Release by Consultant. The Consultant releases, relinquishes and discharges the City, its elected officials, officers, directors, agents, employees, representatives and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense, for any injury to or death of any person (whether employees of either party or other third parties) and any loss or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with the work it performed under this Agreement. This release shall apply regardless of whether the claims, demands and/or causes of action are covered in whole or in part by insurance.
Release by Consultant. (a) In consideration of the rights and --------------------- obligations created by this Agreement, Consultant for himself, his heirs, personal representatives, successors and assigns, hereby fully and forever releases and discharges the Company, its affiliates, Related Companies and each of them, as well as their officers, directors, shareholders, employees, agents, attorneys and the successors and assigns of each of them, from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever, at law or in equity, known or unknown, suspected or unsuspected, that Consultant may now have or claim at any future time to have, based in whole or in part upon any act or omission through the date of this Agreement, including without limitation those claims, demands, obligations, actions, liabilities and damages arising from, relating to or based upon Consultant's employment with the Company or separation from employment with the Company, except as provided herein.
(b) Consultant agrees that the release in Paragraph 10(a) includes but is not limited to an express waiver of rights and claims under federal and state statutes that prohibit employment discrimination on the basis of sex, race, national origin, religion, disability and age, as well as all common law rights and claims, such as breach of contract, express or implied, tort, whether negligent or intentional, constructive discharge, and wrongful discharge. Consultant agrees that the benefits under this Agreement, which he accepts by signing this Agreement and to which he would not otherwise be entitled to the extent provided herein, have value to him that exceeds the value of compensation only for his services as a consultant to the Company.
(c) It is intended that this release be construed in the broadest possible manner, to further the intention of the parties that all potential disputes between them arising out of or connected to Consultant's employment with the Company and any Related Company be forever resolved, subject only to the exceptions in Paragraph 10(d) below.
Release by Consultant. (a) The Consultant, on and from the Novation Date, releases the Principal from:
(i) any obligations and liability under or in respect of the Consultants Agreement; and
(ii) any action, Claim and demand it has, or but for this clause 3.3 would have had, against the Principal under or in respect of the Consultants Agreement.
(b) The Consultant gives this release regardless of:
(i) when the obligation, liability, action, Claim or demand arises; and
(ii) whether or not it is now in the future aware of the facts and circumstances relevant to any obligation, liability, action, Claim or demand.
Release by Consultant. In consideration of his receipt of the payments provided for hereunder, and except for those obligations created by or arising out of this Agreement, including the indemnification obligations of Simon set forth in Paragraph 5 above, Consultant hereby covenants not to sue and fully releases and discharges Simon and its parent, subsidixxx and affiliated entities, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them (hereinafter together and collectively referred to as the "Simon Releasees"), with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or has at any time heretofore owned or held or may in the future hold as against said Simon Releasees, arising out of or in any way connected with his consulting relationship with Simon or the termination thereof, his stockholder status, his Board of Directors status or any other transactions, occurrences, acts or omissions or any loss, damage or injury of any nature or cause whatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of Simon and/or the Simon Releasees, or any of them, committed or omitted on or prior to the Termination Date (collectively, "Consultant Claims"). The foregoing release and covenant not to sue shall not extend to Ronald Burkle; The Yucaipa Companies, LLC; Xxxrseas Toys, L.P.; OA3, XXX; xx Xxxti-Accounts, LLC.
Release by Consultant. Except as set forth in this Agreement and in --------------------- the Consulting and Non-Competition Agreement executed contemporaneously herewith, Consultant hereby releases and forever discharges First Xxxxxxx, the Bank and their directors, officers, agents, employees and representatives, from any and all claims, costs, damages, liabilities or expenses of whatsoever nature, whether in contract or in tort, arising out of or in connection with First Xxxxxxx or the Bank, or any matter pertaining thereto; provided, that nothing herein shall release the liability of the Bank to Consultant with respect to any bank account maintained by Consultant with the Bank.
Release by Consultant. As a material inducement to the Company to enter into this Agreement, Consultant is concurrently herewith executing a valid release in substantially the form attached hereto as Exhibit A.
Release by Consultant. In exchange for the Company entering into this Consulting Agreement, Consultant hereby releases and forever discharges the Company, its officers, directors, employees, shareholders, owners, affiliates, parent and affiliated corporations, successors and assigns from all liability upon claims of any nature whatsoever, including claims in tort, claims for breach of contract, wrongful, bad faith or retaliatory discharge, promissory estoppel, violation of federal or state securities laws, rules or regulations, unpaid dividends, fraud, negligence, defamation, claims for violation of Federal, state and local laws which prohibit discrimination on the basis of race, color, national origin, religion, sex, age and disability, claim arising under the Age Discrimination in Employment Act, as amended, 20 U.S.C. § 621, et. seq., or Title VII of the Civil Rights Act of 1964, as amended, or the Employee Retirement Income Security Act, or the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, and also including any other claims based upon the termination of Consultant’s employment with the Company or any act or event which occurred before the Effective Date of this Consulting Agreement. Consultant further agrees that he will not file a lawsuit against the Company or any of the other persons or entities based upon any act or event which occurred before the Effective Date of this Consulting Agreement or in any way relating to the termination of Consultant’s prior employment by the Company.
Release by Consultant. Consultant hereby releases and discharges the Company and its affiliates, and their respective shareholders, officers, directors, Consultants, insurance carriers, other agents, vendors, consultants, successors and assigns (all such parties collectively are hereinafter referred to as the "Company Released Parties"), of and from any and all claims, costs, damages, expenses, liabilities, obligations and causes of action, whether known or unknown, of every type and kind whatsoever, which Consultant has or may hereafter learn of against any or all of the Company Released Parties, arising from or relating in any way to his employment with the Company or the termination of such employment, including but not limited to claims based upon or relating to: (a) any express or implied employment contract (including but not limited to all Consultant compensation and benefit plans); (b) wrongful discharge; (c) claims of discrimination under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Texas Labor Code, including Chapter 21 of the Texas Labor Code, which prohibit discrimination based on race, color, age, ancestry, national origin, sex, religion, mental or physical disabilities, or marital status; (d) any other federal, state or local laws or regulations prohibiting employment discrimination; or (e) claims for additional wages, compensation, retirement benefits or other entitlements or benefits.
Release by Consultant. As a material inducement to the Company to enter into this Agreement, Consultant hereby agrees to execute a valid release in substantially the form attached hereto as Exhibit A upon the Resignation Date. This Agreement will terminate without any liability to the Company if Consultant does not sign the release on the Resignation Date or if Consultant later revokes the release.
Release by Consultant. Consultant, for himself and for his predecessors, successors, personal representatives, heirs, agents and assigns (collectively, the "Releasing Parties"), hereby releases and discharges each of the Company, Royce and their respective stockholders, directors, officers, employees, affiliates, attorneys, agents and representatives and their predecessors, successors, personal representatives, heirs, agents and assigns, (collectively, the "Consultant's Released Parties"), from any and all actions, causes of action, suits, charges, complaints, claims, liabilities, obligations, controversies, assessments, judgments, proceedings, deficiencies, losses, fines, penalties, costs, damages and expenses (including, without limitation, expenses of investigation and attorney's and expert witnesses' fees and disbursements), of any nature whatsoever, at law or in equity, including without limitation any claims arising under the Age Discrimination in Employment Act (collectively, the "Released Claims"), which the Releasing Parties had, now have, or hereafter may have against any of Consultant's Released Parties, relating to Consultant's employment with the Company and Royce or the termination of Consultant's employment with the Company and Royce. Notwithstanding the provisions of this Section 8, the Consultant's Released Parties shall not be released from their respective obligations contained in (a) this Agreement; (b) Section 7(c) of the Employment Agreement; and (c) the Company's option grants to Consultant.
