” of (a) the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration information set forth in this letter agreementany materials in the “Pacific Corporate Park” due diligence site at xxx.xxxxxxxxxxxxxxx.xxx on the day prior to the Effective Date, (b) the Site Plan entitled America Online, Inc. CC4/CC6 Pedestrian Bridge Pacific Boulevard, (c) the Site Plan Amendment (XXXX0000-0000) to America Online, Inc. - Pedestrian Bridge and Sidewalk Site Plan, Site Plan STPL 0000-0000 Xxxxx Xxx Xxxxxxxx Xxxx - AOL Pedestrian Overpass, (d) the plats and plans for (i) XXX Xxxxxxxxxx Xxxxxx - Xxxxxxxx 0, 0000, (xx) XXX XX0/XX0 Xxxxxxxxxx Xxxxxx #0 - Xxxxx 0, 0000, (xxx) XXX XX0 - February 24, 2004 and (iv) AOL CC8 - February 24, 2004, (e) together with all additional materials provided by Seller subsequent to the Effective Date, either at Purchaser’s request, or by delivery to Purchaser with specific notice to Purchaser of such delivery either by e-mail to Xxxxxxx Xxxxx, Xxxx Xxxx and Xxxxxxx Xxxxxx or by any of the methods of delivery permitted pursuant to Section 10.3.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Real Property, Purchase and Sale Agreement (AOL Inc.)

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge's affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the "Releasees"), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys' fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, Section l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT SUE LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EXXXOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Separation Agreement (Lightbridge Inc)

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining theretothereto including, without limitation, those set forth in the Employment Agreement. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 1 contract

Samples: Separation Agreement (Lightbridge Inc)

Release and Waiver. This letter agreement In exchange for the payments and the agreement referenced in paragraph 8 contain the entire agreement between benefits to you described above, you agree to release Gerber, its past, present and the Company (and supersede any prior communicationsfuture affiliates, written or oral) with respect to your employment by the Company and the termination of such employmentofficers, directors, employees, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of agents, from any and all causes of action claims or claims that demands, known or unknown, which you ever had, may have had, now have, or which your heirs, executors or administrators hereinafter shall have or may now havehave against Gerber, including but not limited to those which are related in any way related to your employment with Gerber or arising out the termination of that employment. You agree that you have executed this Agreement on your own behalf, and also on behalf of any heirs, agents, representatives, successors and assigns that you may have now or in connection with such employment and/or its termination or pursuant to any federalthe future. You also agree that this Release and Waiver covers, state or local employment lawsbut is not limited to, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), claims arising under: Title VII of the Civil Rights Act of 1964, and as amended; the Employee Retirement Income Security Act of 1974, as amended (also known as "ERISA"); the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act Act, as amended ("ADEA"); the Connecticut Fair Employment Practices Act; any other federal, state or local law dealing with discrimination on any basis, including sex, race, national origin, veteran status, marital status, religion, disability, sexual orientation, reservist status, or age; any other federal, state or local law or regulation or any common law governing the payment of 1967wages, commissions or any other form of compensation; any public policy, contract, tort, or common law; or any claim for costs, fees, or other expenses including attorneys' fees incurred in these matters. In consideration of Your Release and Waiver covers all complaints, claims, or demands based on any facts or events, whether known or unknown by you, that occurred on or before the pay date you sign this Agreement. This Release and benefits that Waiver does not apply to claims arising under any workers' compensation statute, except it does apply to claims for wrongful discharge or other discrimination in employment for exercising rights under such statute. Gerber also agrees to release you will receive under this letter agreement, you hereby release, waive and discharge from any and all such causes claims, demands, actions or liabilities it may have against you of action whatever kind, including but not limited to those that are related in any way to your employment with Gerber or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, termination of that employment up to the extent permitted by law, neither you nor any date of your heirs or personal representatives will ever assert in any forum any such cause the execution of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementAgreement.

Appears in 1 contract

Samples: Separation Agreement (Gerber Scientific Inc)

Release and Waiver. This letter agreement In consideration of the payments and benefits provided in Paragraph 2 above, you agree, except as may be necessary to enforce the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede provisions of this Agreement, not to make any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement claims of any kind against Cellu Tissue, before any agency, court of other forum and all causes of action to release Cellu Tissue, from any claim, known or claims that you have hadunknown, now have or may now have, arising in any way related from any actions taken by Cellu Tissue up to or arising out the date of or in connection with such employment and/or its termination or pursuant to the signing of this Agreement including, without limitation, any federalclaim for wrongful discharge, state or local employment laws, regulations, executive orders breach of contract or other requirementscommon law claims, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")or any claims arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990, the Occupational Safety and Health Act of 1970, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, Title VII of the Civil Rights Act of 1964, as amended, the Workers Adjustment and the Age Discrimination in Employment Retraining Notification Act of 1967. In consideration of 1988, the pay Connecticut Fair Employment Practices Act, or any other federal, state, or local statute or regulation dealing with discrimination on any bases, including sex, race, national origin, marital status, religion, disability, sexual orientation, or age, and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees fees, expenses or costs. This paragraph does not restrict your right to file a charge of discrimination with the EEOC or to assist the EEOC in any investigation, however, by executing this Agreement, you waive any right that you may have to receive of any monetary award resulting from any action brought against Cellu Tissue by the EEOC or any other agency, person or entity and costs) against you expressly waive any right to bring a lawsuit or other action in your name. Further, this Agreement shall inure to the Companybenefit of and be binding upon you, its parentyour heirs, subsidiary and affiliated organizationsadministrators, and their respective pastrepresentatives, present and future directors, officers, agents, employeesexecutors, successors and assigns, and you hereby agree that, shall inure to the extent permitted by lawbenefit of and be binding upon Cellu Tissue, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge it successors and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementassigns.

Appears in 1 contract

Samples: Separation Agreement (Cellu Tissue Holdings, Inc.)

Release and Waiver. This letter agreement and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining theretothereto including, without limitation, those set forth in your employment agreement dated May 25, 2000. This letter agreement shall be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.

Appears in 1 contract

Samples: Separation Agreement (Lightbridge Inc)

Release and Waiver. This letter agreement 37.11.1 Notwithstanding anything to the contrary in this Offtake Supply Agreement, the Security Documents, the Original Offtake Agreement, the Original Secured Promissory Note, the Terminated Security Documents or any other agreement, document or instrument relating hereto or thereto, or executed in connection herewith or therewith, Nestlé Waters (on behalf of itself and each Nestlé Waters Affiliate) hereby (a) agrees that, upon execution of this Offtake Supply Agreement, (i) all obligations of Micromidas Pioneer under the Original Offtake Agreement, the Original Secured Promissory Note and the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement Terminated Security Documents shall be satisfied in complete full and final settlement terminated; (ii) Micromidas Pioneer shall have no further obligations or liabilities of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of whatever nature under or in connection with such employment and/or its termination this Offtake Supply Agreement, the Security Documents, the Original Offtake Agreement, the Original Secured Promissory Note, the Terminated Security Documents or pursuant to any federalother agreement, state document or local employment lawsinstrument relating hereto or thereto, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B executed in connection herewith or therewith; ("Unlawful Discrimination"), Title VII iii) all obligations of the Civil Rights Act of 1964Supplier under the Original Pledge Agreement shall be satisfied in full and terminated and (b) unconditionally and forever releases, waives and discharges (x) the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge Supplier from any and all such claims, demands, liabilities, rights of setoff and causes of action of any nature whatsoever, arising under or claims in connection with the Original Pledge Agreement and (including without limitation claims for attorney's fees y) Micromidas Pioneer from any and costs) against the Companyall claims, its parentdemands, subsidiary liabilities, rights of setoff and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause causes of action of any nature whatsoever, arising under or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring in connection with this Offtake Supply Agreement, the Security Documents, the Original Offtake Agreement, the Original Secured Promissory Note, the Terminated Security Documents or any lawsuitsother agreement, file any charges document or complaintsinstrument relating hereto or thereto, or make any other demands against Lightbridge, executed in connection herewith or further pursue any lawsuits, cases or complaints already brought, based therewith. 37.11.2 Nestlé Waters (on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge behalf of itself and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.each Nestlé Waters Affiliate) hereby [***]

Appears in 1 contract

Samples: Offtake Supply Agreement (Artius Acquisition Inc.)

Release and Waiver. This letter agreement 1. In exchange for the payments and the agreement referenced other consideration described above, you agree to release Colt and any and all of its parents, subsidiaries, affiliates, predecessors, successors and assigns (herein referred to collectively as “Colt and Affiliates”), from any and all claims, demands, actions, or liabilities you may have against them, or any one of them, of whatever kind, including but not limited to those which are related in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect way to your employment by the Company Colt and Affiliates or the termination of such that employment. You also agree to release from all claims, demand, actions, or liabilities the past, present, and with respect to all matters pertaining theretofuture principals, agents, directors, officers, employees, fiduciaries, representatives, successors and assigns of Colt and Affiliates (hereinafter, “Associated Persons”). This letter agreement shall be in complete and final settlement of any and all causes of action or claims You agree that you have hadexecuted this Agreement on your own behalf, and also on behalf of any heirs, agents, representatives, successors and assigns that you may have now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federalthe future. 2. You agree that this Release and Waiver covers, state or local employment lawsbut is not limited to, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), claims arising under Title VII of the Civil Rights Act of 1964, and as amended, the Employee Retirement Income Security Act of 1974, as amended (also known as “ERISA”), the Age Discrimination in Employment Act as amended by the Older Workers Benefit Protection Act (“OWBPA”), the Americans with Disabilities Act of 19671990, the Connecticut Fair Employment Practices Act, and any other federal, state or local law dealing with discrimination on any basis, including sex, race, national origin, veteran status, marital status, religion, disability, sexual orientation, reservist status or age. In consideration of You also agree that, except to the pay extent otherwise provided by law, this Release and benefits that you will receive Waiver includes claims based on any statute or on any contract or tort theories, whether based on common law or otherwise. This Release and Waiver does not apply to claims arising under this letter agreementany workers’ compensation statute, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation except it does apply to claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree thatwrongful discharge or other discrimination in employment for exercising rights under such statute. 3. If any claim is not subject to release, to the extent permitted by law, neither you nor waive any right or ability to be a 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 Colt and Affiliates or Associated Persons are parties. You promise not to consent to become a member of any class or collective in which claims are asserted against Colt and Affiliates or Associated Persons that are related in any way to your employment or the termination of your heirs or personal representatives will ever assert employment with Colt. If, without your prior knowledge and consent, you are made a member of a class in any forum any such cause proceeding, you agree to opt out of action or claimthe class at the first opportunity. 4. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or This Release and Waiver applies to all complaints, claims or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment any facts or events, whether known or unknown by Lightbridge. You further represent you, that occurred on or before the date you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in sign this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementAgreement.

Appears in 1 contract

Samples: Separation Agreement (Colt Finance Corp.)

Release and Waiver. This letter agreement (a) Upon and as a condition of the receipt by Executive of the Payment, Executive, for himself and for his heirs, successors and assigns, hereby releases completely and forever discharges the Bank and the agreement referenced in paragraph 8 contain the entire agreement between you Company, their present and former shareholders, present and former officers, directors, and managers, present and former attorneys, consultants, present and former agents, and the Company predecessors, successors, and assigns of all or any of them (collectively, their “Affiliates”), from any obligation under the Employment Agreements and supersede any prior communicationsamounts Executive may be due for incentive compensation and bonuses. For the avoidance of doubt, written or oral) with respect to your employment by Executive hereby releases the Bank, the Company and the termination of such employment, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of their Affiliates from any and all claims, demands, causes of actions and liabilities arising out of the Employment Agreements and the termination thereof, including, but not limited to, claims, demands, causes of action and liabilities for wages, back pay, front pay, attorney's fees, other sums of money, insurance, benefits, or claims that you have hadcontracts; and all claims, now have or may now havedemands, in any way related to or causes of actions and liabilities arising out of or in connection with such employment and/or its termination under the statutory, common law or pursuant to any federalother rules, state or local employment laws, regulations, executive orders or other requirementsregulations of the United States or any State or political subdivision thereof relating to the termination of the Employment Agreements, whether now existed or hereinafter enacted or adopted, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act, and no further payments, benefits or rights shall be due Executive under said Employment Agreements. (b) This Agreement and Release shall not affect Executive's rights or benefits as an employee “at will”: (i) to the payment of 1967. In consideration base salary determined by the Bank in its sole discretion; (ii) to receive those benefits, including incentive compensation, available to employees of the pay Bank and benefits that you will receive under the Company on the same payment terms and conditions regarding eligibility and vesting as are available to other similarly situated employees; (iii) in any equity compensation which has previously been granted to him, or (iv) the Bank’s 401(k) Plan in which he currently participates, subject to the terms and conditions of said plan. Notwithstanding anything to the contrary set forth herein, this letter agreementAgreement and Release shall not terminate Executive’s right to indemnification, you hereby release, waive advancement and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, insurance to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementSection 19(a) of the Employment Agreements and under applicable law, or the obligations of Executive under Section 8 of the Employment Agreements that by their terms survive the termination of the Employment Agreements.

Appears in 1 contract

Samples: Cancellation of Employment Agreements and Release of Claims (BankFinancial CORP)

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Release and Waiver. This letter agreement a. For and in consideration of the Bank’s and the agreement referenced Corporation’s promise to cause the payments and benefits to be made as set forth in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communicationsParagraph 1, written or oral) with respect to your employment by the Company and the termination of such employmentabove, Executive does hereby REMISE, RELEASE AND FOREVER DISCHARGE Riverview Financial Corporation, Riverview Bank, and with respect to their respective parent corporations, subsidiaries and affiliates, and all matters pertaining thereto. This letter agreement shall be in complete of the foregoing’s respective directors, officers, shareholders, employees, representatives, agents, attorneys, insurers, successors and final settlement assigns (“Releasees”) of and from any and all manner of actions and causes of action action, suits, debts, liabilities, losses, damages, claims and demands whatsoever (which are otherwise subject to waiver) that Executive had, has or may have against any of the Releasees, whether sounding in contract, any form of tort or otherwise; whether at law or in equity; whether known or unknown; from prior to the commencement of Executive’s employment with any of the Releasees to the date of this Release Agreement. The releases herein include, but are not limited to, any waivable claims that you were asserted or could have had, now have or may now have, been asserted up to the date of this Release Agreement and/or that could be asserted in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to the future under any federal, state or local employment laws, regulations, executive orders or other requirements, ordinances including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), but not limited to: • Title VII of the Civil Rights Act of 1964, and as amended; • the Age Discrimination in Employment Civil Rights Act of 1967. In consideration 1866 and 1871; • Executive Order 11246; • the Rehabilitation Act of 1973; • the pay Americans with Disabilities Act of 1990 (ADA); • the Employee Retirement Income Security Act (ERISA) (except as to claims for vested benefits); • any state or local laws similar to the above including but not limited to the Pennsylvania Human Relations Act; • any unjust or wrongful termination theory; • any claim for breach of contract, fraud or material misrepresentation; • any negligent retention, hiring, or supervision theory; or any right or claim based on an alleged privacy violation, any claims for defamation or slander, other employment tort or common law claims now or hereafter recognized and benefits that you will receive under this letter agreementany derivative claim Executive may have arising thereunder, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's counsel fees and costs. Executive specifically acknowledges that he is releasing all Releasees from any claims for attorneys’ fees and costs. b. Executive further agrees To WAIVE ALL RIGHTS AND CLAIMS he has ever had, or now has, under THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED (ADEA), against Releasees arising from or related to his employment with the Bank or the Corporation, or separation from employment. Executive has been advised to consult with an attorney before signing this Release Agreement waiving his rights under the ADEA. Executive has had the opportunity to review this Release Agreement for twenty-one (21) against days prior to signing it. Executive may revoke the CompanyRelease Agreement within seven (7) days after he signs the Release Agreement. If Executive revokes the Release Agreement, its parentthe Bank shall have the option of voiding the entire Release Agreement. In such event, subsidiary Executive will not receive the Separation and affiliated organizationsSeverance Payments and benefits described in Paragraph 1 above. c. Notwithstanding the Releases and Waivers above, and their respective pastnothing in this Release Agreement shall prohibit Executive from filing an administrative charge or complaint with, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert participating in any forum any such cause investigation or proceeding conducted by the United States Equal Employment Opportunity Commission or a comparable state or local agency. Executive agrees to and does waive his right to recover monetary damages, reinstatement of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaintsemployment, or make any other demands relief sought against LightbridgeReleasees in any charge, complaint, or further pursue any lawsuitslawsuit filed by Executive or by anyone else on Executive’s behalf. Notwithstanding the Releases and Waivers above, cases nothing in this Release Agreement shall be construed as a waiver of Executive’s right to indemnification by contract, by charter or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current bylaws or pending actions, charges, lawsuitsotherwise, or complaints against Lightbridge. You acknowledge and understand that Executive’s right to enforce the consideration provided for in terms of this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementRelease Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Riverview Financial Corp)

Release and Waiver. This letter agreement The Loan Parties each do hereby release the Term Administrative Agent and each of the agreement referenced Lenders and each of their officers, directors, employees, agents, attorneys, personal representatives, successors, predecessors and assigns from all manner of actions, cause and causes of action, suits, deaths, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands, whatsoever, in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written law or oral) with respect to your employment by the Company and the termination of such employmentin equity, and with respect to all matters pertaining thereto. This letter agreement shall be in complete and final settlement particularly, without limiting the generality of any and all causes of action or claims that you have hadthe foregoing, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination the Amended Credit Agreement and the other Loan Documents and any agreements, documents and instruments relating to the Amended Credit Agreement and the other Loan Documents and the administration of the Amended Credit Agreement and the other Loan Documents, all indebtedness, obligations and liabilities of the Loan Parties to the Term Administrative Agent or pursuant any Lender and any agreements, documents and instruments relating to any federalthe Amended Credit Agreement and the other Loan Documents (collectively, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"the “Claims”), Title VII of which the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) Loan Parties now have against the CompanyTerm Administrative Agent or any Lender or ever had, its parentor which might be asserted by their heirs, subsidiary and affiliated organizationsexecutors, and their respective pastadministrators, present and future directors, officersrepresentatives, agents, employeessuccessors, successors and assigns, and you hereby agree that, or assigns based on any Claims which exist on or at any time prior to the extent permitted by law, neither you nor any date of your heirs or personal representatives will ever assert in any forum any such cause of action or claimthis Amendment. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further The Loan Parties expressly acknowledge and agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or they have been advised by counsel in connection with this Amendment and that they each understand that this Section 9 constitutes a general release of the Term Administrative Agent and the Lenders and that they each intend to be fully and legally bound by the same. The Loan Parties further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You expressly acknowledge and understand agree that this general release shall have full force and effect notwithstanding the consideration provided for in occurrence of a breach of the terms of this letter agreement constitutes a full, fair and complete payment for Amendment or an Event of Default or Default under the release and waiver of all of your possible claimsAmended Credit Agreement. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.[signature pages follow] 3 AmericasActive:14047748.3

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Release and Waiver. This letter agreement a. The Optionee agrees that the execution and the agreement referenced in paragraph 8 contain the entire agreement between you and delivery by the Company (and supersede any prior communicationsof this Agreement constitutes full performance by the Company of its obligations under all agreements, written or oral) with respect , relating to your employment by the Optionee’s rights to purchase equity securities of the Company, and the Optionee hereby agrees and acknowledges that the Optionee has no further claim or right to receive any capital stock of, or other equity interest in, the Company, and that, except as provided in this agreement, the Company has no further obligations, direct or indirect, to the optionee relating to capital stock or equity interests. b. Pursuant to an agreement between the Company and The General Hospital Corporation (“NCR”), certain provisions of the termination Research and License Agreement effective as of October 1, 1989 between the Company and MGH (the “MGH Agreement”) have been terminated effective as of November 1, 1992. The Optionee hereby acknowledges such employmenttermination, and with respect agrees that he has no rights, whether as a third party beneficiary or otherwise, under the NCR Agreement. The Optionee agrees that the Company has no obligation to all matters pertaining thereto. This letter agreement shall be in complete provide funding or support for research programs under the MGH Agreement, and final settlement the Optionee waives any rights under the MGH Agreement or to funding from the Company. c. Except for obligations and liabilities created by the provisions of this agreement, the Optionee hereby releases and discharges the Company and its employees, officers, directors, significant stockholders (as defined below) and their respective affiliates from any and all causes claims, demands, obligations and liabilities of action or claims that you have any nature whatsoever which the Optionee ever had, now has or hereafter may have by reason of any matter, cause or may now haveevent occurring prior to the date hereof. As used above, in the term “significant stockholders” means any way related to or arising out holder of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII equity securities of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration Company representing 5% or more of the pay voting power of outstanding securities of the Company. d. Except for obligations and benefits that you will receive under liabilities created by the provisions of this letter agreement, you the Company and HealthCare Ventures II, L.P. hereby release, waive release and discharge the Optionee from any and all such causes demands, obligations and liabilities of action any nature whatsoever which it ever had, now has or claims (including without limitation claims for attorney's fees and costs) against the Companyhereafter may have by reason of any matter, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, cause or event occurring prior to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementdate hereof.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Genvec Inc)

Release and Waiver. This letter agreement and Notwithstanding anything to the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment by the Company and the termination of such employmentcontrary herein, and with respect in further consideration of the amendments to the Existing Agreement set forth herein, the Borrower hereby: (a) warrants, represents and acknowledges to the Agent and each of the Lenders as of the Closing Date that it has no existing credit, charge, defense, counterclaim, offset, cross-complaint, claim or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all matters pertaining thereto. This letter agreement shall be in complete or any part of its respective liability to pay the full indebtedness outstanding under the terms of the Existing Agreement or this Agreement and final settlement each of the Loan Documents and any other documents which evidence, guaranty or secure the Obligations; (b) releases and forever discharges the Agent, each Lender, and all of their respective officers, directors, employees, attorneys and agents from any and all actions, claims, causes of action action, debts, dues, claims, demands, liabilities and obligations of every kind and nature, both in law and in equity, known or unknown, whether matured or unmatured, absolute or contingent, including any usury claims that you have had, now have or may now have, in any way related to or arising arise out of any one or in connection with such employment and/or its termination more circumstances or pursuant events that occurred prior to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B the Closing Date; and ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge c) waives any and all such causes claims now or hereafter arising from or related to any delay by the Agent or any Lender in exercising any rights or remedies under the Existing Agreement, this Agreement or any of action the other Loan Documents, including, without limitation, any delay in foreclosing any Collateral securing any of the Obligations or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, Guarantors' Obligations. Without prejudice to the extent permitted by law, neither you nor any survival of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridgeagreement of the Borrower hereunder, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge the agreements and understand that obligations of the consideration provided for Borrower contained in this letter agreement constitutes a full, fair SECTION 13.18 shall survive the payment in full of the Loans and complete payment for all other amounts payable under this Agreement and each other Loan Document and the release and waiver occurrence of all of your possible claimsthe Facility Termination Date. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement.[Signatures on following pages] S-114 <PAGE> 122

Appears in 1 contract

Samples: Credit Agreement

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge’s affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the “Releasees”), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys’ fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, §l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Separation Agreement and Release (Lightbridge Inc)

Release and Waiver. This letter agreement In exchange for the consideration from Lightbridge described in Paragraphs 3,6 and 7, the agreement referenced sufficiency of which is hereby acknowledged, you, on your own behalf and on behalf of your heirs, personal representatives, and assigns, hereby voluntarily and irrevocably release, acquit and forever discharge Lightbridge, and all of Lightbridge's affiliated and related entities and their respective officers, directors, agents, representatives, attorneys, servants, employees, predecessors, successors, and assigns (hereinafter the "Releasees"), from any and all claims, demands, liabilities, debts, judgments, damages, expenses (including attorneys' fees and costs), actions, causes of action or suits of any kind whatsoever which you, your heirs, personal representatives and assigns, and each of them, may have had or may now have, whether known or unknown, including, but not limited to, common law claims, statutory claims, claims for wages, commissions, bonuses or earnings or benefits, claims for overtime, claims or causes of action under the Civil Rights Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.), the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Age Discrimination in paragraph 8 contain Employment Act, the entire agreement between you Equal Pay Act, the Massachusetts Fair Employment Practices Act, M.G.L. c.151B, ss.l et seq. tort law, contract law, law of wrongful discharge, discrimination, harassment, fraud, misrepresentation, defamation, libel, emotional distress, breach of the implied covenant of good faith and the Company (fair dealing, any other federal, state or municipal statute or ordinance, and supersede claims or causes of action under any prior communicationsother theory, written which arise out of or oral) with respect are related in any way, directly or indirectly, to your employment by the Company and Lightbridge or the termination of such employment, and with respect . You acknowledge that through this Letter Agreement you are receiving consideration from Lightbridge beyond that to all matters pertaining thereto. This letter agreement shall which you would otherwise be in complete and final settlement of any and all causes of action or claims that you have had, now have or may now have, in any way related to or arising out of or in connection with such employment and/or its termination or pursuant to any federal, state or local employment laws, regulations, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination"), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In consideration of the pay and benefits that you will receive under this letter agreement, you hereby release, waive and discharge any and all such causes of action or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGEentitled. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreement. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE.

Appears in 1 contract

Samples: Separation Agreement (Lightbridge Inc)

Release and Waiver. This letter agreement and In consideration for the agreement referenced in paragraph 8 contain the entire agreement between you and the Company (and supersede any prior communications, written or oral) with respect to your employment promises made by the Company in the Retirement Agreement to which this Release is Attachment A, Xxxxxx X. Xxxx (the “Executive”), for the Executive and the termination of such employmentExecutive’s heirs, executors, administrators and any person or entity acting by, through, or under the Executive, hereby waives, releases, holds harmless and forever discharges Oshkosh Corporation, a Wisconsin corporation (the “Company”), and all of its affiliates, and its and their directors, officers, representatives, agents, employees, joint ventures, attorneys, successors and assigns and all persons or entities acting by, through, under or in concert with respect such affiliates, and its and their directors, officers, representatives, agents, employees, joint ventures, attorneys, benefit plans and plan administrators, successors and assigns (collectively and individually referred to all matters pertaining thereto. This letter agreement shall be in complete and final settlement of as the “Released Parties”) from any and all liability, rights, claims, demands, damages, debts, dues, sums of money, accounts, attorneys’ fees, complaints, judgments, executions, actions or causes of action for relief or claims that you have hadremuneration of any kind whatsoever, now have whether known or unknown at this time, including, but not limited to, all matters in law, in equity, in contract, or in tort, which the Executive has or may now have, in have against the Released Parties or any way related to of them based upon or arising out of any matter whatsoever, which occurred at any time prior to the date of the Executive’s execution hereof (“Release Period End”), including but not limited to any rights, claims, complaints or in connection actions or causes of action which were or could have been asserted by the Executive arising out of or related to his employment by or affiliation with such Company or his retirement or termination of employment. Without limiting the generality of the foregoing, this Release applies to: (a) any claims related to the Executive’s employment with the Company and/or its termination retirement therefrom; (b) any claims for additional compensation, bonuses, or pursuant benefits under any benefit plan, policy or practice; (c) any claims for wrongful termination, defamation, invasion of privacy or any other common law claims; (d) any claims of discrimination, harassment or retaliation based on age, national origin, race, religion, sexual orientation, or physical or mental disability or medical condition unrelated to the ability to perform; and (e) any claims under any federal, state or local employment statutes, ordinances, rules, regulations or orders, including, but not limited to, any claim or cause of action based on any wage payment laws, regulationsthe Fair Labor Standards Act, executive orders or other requirements, including without limitation Massachusetts General Laws c. 151B ("Unlawful Discrimination")the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967. In consideration , the Americans with Disabilities Act, the Equal Pay Act, the Older Workers’ Benefit Protection Act, the Rehabilitation Act of 1973, the pay Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1985, the National Labor Relations Act, the Family and benefits that you will receive under this letter agreementMedical Leave Act, you hereby releasethe Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and any state Human Rights Act, waive and discharge any and all such causes as each of action them has been or claims (including without limitation claims for attorney's fees and costs) against the Company, its parent, subsidiary and affiliated organizations, and their respective past, present and future directors, officers, agents, employees, successors and assigns, and you hereby agree that, to the extent permitted by law, neither you nor any of your heirs or personal representatives will ever assert in any forum any such cause of action or claim. THIS MEANS YOU MAY NOT XXX LIGHTBRIDGE FOR ANY CURRENT OR PRIOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT WITH OR TERMINATION FROM LIGHTBRIDGE. You further agree that you will not bring any lawsuits, file any charges or complaints, or make any other demands against Lightbridge, or further pursue any lawsuits, cases or complaints already brought, based on your employment by Lightbridge. You further represent that you have no current or pending actions, charges, lawsuits, or complaints against Lightbridge. You acknowledge and understand that the consideration provided for in this letter agreement constitutes a full, fair and complete payment for the release and waiver of all of your possible claims. You acknowledge and understand that Lightbridge does not owe you anything for your employment in addition to the consideration set forth in this letter agreementmay be amended.

Appears in 1 contract

Samples: Retirement Agreement (Oshkosh Corp)

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