Common use of Release by Employee Clause in Contracts

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge NPS and each of NPS's subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (NPS Pharmaceuticals Inc), Separation and Release of Claims Agreement (NPS Pharmaceuticals Inc)

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Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of March 14, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq; the Americans With Disabilities Virginia Human Rights Act, § 2.2-3900, et seq. of the Utah Antidiscrimination ActCode of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the New Jersey Law Against DiscriminationCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Worker Adjustment Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Actregulations), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, ; and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 2 contracts

Samples: Separation and Release Agreement (CarLotz, Inc.), Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Utah Antidiscrimination ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the New Jersey Law Against DiscriminationCode of Virginia, the Worker Adjustment other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, regulations and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 2 contracts

Samples: Separation and Release Agreement (CarLotz, Inc.), Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to NPS IMARX to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge NPS IMARX and each any of NPS's IMARX’s subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's ’s fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, including contract of employment, breach of implied covenant of good faith and fair dealing, libel, slander, tort, wrongful discharge or terminationtermination of employment, infliction of emotional distress, employment discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, all Arizona Antidiscrimation Laws, including but not limited to the Utah Antidiscrimination Arizona Civil Rights Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of employment discrimination, claims growing out of any legal restrictions on NPS's IMARX’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS IMARX or the termination of that relationshiprelationship as part of this workforce reduction, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS IMARX by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Arizona Civil Rights Division, the New Jersey Division Industrial Commission of Civil RightsArizona, the United States Department of Labor, or any other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS IMARX or the termination of that relationship. You are not waiving any rights you have to be paid any compensation you are owed through your last day of employment, including any accumulated PTO you are owed, should you be owed any upon termination. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do also are not waive waiving your rights to any worker’s compensation benefits you may be receiving. Notwithstanding anything herein to the contrary, you are not waiving any rights to indemnification you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination Indemnification Agreement and the terms of such agreement remain in Employment Act which may arise from events occurring after the date of this Agreementfull force and effect.

Appears in 2 contracts

Samples: Separation and Release of Claims Agreement (Imarx Therapeutics Inc), Separation and Release of Claims Agreement (Imarx Therapeutics Inc)

Release by Employee. As a material inducement Except for claims related to NPS to enter into this Agreement and in consideration for the payment Company's future performance under the terms of the amount set forth in this AgreementEmployment Agreement (the "Excluded Claims"), you, for yourself you voluntarily and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally irrevocably release and discharge NPS the Companies, their related or affiliated entities, and each of NPS's subsidiaries, affiliatestheir respective predecessors, successors, and assigns, agentsand the current and former officers, directors, officersshareholders, employees, representatives, attorneys and agents of each of the foregoing (any and all persons acting by, through, under or in concert with any of them (which are referred to as "Releasees") of and generally from any and all charges, complaints, claims, demandspromises, chargesagreements, grievancescauses of action, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or debts that relate in any way arising out manner to your employment with or termination of events employment from the Companies, known or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from unknown, which you are releasing have, claim to have, ever had, or ever claimed to have had against any of the Releasees herein includethrough the date on which you execute this Agreement. This general release includes, without implication of limitation, all claims for or related to wrongful or constructive discharge; breach of implied or express contract, ; breach of any implied covenant of good faith and fair dealing; tortious interference with advantageous relations; intentional or negligent misrepresentation, libel, slander, wrongful discharge fraud or termination, deceit; infliction of emotional distress, and unlawful discrimination and any other claims or retaliation under the Age Discrimination in Employment Actcommon law or any statute (including, without implication of limitation, the Older Workers Benefit Protection Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With American with Disabilities Act, the Utah Antidiscrimination ActAge Discrimination in Employment Act or M.G.L. c.151B). Except as expressly provided in this Agreement and/or the Employment Agreement, you also waive any claim for reinstatement, severance, incentive or retention pay, attorney's fees, or costs, relating to the New Jersey Law Against Discriminationabove waived claims. You further agree that you will not hereafter pursue any claim against any Releasee by filing a lawsuit in any local, state or federal court for or on account of anything which has occurred up to the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)present time as a result of your employment, and all other laws prohibiting ageyou shall not seek or accept reinstatement with, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out or damages of any legal restrictions on NPS's right to terminate its employeesnature, and all other claims arising in any way out of your employment relationship with NPS severance, incentive or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back retention pay, front payattorney's fees, or costs from the Companies or any of the other form of compensationReleasees; provided, except as set forth herein. You hereby waive any right however, that nothing in this general release shall be construed to recover damages, costs, attorneys' fees, and any other relief in any proceeding bar or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to limit your employment relationship with NPS or the termination of that relationship. You are not waiving your on-going rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under indemnification subject to and in accordance with the terms of NPS's pension the By-Laws of the Companies and the Indemnification Agreement, dated as of November 5, 1997, by and among you and Meditrust Corporation (the "Indemnification Agreement"), or other NPS employee benefit plans. You also do not waive any claims as otherwise might exist under applicable law, or to enforce your rights for future performance under this Agreement and/or the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.

Appears in 1 contract

Samples: La Quinta Properties Inc

Release by Employee. As a material inducement to NPS to enter into this Agreement and in In consideration for the payment of the amount set forth promises contained in this Agreementparagraph 1, you, for yourself and for all persons claiming by, through, or under you, you hereby absolutely, irrevocably, completely and unconditionally release and forever discharge NPS and each of NPS's quepasa, their respective parents, subsidiaries, affiliatesrelated and affiliated companies, successors, assigns, agentsand its and their past and present employees, directors, officers, employeesagents, representativesshareholders, attorneys members, insurers, attorneys, executors, assigns and all persons acting by, through, under or other representatives of any kind (referred to in concert with any of them (this Agreement as "ReleaseesReleased Parties") of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, liabilities and causes of action of every any kind or nature, known or unknown, arising prior to or through the date you execute this letter agreement, including, but not limited to, any claims, demands, rights, liabilities and nature whatsoever based on causes of action arising or having arisen out of or in connection with your employment or termination of employment with quepasa. You also release and waive any way claim or right to further compensation, benefits, damages, penalties, attorneys' fees, costs or expenses of any kind from quepasa or any of the other Released Parties. You further agree not to file, pursue or participate in any claims, charges, actions or proceedings of any kind in any forum against any of the Released Parties with respect to any manner arising out of events or omissions occurring prior in connection with his/her employment with quepasa or termination of such employment (other than pursuing a claim for Unemployment Compensation benefits to the effective date of this Agreement ("Claims"which he/she may be entitled). The Claims from which you are releasing Releasees herein includeThis release specifically includes, without limitationbut is not limited to, breach a release of implied any and all claims pursuant to state or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, federal wage payment laws; Title VII of the Civil Rights Act of 1964; the Rehabilitation Act of 1973; the Reconstruction Era Civil Rights Acts, 42 U.S.C. 1981-1988; the Fair Labor Standards Act, Civil Rights Act of 1991; the Americans With with Disabilities Act, ; Executive Order 11246; state or federal family and/or medical leave acts; the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Consolidated Omnibus Budget Reconciliation Act (WARN Act), the of 1985; Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, 1974; and any other relief in any proceeding federal, state or action brought against NPS by any other partylocal laws not limited to, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division a release of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy or rights under the Age Discrimination in Employment Act which invasion of privacy. This release covers claims that you know about as well as those he/she may arise from events occurring after the date of this Agreementnot know about, and both liquidated and unliquidated claims.

Appears in 1 contract

Samples: Great Western Land & Recreation Inc

Release by Employee. As a material inducement to NPS to enter into this Agreement and in In consideration for the payment of the amount set forth in this Agreementseverance benefits provided to you by the Company, you, for yourself yourself, your successors, heirs, legatees, personal and for all persons claiming bylegal representatives, through, or under youand assigns (the "Releasors"), hereby absolutely, irrevocably, completely and unconditionally forever release and discharge NPS and each of NPS's subsidiariesthe Company, affiliatesits officers, successorsdirectors, assignsstockholders, employees, agents, directorscorporate affiliates, officerscontrolling persons, employeesand successors, representatives, attorneys and all persons acting by, through, under or in concert with any of them their representatives (the "Releasees") of and from any and all claims, demands, chargescauses of action, grievancessuits, damagescontracts or liabilities whatsoever, debtsin law or in equity, liabilitieswhether known or unknown or suspected to exist by you, accountswhich you have had or may now have against the Company or any of such related parties arising from or connected with your employment with the Company or the termination of that employment, costs, attorneybut specifically excluding whatever rights the Releasors might have to indemnification or payment of expenses arising under the Company's fees, expenses, liens, future rights, and charter or bylaws or any other source (the "Release"). Such claims or causes of action shall include, but not be limited to, (i) any claims, demands, suits or causes of every kind action (i) in connection with any privacy right, civil rights claim, claim for emotional and nature whatsoever based on mental distress; your employment with the Company; or in the termination of that employment; or (ii) pursuant to any way arising out federal, state, or local employment laws, regulations, executive orders, or other requirements, including without limitation those that may relate to sex, race or other forms of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein includediscrimination, including, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the The Americans With Disabilities Act, and the Utah Antidiscrimination ActAge Discrimination in Employment Act Title VII of the Civil Rights Act of 1964; provided, the New Jersey Law Against Discriminationhowever, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, that this Release covers only claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after as of the effective date of this AgreementRelease. Without limiting the generality of the foregoing, you hereby acknowledge and covenant that you have knowingly relinquished and forever released any and all rights and remedies which might otherwise be available to you, including claims for back pay, liquidated damages, recovery of interest, costs, punitive damages or attorneys' fees, and any claims for employment or reemployment with the Company.

Appears in 1 contract

Samples: PSS World Medical Inc

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of February 8, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and causes or damages of action of every any kind and or nature whatsoever based on which Employee may now have, or in any way ever have, whether known or unknown, fixed or contingent, arising out of Employee’s employment with the Company or separation from employment (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, 29 U.S.C. § 215 et seq.; the New Jersey York State Human Rights Law; the New York Labor Law Against Discrimination, (including but not limited to the New York State Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)all provisions prohibiting discrimination and retaliation, and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability provisions regulating wage and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or hour law); the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor DivisionNew York State Correction Law, the New Jersey Division York State Civil Rights Law, Section 125 of the New York Workers' Compensation Law; the New York City Human Rights Law; the Florida Civil RightsRights Act (§§ 760.01 to 760.11, Fla. Stat.); the Florida Whistleblower Protection Act ((§§ 448.101 to 448.105, Fla. Stat.); the Florida Workers’ Compensation Retaliation provision (§§ 440.205, Fla. Stat.); the Florida Minimum Wage Act ((§§ 448.110, Fla. Stat.); Article X, Section 24 of the Florida Constitution (Fla. Const. art. X, § 24); the Florida Fair Housing Act (§§ 760.20 to 760.37, Fla. Stat.); and any federal, state or other administrative agency asserting any claim, charge, demand, grievance, or cause local laws of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (Clever Leaves Holdings Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount benefits set forth in the Separation and Release Agreement entered into by and between the Company and Employee, dated as of April 1, 2022, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq; the Americans With Disabilities Virginia Human Rights Act, § 2.2-3900, et seq. of the Utah Antidiscrimination ActCode of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the New Jersey Law Against DiscriminationCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the Worker Adjustment Code of Virginia, other Virginia statutes and Retraining Notification Act (WARN Actregulations), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, ; and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of promises in this Agreement, you agree to irrevocably and unconditionally release all Claims you may now have or that you could have asserted against the amount Released Parties as set forth in this Agreementsection. The “Released Parties” are Rackspace US, youInc., for yourself Rackspace Hosting, Inc., Datapipe, Inc. and for all persons claiming byof their respective affiliates, throughsubsidiaries, related companies, partnerships, or under youjoint ventures, hereby absolutelyand, irrevocably, completely and unconditionally release and discharge NPS and with respect to each of NPS's subsidiariesthem, affiliatestheir predecessors and successors; and with respect to each entity, successorsall of its past and present employees, officers, directors, fiduciaries, agents, administrators, stockholders, owners, investors, and representatives, assigns, attorneys, agents, directorsboth in their individual and corporate capacities, officers, employees, representatives, attorneys and all any other persons acting by, through, under or in concert with any of them ("Releasees") the persons or entities listed in this subsection. You understand and agree that you are waiving and releasing all claims against the Released Parties, of any known claims, promises, causes of action, including but not limited to breach of contract, conversion, invasion of privacy, intentional infliction of emotional distress, promissory estoppel, equitable estoppel, assault, battery, defamation, disparagement, negligence, fraud, torts, and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and causes similar rights of action of every kind and nature whatsoever based on any type (“Released Claims” or in “Claim(s)”) that you may have against any way arising out of events or omissions occurring prior to Released Party. You further understand that the effective date of this Agreement ("Claims"). The Claims from which that you are releasing Releasees herein includemay arise under many different laws (including statutes, without limitationregulations, other administrative guidance, and common law doctrines), including, but not limited to: the Age Discrimination in Employment Act; Title VII of the Civil Rights Act; Section 1981 of the Civil Rights Act; Executive Order 11246; the Equal Pay Act; Xxxxx Xxxxxxxxx Fair Pay Act; the Americans with Disabilities Act, as amended, Section 503 and 504 of the Rehabilitation Act; the Genetic Information Nondiscrimination Act; the Texas Workers’ Compensation Act; Chapter 21 of the Texas Labor Code; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Fair Labor Standards Act; the National Labor Relations Act; the Family and Medical Leave Act; the Uniformed Services Employment and Reemployment Rights Act; the Defend Trade Secrets Act; any federal, state, or local laws restricting an employer’s right to terminate employees, or otherwise regulating employment; any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith; Claims for physical or personal injury (including, but not limited to, Claims based on the negligence of the Released Parties), wrongful discharge, intentional infliction of emotional distress, fraud, fraud in the inducement, negligent misrepresentation, negligent infliction of emotional distress, defamation, invasion of privacy, conversion, theft, interference with contract or with prospective economic advantage, negligent investigation, claims for wages, severance, bonus, salary, commission and/or benefits, breach of express or implied or express contract, and breach of implied covenant covenants of good faith and fair dealing, libeland similar or related Claims. Nothing in this section is intended to limit or restrict any rights that cannot, slanderby express and unequivocal terms of law, wrongful discharge or terminationbe limited, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front paywaived, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementextinguished.

Appears in 1 contract

Samples: Separation Agreement and Release (Rackspace Technology, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and causes or damages of action of every any kind and or nature whatsoever based on which Employee may now have, or ever have, whether known or unknown, fixed or contingent, in any way all cases arising out of employment with the Company or separation from employment (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, 29 U.S.C. § 215 et seq.; the New Jersey York State Human Rights Law; the New York Labor Law Against Discrimination, (including but not limited to the New York State Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA)all provisions prohibiting discrimination and retaliation, and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability provisions regulating wage and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or hour law); the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor DivisionNew York State Correction Law, the New Jersey Division York State Civil Rights Law, Section 125 of the New York Workers' Compensation Law; the New York City Human Rights Law; the Florida Civil RightsRights Act (§§ 760.01 to 760.11, Fla. Stat.); the Florida Whistleblower Protection Act ((§§ 448.101 to 448.105, Fla. Stat.); the Florida Workers’ Compensation Retaliation provision (§§ 440.205, Fla. Stat.); the Florida Minimum Wage Act ((§§ 448.110, Fla. Stat.); Article X, Section 24 of the Florida Constitution (Fla. Const. art. X, § 24); the Florida Fair Housing Act (§§ 760.20 to 760.37, Fla. Stat.); and any federal, state or other administrative agency asserting any claim, charge, demand, grievance, or cause local laws of action related to your employment relationship with NPS or the termination of that relationshipsimilar effect. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.(b)

Appears in 1 contract

Samples: Separation and Release Agreement (Clever Leaves Holdings Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration for the payment Employee, on behalf of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge NPS himself and each of NPS's subsidiarieshis respective past, affiliatespresent, successorsand future managers, assignsadvisors, agentsrepresentatives, assigns and attorneys, hereby expressly releases, remises, remits, acquits and forever discharges ARTISTdirect, and each of its past, present and future predecessors in interest, successors in interest, related entities, administrators, heirs, executors, parents, owners, officers, shareholders, directors, officersmembers, managers, advisors, employees, representatives, attorneys licensees, subsidiaries, affiliates, agents, assigns and all persons acting byattorneys, through, under or in concert with any of them ("Releasees") of and from any and all manner of action or actions, causes of action, in law or in equity, suits, debts, liens, torts, contracts, agreements, promises, liability, claims, demands, charges, grievancesinterest, damages, debtscharges, liabilities, accountslosses, costs, attorney's fees, and/or attorneys' fees and/or expenses, liensof any nature whatsoever, future rightsknown or unknown, and causes anticipated or unanticipated, fixed or contingent which they now have or may hereafter have, by reason of action any matter, cause, or act whatsoever from the inception of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior time to the effective date execution of this Agreement ("Employee Released Claims"), including, but not limited to, any claim related to or arising out of the 1998 Agreement or the Employment Agreement or Employee's employment with ARTISTdirect or the termination thereof. The Claims from which you are releasing Releasees herein includeforegoing notwithstanding, this release shall not extend to claims for indemnification permitted under the General Corporation Law of the State of Delaware or ARTISTdirect's Bylaws or Certificate of Incorporation, as in effect on the date hereof, arising out of Employee's conduct prior to the Effective Date within the course and scope of his duties as a director or officer of ARTISTdirect. Without limiting the foregoing, Employee understands and agrees that he is waiving any rights he may have had, now has, or in the future may have, to pursue any and all remedies available to Employee under any employment-related cause of action, including without limitation, claims of wrongful discharge, wages, stock options (other than the options listed above), breach of implied or express contract, breach of implied the covenant of good faith and fair dealing, libelwrongful termination in violation of public policy, slanderdefamation, wrongful discharge interference with contract or terminationbusiness advantage, infliction of physical injury, emotional distress, discrimination claims under Title VII of the 1964 Civil Rights Act, as amended, the California Fair Employment and Housing Act, and any other claims under state statutes relating to securities, discrimination or wrongful termination of employment or employment related claims, the Equal Pay Act of 1963, the Americans with Disabilities Act, California Labor Code Section 1197.5, the Age Discrimination in Employment ActAct of 1967, the Older Workers Benefit Protection Actas amended, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act)1866, the Employee Retirement Income Security Act of 1976 (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, ) and any other relief in any proceeding laws and regulations relating to employment or action brought against NPS by any other partythe Employee's receipt of wages, including without limitation the Equal Employment Opportunity Commissionstock, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, stock options or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.

Appears in 1 contract

Samples: Termination Agreement and Mutual General Release (Artistdirect Inc)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in In consideration for the payment of the amount set forth in this Agreementpromises made and the separation pay provided herein, youEmployee hereby fully and forever waives, for yourself releases and for all persons claiming bydischarges and covenants not to sxx BBSI and its current and future agents, throughemployees, or under youattorneys, hereby absolutelyinsurers, irrevocablyofficers, completely and unconditionally release and discharge NPS and each of NPS's subsidiaries, affiliates, successors, assigns, agentsshareholders, directors, officersparent companies, employees, representatives, attorneys subsidiaries and all persons acting by, through, under or in concert with any of them related companies and entities (collectively the "ReleaseesReleased Parties") of from and from against any and all liabilities, claims, demands, actions and causes of action, suits, charges, grievances, damages, debtsor other demands or claims of any kind whatsoever known or unknown, liabilitiesforeseen or unforeseen, accounts, costs, attorney's fees, expenses, liens, future rights, and causes including but not limited to those involving any matter arising out of action of every kind and nature whatsoever based on or in any way arising out of events related, directly or omissions occurring prior indirectly, to Employee's employment with BBSI or the effective date of this Agreement termination thereof (the "Claims"). The Parties agree and acknowledge that the Claims from which you are releasing Releasees herein released include, without limitationbut are not limited to, any Claims or actions based upon any common law tort action, breach of implied or express contract, breach of implied the covenant of good faith and fair dealing, libelmisrepresentation, slanderpromissory estoppel, wrongful discharge or terminationdischarge, fraud, defamation, privacy violations, interference with contract, infliction of emotional distress, discrimination hiring, rehire or reemployment rights, and any other and all discrimination claims or rights to sxx that might be available to Employee under the Age Discrimination in Employment Actfederal, the Older Workers Benefit Protection Actstate, or local statutes, laws, regulations or ordinances, including but not limited to Title VII of the Civil Rights Act; the Americans with Disabilities Act, as amended by the ADA Amendments Act of 1964, 2008; the Family and Medical Leave Act; the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), ; the Employee Retirement Income Security Act (ERISA)Act; the OFCCP laws and related regulations, including Section 503 of the Rehabilitation Act, Section 4212 of the Vietnam Era Veterans Readjustment Act, and all other laws prohibiting ageExecutive Order 11246, race, religion, sex, sexual orientation, national origin, color, disability as amended; the Fair Credit Reporting Act; and other forms any provisions of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employeesthe Oregon Constitution, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationshipOregon statutes and regulations concerning whistleblowing, whether now known or unknown, suspected or unsuspected, including future civil rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any wages and all claims for back payhours, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' feesemployee leaves, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division statutes pertaining to employment. SEPARATION AND RELEASE AGREEMENTPage 1 of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.7

Appears in 1 contract

Samples: Separation and Release Agreement (Barrett Business Services Inc)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment payments and benefits provided to Employee pursuant to that certain Amended and Restated Employment Agreement entered into by and between the Company and Employee, dated as of [________] (the amount set forth in this Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under youEmployee agrees knowingly, hereby absolutelyvoluntarily, irrevocably, completely unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which he or she may now have, or ever had, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim related in any way to Employee’s employment or the termination thereof, including but not limited to sexual harassment, negligence, any claims arising under tort or common law, constructive discharge, whistleblower claims; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Fair Labor Standards Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans With with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Utah Antidiscrimination Employee Retirement Income Security Act, the New Jersey Law Against Discriminationas amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (WARN Act“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Employee Retirement Income Security Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Georgia Equal Pay Act (ERISAGEPA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms ; the Georgia Prohibition of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after Act; the date Georgia Equal Employment for Persons with Disabilities Code (GEEPDC); the Georgia Discriminatory Wage Practices Based on Sex Act; the Constitution of this Agreementthe United States; the Constitution of the State of Georgia; and any and all other causes of action arising under federal, state, and local statutes, rules, regulations, ordinances, or orders to the fullest extent allowable.

Appears in 1 contract

Samples: Employment Agreement (Danimer Scientific, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the US-LEGAL-11047090 174293-0005 Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Utah Antidiscrimination ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the New Jersey Law Against DiscriminationCode of Virginia, the Worker Adjustment other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, regulations and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally release and discharge NPS and each of NPS's ’s subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and from any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's ’s fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's ’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's ’s pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreement.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement

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Release by Employee. As a material inducement IN CONSIDERATION OF THE TERMINATION BENEFITS PROVIDED BY THE COMPANY UNDER THE EMPLOYMENT AGREEMENT AND THE BENEFITS AND THE MUTUAL RELEASE PROVIDED HEREIN, EMPLOYEE HEREBY RELEASES THE COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS PAST, PRESENT AND FUTURE PREDECESSORS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, EMPLOYEE BENEFIT PLANS AND PLAN ADMINISTRATORS FROM ALL CLAIMS AND WAIVES ALL RIGHTS EMPLOYEE MAY HAVE OR CLAIM TO HAVE RELATING TO EMPLOYEE’S EMPLOYMENT WITH THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OR EMPLOYEE’S SEPARATION THEREFROM, arising from events which have occurred up to NPS to enter into the date Employee executes this Agreement and in consideration for the payment of the amount set forth in this AgreementAGREEMENT, youincluding but not limited to, claims, whether previously known or later discovered, for yourself and for all persons claiming byrelief, throughincluding but not limited to, or under youfront pay, hereby absolutelyback pay, irrevocably, completely and unconditionally release and discharge NPS and each of NPS's subsidiaries, affiliates, successors, assigns, agents, directors, officers, employees, representatives, attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and from any and all claims, demands, charges, grievances, compensatory damages, debtspunitive damages, liabilitiesinjunctive relief, accounts, costs, attorney's fees, expenses, liens, future rights, attorneys’ fees and causes of action of every kind and nature whatsoever based on costs or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under remedy, arising under: (i) the Age Discrimination in In Employment ActAct of 1967, as amended, (“ADEA”); (ii) the Older Workers Benefit Protection ActEmployee Retirement Income Security Act of 1974, as amended, (“ERISA”); (iii) Title VII of the Civil Rights Act of 1964, as amended; (iv) the Fair Labor Standards Energy Reorganization Act and Atomic Energy Act, both as amended; (v) the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act“ADA”), the Employee Retirement Income Security Act ; (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of vi) any legal restrictions on NPS's right to terminate its employees, and all other claims arising in wrongful termination claim under any way out of your employment relationship with NPS state or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all federal law; (vii) claims for back pay, front pay, benefits under any employee benefit plan maintained by the Company related to service credits or other issues; (viii) claims under the Older Workers Benefit Protection Act of 1990 (“OWBPA”); and (ix) any other form of compensationfederal, except as set forth hereinstate or local law. You hereby waive any right Notwithstanding the above, this GENERAL RELEASE shall not apply to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have claims under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this AgreementNorth Carolina Workers’ Compensation Act.

Appears in 1 contract

Samples: General Release & Severance Agreement (Progress Energy Inc)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in this Agreement, youincluding the exception to certain provisions of the Loyalty Agreement provisions set forth in Section 9, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which Employee may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; § 2.2-3900, et seq. of the Americans With Disabilities ActCode of Virginia; the Virginia Payment of Wage Law, § 40.1-29, et seq. of the Utah Antidiscrimination ActCode of Virginia; the Virginia Minimum Wage Act § 40.1-28.8, et seq. of the New Jersey Law Against DiscriminationCode of Virginia, the Worker Adjustment other Virginia statutes and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, regulations and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Separation and Release Agreement (CarLotz, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in the UK settlement agreement between the Employee and Cognizant Worldwide Limited (“CWW”) set out in Schedule One of this Agreement, you, for yourself Release and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutelyEmployee, irrevocablyindividually and for Employee’s heirs, completely successors, administrators and unconditionally assigns, agrees to release and discharge NPS CWW, the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which he may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Americans With Disabilities Act, the Utah Antidiscrimination New York State Human Rights Act, the New Jersey Law Against DiscriminationYork City Human Rights Act, the Worker Adjustment and Retraining Notification Act (WARN Act)New York State Labor Law, the Employee Retirement Income Security Act discrimination or retaliation provisions of the New York State Workers’ Compensation Law; and any federal, state or local laws of similar effect. This Release shall not apply to: the Company’s or CWW’s obligations to provide the Severance (ERISAas set out in Clause 4 of Schedule One of this Release), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's ; Employee’s right to terminate its employeesindemnification under any applicable indemnification agreement with the Company, the Company’s governing documents or applicable law and all under any applicable directors’ and officers’ or other third party liability insurance policy(ies); Employee’s right to assert claims arising in any way out of your employment relationship with NPS for workers’ compensation or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior unemployment benefits; Employee’s right to bring to the effective date attention of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity CommissionCommission (“EEOC”) claims of discrimination (provided, the Utah Antidiscrimination and Labor Divisionhowever, the New Jersey Division of Civil Rightsthat Employee releases his right to secure any damages for alleged discriminatory treatment); any right to communicate directly with, cooperate with, or other administrative agency asserting provide information to, any claimfederal, charge, demand, grievance, state or cause of action related local government regulator; any right to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have file an unfair labor practice charge under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or National Labor Relations Act (“NLRA”); Employee’s vested rights under any retirement or welfare benefit plan of the Age Discrimination Company; Employee’s rights in Employment Act which his capacity as an equity holder of the Company; or any other rights that may arise from events occurring after the date of this Agreementnot be waived by an employee under applicable law.

Appears in 1 contract

Samples: General Release (Cognizant Technology Solutions Corp)

Release by Employee. As a material inducement Employee agrees for Employee, Employee’s heirs, executors, administrators, successors and assigns to NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby absolutely, irrevocably, completely and unconditionally forever release and discharge NPS Employer and each of NPS's its subsidiaries, affiliatesrelated companies, successorsparents, successors and assigns, officers, directors, agents, directorsattorneys, officers, employees, representatives, attorneys employees and all persons acting by, through, under or in concert with any of them ("Releasees") of and former employees from any and all claims, debts, promises, agreements, demands, chargescauses of action, grievances, damages, debts, liabilities, accounts, costs, attorney's attorneys’ fees, expenses, liens, future rights, losses and causes of action expenses of every kind and nature whatsoever based on whatsoever, known or in any way unknown, suspected or unsuspected, filed or unfiled, arising prior to the Effective Date of this Agreement, or arising out of events or omissions occurring prior in connection with Employee’s employment by and termination from Employer. This total release includes, but is not limited to, all claims arising directly or indirectly from Employee’s employment with Employer and the termination of that employment; claims or demands related to the effective date salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits and expense reimbursements pursuant to any, state or local law; causes of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein includeaction, without limitationincluding, but not limited to, breach of implied or express contract, breach of the implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distressharm, discrimination wrongful discharge, violation of public policy, defamation and impairment of economic opportunity; any other claims under for violation of the; any claims for violation of the Age Texas Employment Discrimination in Employment Actor Harassment Laws, as amended, the Older Workers Benefit Texas Constitution, and the Employee Polygraph Protection Act; any claims for violation of the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Age Discrimination in Employment Act of 1967, the Older Workers’ Benefit Protection Act, the Americans With Disabilities ActCalifornia and Federal Family and Medical Leave Acts, Section 503 of the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Rehabilitation Act (WARN Act)of 1973, the Employee Retirement Income Security Act (ERISA)Act, as amended, the Fair Labor Standards Act, and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms the Americans With Disabilities Act of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, 1990; or any other form of compensationfacts, except as set forth herein. You hereby waive any right transactions or occurrences relating to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your Employee’s employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this AgreementEmployer.

Appears in 1 contract

Samples: Severance and Release Agreement (Group 1 Automotive Inc)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration for That the payment of the amount set forth in this Agreementundersigned, youXxxx Xxxxx Xxxxxx, for yourself good and for all persons claiming byvaluable consideration, throughthe receipt and sufficiency of which are hereby acknowledged, or under youintending to be legally bound, hereby absolutelyreleases and forever discharges the School Board of Sarasota County, irrevocablyand all of its past and present Board members, completely and unconditionally release and discharge NPS and each of NPS's subsidiariesstudents, parents, agents, representatives, principals, attorneys, affiliates, successorsadministrators vendors, assignscontractors, agentsowners, corporations, subsidiaries, officers, directors, officers, employees, representativesassigns and successors, attorneys and all persons acting byother persons, throughfirms or corporations connected or affiliated therewith (collectively “Releasees”), under or in concert with any of them ("Releasees") of and from any and all legal, equitable or other claims, demands, chargessetoffs, grievancesdefenses, damagescontracts, accounts, suits, debts, liabilitiesagreements, accountsactions, costs, attorney's fees, expenses, liens, future rights, and causes of action action, sums of every kind money, judgments, findings, controversies, disputes, or past, present and nature future duties, responsibilities, obligations, or suits at law and/or equity of whatsoever based on or in any way arising out kind, from the beginning of events or omissions occurring prior the world to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein includehereof, in addition, without limitation, breach any and all actions, causes of implied or express contractaction, breach of implied covenant of good faith and fair dealingclaims, libelcounterclaims, slanderthird party claims, wrongful discharge or termination, infliction of emotional distress, discrimination and any and all other federal, state, local and/or municipality statutes, laws and/or regulations and any ordinance and/or common law pertaining to employment and otherwise and any and all other claims which have been or which could have been asserted against any party in any forum. By signing this Release, Employee knowingly and voluntarily fully releases and forever discharges Releasees of and from all claims, demands and liability of any kind arising under the Age Discrimination in Employment Actany statute, the Older Workers Benefit Protection Actlaw or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Family & Medical Leave Act, the National Labor Relations Act, the Americans With with Disabilities Act, the Utah Antidiscrimination any retaliation statute, any whistleblower statute, any state Human Rights Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this AgreementFla. Stat. You specifically waive any and all claims for back pay, front pay448, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding facts or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights arising under the Age Discrimination in Employment Act which may arise (“ADEA”). This Release is intended to cover all actions, causes of action, claims and demands for damages, loss or injury arising from events occurring after the beginning of time until the date of this Release, whether presently known or unknown to Employee. However, Employee does not waive her rights to claims which may arise after this Release becomes effective. Employee is also not waiving any rights she may have to: (a) her own vested accrued employee benefits under health, welfare, or retirement benefit plans; (b) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) enforce this Agreement; and/or (e) challenge the validity of this Agreement. In addition, Employee is hereby advised to consult with an attorney prior to executing this Release. Employee agrees that she has been given a reasonable time in which to consider the Release and seek such consultation. Employee further warrants that she has consulted with knowledgeable persons concerning the effect of this Release and all rights which she might have under any and all state and federal laws relating to employment and otherwise. Employee fully understands these rights and that by signing this Release Employee forfeits all rights to sue Releasees for matters relating to or arising out of his employment, her separation, or otherwise. Employee may preserve her legal right to sue by refusing to sign this Release, in which case she will not receive the benefit of the additional consideration outlined herein. In accordance with provisions of the ADEA, as amended, 29 U.S.C. §§601- 634, Employee is hereby provided a period of twenty-one (21) days from the date she receives this Release to review the waiver of her rights under the ADEA and sign this Release. Furthermore, Employee has seven (7) days after the date she signs the Release (“Revocation Period”) to revoke her consent. This Release shall not become effective or enforceable until the Revocation Period has expired. If Employee does not deliver a written revocation to Xxxxxxx Xxxxxxx, Board chair for the School Board via certified mail, return receipt with a copy provided simultaneously via e-mail to xxxxxxx.xxxxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx before the Revocation Period expires, this Release will become effective.

Appears in 1 contract

Samples: Separation Agreement

Release by Employee. As a material inducement to NPS to enter into this Agreement and in In consideration for the payment of the amount set forth covenant not to xxx and other consideration recited in this Agreementparagraph 6 herein, you, for yourself Employee does hereby and for all persons claiming byhis successors and assigns, throughrelease, or under youacquit and forever discharge the District and its agents, hereby absolutelyemployees, irrevocablyofficers, completely and unconditionally release and discharge NPS and each of NPS's subsidiariesdirectors, affiliatesinsurers, attorneys, successors, assignsservants, agentsheirs, directorsexecutors, officersadministrators, employeesparents, representatives, attorneys subsidiaries and all persons acting by, through, under or in concert with any of them affiliates ("Releasees"the “Released Parties”) of and from any and all known and unknown claims, actions, causes of action, demands, charges, grievancesrights, damages, debtswages, liabilitiessalaries, accountscommissions, costsbonuses, attorney's fees, expenses, liens, future rights, and causes of action of every kind and nature whatsoever based on or in any way arising out of events or omissions occurring prior to the effective date of this Agreement ("Claims"). The Claims from which you are releasing Releasees herein include, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensationjob assignments, except as set forth herein. You hereby waive any right promotions, transfers, past employment, benefits, including but not limited to recover damageshealth, dental, and life insurance, pension, retirement, stock plan benefits, profit sharing and retirement plan benefits, 401(k) benefits, accrued leave, costs, loss of service, attorneys' fees, expenses and any other relief compensation whatsoever which Employee now has or which may hereafter accrue on account of or in any proceeding way relating to the facts, circumstances and transactions arising out of or action brought against NPS by in any other partyway relating to Employee’s employment with the District, including without limitation any facts, circumstances, transactions, allegations or other matters of any kind, from the Equal Employment Opportunity Commissionbeginning of time up to and including the date hereof. It is the express intention of Employee to reserve any rights, claims or causes of actions that Employee may have against any person or entity other than the Utah Antidiscrimination Released Parties, but to release fully and Labor Divisioncompletely the Released Parties. Therefore, for the New Jersey Division consideration hereinabove described, Employee agrees to a reduction of Civil Rightsthe damages recoverable against all other tortfeasors to the extent of the pro rata share of the liability of the Released Parties, and further agree to indemnify, protect and hold harmless the Released Parties from all judgments, claims, losses or expenses arising out of or by reason of any action, claim or demand by any person on account of the damages sustained by Employee, in any capacity, resulting from the facts and circumstances relating to Employee’s employment with the District, or other administrative agency asserting any claimliability or alleged liability under Act 315 of the Acts of Arkansas for 1941, chargeas amended, demandbeing the Uniform Contribution Among Tortfeasors Act. In addition to the above, grievance, Employee specifically releases any and all claims that he has or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under had against the terms Released Parties as of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of his execution of this Agreement.Agreement under:

Appears in 1 contract

Samples: Separation Agreement

Release by Employee. As a material inducement to NPS Company to enter into this Agreement and in consideration for make the payment of the amount set forth payments described in this Agreement, you, for yourself and for all persons claiming by, through, or under you, Employee hereby absolutely, irrevocably, completely irrevocably and unconditionally release releases, acquits and discharge NPS forever discharges Company and each of NPS's subsidiariesCompany’s owners, affiliatespartners, successorsstockholders, assignspredecessors, successors and assigns (and the agents, directors, officers, employees, representativesrepresentatives and attorneys of the Company), attorneys and all persons acting by, through, under or in concert with any of them ("Releasees") of and collectively, “Released Persons”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, chargescosts (except as otherwise provided hereunder), grievanceslosses, damagesdebts and expenses (including attorney’s fees and costs actually incurred), debtsof any nature whatsoever, liabilitieswhether known or unknown (collectively, accounts“Claims”), costs, attorney's fees, expenses, liens, future rights, and causes arising out of action of every kind and nature whatsoever based on or relating in any way to his employment with Company or his retirement from the Company, which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time hereafter may have, own or hold, or claim to have, own or hold, arising out of events or omissions occurring prior to the effective date execution of this Agreement ("Claims")and between that date and the Retirement Date that are, could have been or could be asserted against any of Released Persons in any action against any of them. The Claims from which you are Employee acknowledges and agrees that he is releasing Releasees herein includeand giving up any right or claim under federal or state law or any political subdivision thereof, without limitation, breach of implied or express contract, breach of implied covenant of good faith and fair dealing, libel, slander, wrongful discharge or termination, infliction of emotional distress, discrimination and any other claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, including but not limited to Title VII of the Civil Rights Act Acts of 19641964 which prohibits discrimination in employment based on age, the Fair Labor Standards Actrace, color, national origin, religion or sex; the Americans With with Disabilities Act, which prohibits discrimination in employment based upon physical or mental disabilities; the Utah Antidiscrimination Family and Medical Leave Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), ; the Employee Retirement Income Security Act (ERISA)Act; and, any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights. Employee also acknowledges and agrees that he is releasing and giving up any claims he has or may have had against Released Persons for other tortious or unlawful conduct. Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms claims of discrimination, claims growing out Employee against any of any legal restrictions on NPS's right to terminate its employees, and all other claims arising Released Persons in any way out of your employment relationship with NPS or the termination of that relationshiplawsuit, whether now known or unknownunknown and that this Agreement contemplates the extinguishment of such claim or claims. This release does not include, suspected or unsuspectedhowever, including future rights, based upon or in any way arising out a release of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rightsEmployee’s right, if any, to unemployment insurance retiree health or similar benefits under Company’s applicable retirement program or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of those obligations created by this Agreement.

Appears in 1 contract

Samples: Retirement Agreement and General Release (Lifepoint Hospitals, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount consideration set forth in (including the payment to Employee of the payments and benefits set forth in) the Confidential Separation and Release Agreement entered into by and between the Company and Employee, effective as of ___________, 2019, (the “Agreement”) to which this AgreementRelease is an exhibit, you, for yourself and for all persons claiming byother good and valuable consideration, throughthe receipt and adequacy of which are hereby acknowledged, or under you, hereby absolutely, irrevocably, completely Employee agrees unconditionally and unconditionally forever to release and discharge NPS the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which she may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Fair Labor Standards Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans With with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Utah Antidiscrimination Employee Retirement Income Security Act, the New Jersey Law Against Discriminationas amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the California Fair Employment and Housing Act, as amended, Cal. Lab. Code § 12940 et seq.; the California Equal Pay Law, as amended, Cal. Lab. Code §§ 1197.5(a),1199.5; the Xxxxx-Xxxxx-Xxxxxxx Family Rights Act of 1991, as amended, Cal. Gov’t Code §§12945.2, 19702.3; the California WARN Act), Cal. Lab. Code § 1400 et seq.; the Employee Retirement Income Security Act (ERISA)California False Claims Act, and all other laws prohibiting ageCal. Gov’t Code § 12650 et seq.; the California Corporate Criminal Liability Act, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or Cal. Penal Code § 387; the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, California Labor Code; and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Confidential Separation and Release Agreement (Tilly's, Inc.)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in this Section 9(a) of the Executive Employment and Non-Disclosure, Non-Competition and Invention Assignment Agreement between the Employee and Cognizant Worldwide Limited (“CWW”) dated 1 April 2019 (the “Executive Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutely, irrevocably, completely and unconditionally Employee agrees to release and discharge NPS CWW, the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which he may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, 29 U.S.C. § 215 et seq.; and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: Employment Agreement (Cognizant Technology Solutions Corp)

Release by Employee. As a material inducement to NPS to enter into this Agreement and in consideration In exchange for the payment of the amount payments and benefits set forth in this Section 9(a) of the Executive Employment and Non-Disclosure, Non-Competition and Invention Assignment Agreement between the Employee and Cognizant Worldwide Limited (“CWW”) dated 12 July 2020 (the “Executive Agreement, you, for yourself ”) and for all persons claiming byother good and valuable consideration (the “Severance”), throughthe receipt and adequacy of which are hereby acknowledged, or under youin executing this general release and the UK settlement agreement set out in Schedule One of this Release, hereby absolutely, irrevocably, completely and unconditionally Employee agrees to release and discharge NPS CWW, the Company and each of NPS's the Company’s affiliated, related, parent and subsidiary corporations, as well as their respective past and present parents, subsidiaries, affiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, agentsinsurers, directorsowners, employees, officers, employees, representatives, attorneys directors and all persons acting by, through, under under, or in concert with them, or any of them ("hereinafter the “Releasees") of and from any and all manner of claims, actions, causes of action, in law or in equity, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney's fees, expenses, liens, future rights, and or damages of any kind or nature which she may now have, or ever have, whether known or unknown, fixed or contingent, including any claims, causes of action or demands of every kind any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by reason of any and nature whatsoever based on or in any way arising out of all acts, omissions, events or omissions facts occurring or existing prior to the effective date Employee’s execution of this Agreement ("Claims")Release which arise in connection with or relate to Employee’s employment with CWW or termination therefrom. The Claims from which you are releasing Releasees herein released hereunder specifically include, without limitationbut are not limited to, any claims for fraud; breach of implied or express contract, ; breach of implied covenant of good faith and fair dealing, libel, slander, ; inducement of breach; interference with contract; wrongful or unlawful discharge or termination, demotion; violation of public policy; sexual or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, commissions, equity, attorneys’ fees, or other compensation of any sort; failure to accommodate disability, including pregnancy; discrimination and or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other claims protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers Workers’ Protection Benefit Protection Act, Act of 1990; Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all other laws prohibiting age, race, religion, sex, sexual orientation, national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS's right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any way arising out of events or omissions occurring prior to the effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys' fees, 29 U.S.C. § 215 et seq.; and any other relief in any proceeding federal, state or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division local laws of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers' compensation benefits. You further do not waive any rights you may have under the terms of NPS's pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act which may arise from events occurring after the date of this Agreementsimilar effect.

Appears in 1 contract

Samples: General Release (Cognizant Technology Solutions Corp)

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