Common use of Release by Employee Clause in Contracts

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or separation of the Employee by any of the Releasees, the Employee’s tenure as an employee of the Company, and the Compensation Arrangements or any other agreement or compensation arrangement between the Employee and the Company, in each case to the maximum extent permitted by law. In addition, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act; Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; ERISA; any provision of the laws of California governing wages and hours; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful separation; state or federal wage and hour laws; and any other state or federal law, rule or regulation dealing with the employment relationship. In the event this Agreement is entered into prior to the Separation Date, the Employee hereby agrees to re-execute this Agreement and the release on the Separation Date.

Appears in 1 contract

Samples: Confidential Separation Agreement (Urovant Sciences Ltd.)

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Release by Employee. (a) Except In further consideration for the undertakings and promises of the Employer as otherwise expressly provided set forth in this Agreement, the Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, for himself and his heirsagents, attorneys, subrogees, subrogers, executors, administrators, assigns, affiliatesheirs, successors and agents (collectivelyassigns, the “Employee’s Affiliates”) hereby fully and without limitation unconditionally releases and forever discharges the CompanyEmployer, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representativesthe Employer’s employees, shareholders, owners, officers, directors, employeespartners, consultantsmembers, including its agents, servants, representatives, attorneys, auditorsinsurance carriers, accountantsparents, investigatorssubsidiaries, successors joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, and assigns of all of the foregoing (collectively, the collectively referred to hereinafter as ReleaseesReleased Parties”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, lossesliabilities, costsattorneys’ fees, expenses and compensation, costs of whatever every kind and nature whatsoever, known or unknown, fixed or contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which the Employee or any of the Employee’s Affiliates had, now has or may have or may claim to have had as of the Effective Date against the Releasees Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause, cause or thing whatsoever, from the beginning of time to the Effective Date (“Claims”)thing, including, without limiting the generality of the foregoing, any Claims claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based uponupon claims of harassment, discrimination, and/or retaliation in violation of local, State or Federal law; all claims of violation of public policy, including a claim for wrongful termination and/or constructive termination of employment; all claims based on tort, including claims for assault, battery, and sexual battery, and/or breach of contract, whether written or oral, express or implied, and any covenant of good faith and fair dealing; any claim for unlawful or unfair business practices; all claims for emotional distress; any and all claims which were or could have been asserted by Employee; and all claims generally relating to Employee’s employment with, services rendered to, or relating to the recruitment, hiring, employment, remuneration, or separation of the Employee by any of the Releaseeson behalf of, the Employee’s tenure as an employee of the CompanyEmployer, and the Compensation Arrangements cessation thereof, including any alleged violation of any federal, state, municipal or any other agreement governmental statute, public policy, regulation or compensation arrangement between the Employee and the Companyordinance, in each case including but not limited to the maximum extent permitted by law. In addition, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based onfollowing: the Xxxx-Xxxxx ActCivil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Xxxxxxxx-Xxxxx Fair Labor Standards Act of 2002(including the Equal Pay Act); the California Fair Employment and Housing Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1964(“ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPA”); the Americans with Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§1001, et seq., the Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act; ERISA; any provision of , 29 U.S.C. §§201 et seq., (as amended), the laws of California governing wages Fair Credit Reporting Act, the Worker Adjustment and hours; Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California common law on fraudFair Employ ment and Housing Act ("FEHA"), misrepresentationGovernment Code §§12940, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful separation; state or federal wage and hour laws; and any other state or federal law, rule or regulation dealing with the employment relationship. In the event this Agreement is entered into prior to the Separation Dateet seq., the Employee hereby agrees to re-execute this Agreement California Family Rights Act, the California Labor Code, the California Civil Code, the California Private Attorney General Act, the Unfair Business Practices Act/Unfair Competition Law (UCL), the California Government Code, the applicable California Wage Order(s), (all as amended). The identification of specific statutes is for purposes of example only and the omission of any specific statute or law shall not limit the scope of this general release on the Separation Datein any manner.

Appears in 1 contract

Samples: Separation Agreement (Shimmick Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, its Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of their respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or separation of the Employee by any of the Releasees, the Employee’s tenure as an employee of the Company, the Employment Agreement and the any Compensation Arrangements or any other agreement or compensation or benefit arrangement between the Employee and the CompanyCompany and the provisions of Section 6 of this Agreement, in each case to the maximum extent permitted by law. In addition, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based on: the XxxxDodd-Fraxx Xxx; xxe Sarbanes-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of Xxx xx 2002; the California Fair Employment and Housing Act; Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; ERISA; any provision of the laws of California governing wages and hours; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful separation; state or federal wage and hour laws; and any other state or federal law, rule or regulation dealing with the employment relationship. In the event this Agreement is entered into prior to the Separation Date, the Employee hereby agrees to re-execute this Agreement and the release on the Separation Date.the

Appears in 1 contract

Samples: Separation Agreement (Myovant Sciences Ltd.)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his on behalf of Employee, Employee's heirs, executors, administrators, successors, assigns, affiliatesEmployee's attorneys, successors and agents of each of the foregoing, and the respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing (collectively, the “Employee’s Affiliates”"Employee Releasing Parties") do hereby covenant not to xxx and fully and without limitation releases forever remise, release, discharge, and forever discharges the Companyacquit Employer, its parentsemployees, present and former affiliates, subsidiariesparent and subsidiary corporations, predecessorscompanies and divisions, successors the respective present and each of their respective agentsformer directors, representatives, shareholders, ownersstockholders, officers, directors, employees, consultants, attorneys, auditorsand agents of each of the foregoing, accountantsand the respective predecessors, investigatorssuccessors, successors and assigns of each of the foregoing (collectively, the “Releasees”)"Employer Parties") of, both individually from, and collectively, from against any and all rightsclaims, claimswages, covenants, suits, actions, demands, obligations, liabilities, actionsindebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, nature and kind or description, debts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses, costs, expenses and compensationexpenses, of whatever nature whatsoeverevery type, kind, nature, description, or character, whether known or unknown, fixed suspected or contingentunsuspected, which the Employee liquidated or unliquidated, committed or omitted prior to this Agreement, each as though fully set forth herein at length that in any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising way arise out of, based uponare connected with, or relating relate to the recruitment, hiring, employment, remuneration, or separation (i) Employee's employment by Employer; (ii) termination of the Employee by any of the Releasees, the Employee’s tenure as an employee employment with Employer; (iii) any violation of the Companyany law, and the Compensation Arrangements statute or any other agreement or compensation arrangement between the Employee and the Companyregulation by Employer pertaining to Employee's employment including, in each case to the maximum extent permitted by law. In additionbut not limited to, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act; Title VII of the Civil Rights Act of 1964; 1964 and all subsequent amendments thereto, the Americans With Disabilities federal Fair Labor Standards Act; ERISA; any provision , Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1980, Section 1981 of Title 42 of the laws of United States Code, California governing wages Labor Code, any California Wage Orders, California Fair Employment and hoursHousing Act, and regulations thereunder; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, (iv) Employer's breach of contract or covenant, other violation of public policy rules by Employer pertaining to Employee's employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or wrongful separation; state any other fringe benefit of the Employer or federal wage and hour lawsworkers' compensation or disability claims, but not including any rights under the Indemnification Agreement; and (v) any other state claim, loss, damages or federal lawinjury, rule known or regulation dealing with unknown, suspected or unsuspected, liquidated or unliquidated, which arises from any conduct of the Employer during the time of employment relationship. In of Employee irrespective of the event this Agreement is entered into prior to nature of the Separation Date, the Employee hereby agrees to re-execute this Agreement and the release on the Separation Dateconduct (collectively "Released Claim(s)").

Appears in 1 contract

Samples: Mutual Release Agreement (Byl Bancorp)

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Release by Employee. (a) Except In further consideration for the undertakings and promises of the Employer as otherwise expressly provided set forth in this Agreement, the Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, for himself and his heirsagents, attorneys, subrogees, subrogers, executors, administrators, assigns, affiliatesheirs, successors and agents (collectivelyassigns, the “Employee’s Affiliates”) hereby fully and without limitation unconditionally releases and forever discharges the CompanyEmployer, its parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representativesthe Employer’s employees, shareholders, owners, officers, directors, employeespartners, consultantsmembers, including its agents, servants, representatives, attorneys, auditorsinsurance carriers, accountantsparents, investigatorssubsidiaries, successors joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, and assigns of all of the foregoing (collectively, the collectively referred to hereinafter as ReleaseesReleased Parties”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, lossesliabilities, costsattorneys’ fees, expenses and compensation, costs of whatever every kind and nature whatsoever, known or unknown, fixed or contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which the Employee or any of the Employee’s Affiliates had, now has or may have or may claim to have had as of the Effective Date against the Releasees Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause, cause or thing whatsoever, from the beginning of time to the Effective Date (“Claims”)thing, including, without limiting the generality of the foregoing, any Claims claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based uponupon claims of harassment, discrimination, and/or retaliation in violation of local, State or Federal law; all claims of violation of public policy, including a claim for wrongful termination and/or constructive termination of employment; all claims based on tort, including claims for assault, battery, and sexual battery, and/or breach of contract, whether written or oral, express or implied, and any covenant of good faith and fair dealing; any claim for unlawful or unfair business practices; all claims for emotional distress; any and all claims which were or could have been asserted by Employee; and all claims generally relating to Employee’s employment with, services rendered to, or relating to the recruitment, hiring, employment, remuneration, or separation of the Employee by any of the Releaseeson behalf of, the Employee’s tenure as an employee of the CompanyEmployer, and the Compensation Arrangements cessation thereof, including any alleged violation of any federal, state, municipal or any 14 Employee Initials _______ other agreement governmental statute, public policy, regulation or compensation arrangement between the Employee and the Companyordinance, in each case including but not limited to the maximum extent permitted by law. In addition, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based onfollowing: the Xxxx-Xxxxx ActCivil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Xxxxxxxx-Xxxxx Fair Labor Standards Act of 2002(including the Equal Pay Act); the California Fair Employment and Housing Retirement Income Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1964(“ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPA”); the Americans with Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§1001, et seq., the Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act; ERISA; any provision of , 29 U.S.C. §§201 et seq., (as amended), the laws of California governing wages Fair Credit Reporting Act, the Worker Adjustment and hours; Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California common law on fraudFair Employ ment and Housing Act ("FEHA"), misrepresentationGovernment Code §§12940, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful separation; state or federal wage and hour laws; and any other state or federal law, rule or regulation dealing with the employment relationship. In the event this Agreement is entered into prior to the Separation Dateet seq., the Employee hereby agrees to re-execute this Agreement California Family Rights Act, the California Labor Code, the California Civil Code, the California Private Attorney General Act, the Unfair Business Practices Act/Unfair Competition Law (UCL), the California Government Code, the applicable California Wage Order(s), (all as amended). The identification of specific statutes is for purposes of example only and the omission of any specific statute or law shall not limit the scope of this general release on the Separation Datein any manner.

Appears in 1 contract

Samples: Separation Agreement (Shimmick Corp)

Release by Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself herself and his her heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, its Myovant, Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of their respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, successors and assigns (collectively, the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or separation of the Employee by any of the Releasees, the Employee’s tenure as an employee of the Company, the Employment Agreement and the any Compensation Arrangements or any other agreement or compensation or benefit arrangement between the Employee and the Company, in each case to the maximum extent permitted by law. In addition, the Employee specifically and expressly, fully and without limitation releases and forever discharges the Releasees with respect to any Claims arising out of or based on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of 2002; the California Fair Employment and Housing Act; Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; ERISA; any provision of the laws of California governing wages and hours; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful separation; state or federal wage and hour laws; and any other state or federal law, rule or regulation dealing with the employment relationship. In the event this Agreement is entered into prior to the Separation Date, the Employee hereby agrees to re-execute this Agreement and the release on the Separation Date.the

Appears in 1 contract

Samples: Separation Agreement (Myovant Sciences Ltd.)

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