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) The Consultant, on and from the Novation Date, releases the Principal from:
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.
Release by Consultant. Consultant, on behalf of himself, his agents, attorneys, heirs, successors in interest, subrogees, subrogors and assigns, hereby waives, releases and forever discharges the Company and its successors and assigns, and all persons acting by, through, under or in concert with the Company, including all other persons, agents, directors, officers, employees, attorneys, partnerships, parents, subsidiaries, joint ventures, corporations, associations and any other legal entities with whom the Company, has been, is now, or may hereafter be affiliated or associated, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, damages, costs, demands, losses of every kind and nature whatsoever, fixed or contingent, whether known or unknown, anticipated or unanticipated, direct or indirect, whether based on tort, contract, statutory or other legal theories of recovery, and whether for compensatory (both general and specific), punitive or exemplary, statutory or any other form of damages (hereinafter called "Claims"), (a) that have arisen or may arise under ADEA on or before the date of this Agreement or (b) that Consultant otherwise now has, ever had or may have against the Company; provided, however, that the release set forth in this Section 17 shall not apply to (a) Claims based on or arising out of any breach by the Company of any of its agreements set forth in this Agreement which are material or the Other Agreements or (b) Claims based on or arising out of any material matter as to which there has been active and intentional concealment by the Company from Consultant. Consultant acknowledges that his release of Claims under ADEA is done in return for compensation in addition to anything of value to which Consultant was already entitled prior to the date on which this Agreement was executed.
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. Subject to Section 5, in consideration of mutual promises contained in this Amendment, the Consultant voluntarily and of his own free will:
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. Consultant, on his own behalf and on behalf of his heirs, executors, administrators, and assigns (collectively "Consultant Releasors") hereby voluntarily and knowingly releases Company, its current and former parents, subsidiaries, corporate affiliates (including without limitation all its subsidiaries and related entities), joint ventures, predecessors, successors, employees, and assigns from any and all actions, causes of action, claims, grievances, complaints, accounts, or demands ("Claims"), whether known or unknown, which Consultant or any of the Consultant Releasors ever had or may have at any time through the date of this Release, except for Claims under or to enforce the terms of this Agreement, Claims under or to enforce the terms of Schedule II of the Employment Agreement, Claims relating to Consultant's rights under existing deferred compensation and retirement plans and other employee benefit plans, and Claims for reimbursement of reasonable business expenditures incurred by Consultant during the course of his employment at Company (provided that Claims for such reimbursement are submitted by November 25, 2001), which Claims Consultant specifically reserves. Consultant understands and acknowledges that the Claims covered by the Release include Claims for age discrimination under the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended by the Older Workers' Benefit Protection Act of 1990. Consultant further acknowledges that he has been given a reasonable period of time (a maximum of twenty-one (21) days) to consider this Agreement and that he has elected to sign it on this date, after having taken what he considers to be a sufficient period of time to consider it. Consultant understands that he is entitled to revoke this Agreement within seven (7) days after executing it and that this Agreement will not become effective until the seven-day revocation period has
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.
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.
