Common use of Release by Employee Clause in Contracts

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the Employer, and each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, 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 referred to hereinafter as “Released Parties”), from any and all claims, demands, actions, causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and costs of every kind and nature whatsoever, contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.

Appears in 1 contract

Samples: Separation Agreement and General Release (Shimmick Corp)

AutoNDA by SimpleDocs

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreementa. Employee, Employee on Employee’s own individual his behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, his heirs, successors successors, assigns and assignsagents hereby fully releases, hereby unconditionally releases discharges and forever discharges agrees to hold harmless the EmployerCompany, including all of its parent, subsidiary, affiliated and each related organizations and entities, as well as all of the Employer’s employees, shareholders, their officers, directors, partnersshareholders, owners, members, including its attorneys, agents, employees, servants, representativesinsurers, attorneysbenefit plans, insurance carriersplan administrators and their fiduciaries, parents, subsidiaries, 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 referred to hereinafter as “Released Parties”), of, from any and against all debts, sums of money, fees, claims, charges, demands, actions, causes of action, notes, liabilities and obligations, chargesof whatever nature, damageswhether known or unknown, liabilitiesliquidated, attorneys’ feesunliquidated, contingent or otherwise, and costs of every kind and nature whatsoeverwhether in contract (express or implied), contingentin tort, by statute or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimedotherwise, which Employee had, ever had or now has (or hereafter may have) with respect to anything done or omitted to be done up to the Date of this Agreement and which are or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or be based upon any of themfact, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out ofcondition, or based upon claims incident occurring prior to the date of harassmentthis Agreement, 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 as well as claims which were may arise after the date of this Agreement that are based or could have been asserted by Employee; and all claims generally relating rely upon facts, conditions or incidents occurring before the date of this Agreement including any fact or circumstance related to Employee’s employment with, services rendered to, or on behalf of, separation of employment from the EmployerCompany (collectively the “Released Claims”). The Released Claims include but are not limited to all: (i) all claims arising out of or related to Employee’s employment with any Released Party, and the cessation thereoftermination of that employment, including any alleged violation (ii) claims for compensation or benefits of any federalkind or amount other than the compensation and benefits set forth in this Agreement, state, municipal (iii) claims relating to Company employment practices or other governmental statute, public policy, regulation policies; (iv) all claims in tort or ordinancein contract arising out of any transaction or interaction between Employee and any Released Party; (v) claims under any express or implied contract; (vi) all claims arising under all provisions of California law and statutes, including but not limited to to, the following: the Civil Rights Acts of 1866, 1964California Fair Employment and Housing Act, and 1991(vii) all other claims arising under any other local, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (state or federal statutes, regulations or common law, including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Actbut not limited to, as amended; claims under Title VII of the Civil Rights Act of 1964, as amended; claims under 42 U.S.C. §§ 1981 and 1985 as amended; claims under the Americans with Disabilities Act, as amended; claims under the Federal Age Discrimination in Employment Act (“ADEA”)of 1967, including the amendments provided by the Older Workers Benefits Protection Act, 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; claims under the Employee Retirement Income Security Act ("ERISA")Security, 29 U.S.C. §§1001, et seq., as amended; claims under the Family and Medical Leave Act Act; wrongful and/or retaliatory termination and/or discharge of employment claims; contract or promissory estoppel claims; intentional infliction of emotional distress claims; assault and battery claims; negligence claims; tort claims including negligence claims; personal injury claims; third-party claims; slander, libel and/or defamation claims; and/or qui tam claims law and any claims for damages or equitable relief including, but not limited to, lost wages, physical injuries, mental anguish, loss of consortium, unpaid compensation, loss of earning capacity, and medical expenses. Nothing in this Agreement is intended to waive claims (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq.i) for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as amended), applicable on the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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)date Employee signs this Agreement, (all as amended). The identification of specific statutes is for purposes of example only and the omission of any specific statute iii) that may arise after Employee signs this Agreement, or law shall (iv) which cannot limit the scope of this general release in any mannerbe released by private agreement.

Appears in 1 contract

Samples: Severance and General Release Agreement (Nortek Inc)

Release by Employee. In further consideration (a) Except for those obligations of EMCORE Corporation, a New Jersey corporation (“Employer”) created by or arising out of this General Release Agreement (this “Release”) and the undertakings Separation and promises of General Release Agreement entered into between Employer and Xxxxx Xxx (“Employee”) on December 4, 2018 (the Employer as set forth in this “Separation Agreement”), Employee on Employee’s own individual behalf hereby acknowledges full and on behalf complete satisfaction of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the Employerand covenants not to xxx Employer and each of its affiliated entities, and each of the Employer’s employeestheir directors, managers, officers, members, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any mannerassignees, and the respective predecessors, successors, past and assigns of all of the foregoing present (collectively referred to hereinafter as collectively, Released PartiesReleasees”), from and with respect to any and all claims, demandswages, actionsagreements, obligations, demands and causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and costs of every kind and nature whatsoever, contingent, known or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not knownunknown, suspected or claimedunsuspected, which by Employee hadarising out of or in any way connected with Employee’s employment relationship with Employer, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) Employee’s separation from employment with Employer, or any of themother transactions, by reason of occurrences, losses, damages or injuries, known or unknown, suspected or unsuspected, resulting from any act or omission whatsoever, concerning by or on the part of any matter, cause or thing, including, without limiting the generality of the foregoingReleasees, any claimscommitted or omitted prior to the date that Employee signs this Release, demandswhether based on contract, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out oftort, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, stateforeign, municipal state or other governmental statutelocal common law, public policyregulation, regulation constitution or ordinance, statute (including but not limited to the following: the Civil Rights Acts of 1866various non-discrimination statutes under federal and applicable state law) (collectively, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPAClaims”); provided, however, that the Americans with Disabilities Act; following obligations of Employer to Employee shall not be considered Claims subject to the National releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Relations Act; Code section 2802, under the Immigration Reform Employment Agreement or under Employer’s charter or by-laws, or any defense 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, 29 U.S.C. §§201 et seq.indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as amended)a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 Releasees in any mannercourt, agency, or other forum with regard to any Claims.

Appears in 1 contract

Samples: Separation and General Release Agreement (Emcore Corp)

Release by Employee. In further consideration Employee, for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee, Employee’s respective predecessors, agents, attorneys, subrogees, subrogersheirs, executors, administrators, heirssuccessors, successors and assigns, hereby unconditionally releases attorneys, insurers and forever discharges the Employer, and agents of each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any mannerforegoing, and the respective predecessors, successors, assigns, heirs, executors, and assigns administrators of all each of the foregoing (collectively referred to hereinafter as collectively, Released Employee Releasing Parties”), does hereby covenant not to xxx or contest, by litigation, arbitration or otherwise, and fully and forever remises, releases, discharges and acquits Employer and Company, their present and former employees, affiliates, parent and subsidiary corporations, companies and divisions, the respective present and former directors, stockholders, officers, employees, attorneys and agents of each of the foregoing, and the respective predecessors, successors and assigns of each of the foregoing (each, an “Employer Party” and collectively the “Employer Parties”) for, of, from and against any and all claimsclaims for wages (except for payment of the Severance Amount pursuant to Sections 2.2 and 2.3 hereunder), benefits, covenants, suits, actions, demands, actionsobligations, liabilities, indebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, obligationsnature and kind or description, chargesdebts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, liabilitiescosts, attorneys’ feeslosses and expenses, and costs of every kind and nature whatsoevertype, contingentkind, nature, description or non-contingentcharacter, matured whether known or unmaturedunknown, suspected or unsuspected, liquidated or unliquidated, whether committed or not knownomitted prior to this Agreement, suspected or claimed, which Employee had, now has or may claim to have had each as of the Effective Date against the Released Parties (whether directly or indirectly) or though fully set forth herein at length that in any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising way arise out of, are connected with, or based upon claims relate to (i) Employee’s employment by Employer or any Employer Party; (ii) the cessation of harassment, discrimination, and/or retaliation in Employee’s employment; (iii) Employer’s violation of localany law, State statute 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 regulation pertaining to Employee’s employment withincluding, services rendered to, or on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866to, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights ActAct of 1964, the Age Discrimination in Employment Act (“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 federal Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, the California Labor Code, any California Wage Orders, California Fair Employment and Housing Act, any regulations under the California Civil Codeforegoing, and any and all subsequent amendments to any of the foregoing; (iv) Employer’s or any Employer Party’s breach of contract (except for a breach of this Agreement), including without limitation the employment agreements, or other violation of rules pertaining to Employee’s employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or any other fringe benefit of the Employer or any Employer Party or workers’ compensation or disability claims; and (v) any other claim, loss, damages or injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from or related in any way to any conduct of the Employer or any Employer Party during the time of employment of Employee irrespective of the nature of the conduct (collectively “Employee Released Claims”). Notwithstanding the foregoing, the California Private Attorney General Actclaims released and discharged under Section 3.1 shall in no event include any claims by Employee for indemnification as a director, officer, employee or agent of Employer to the Unfair Business Practices Act/Unfair Competition Law (UCL)fullest extent permissible under contract law, the California Government Codeby-laws, 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 in any mannerother charter provisions.

Appears in 1 contract

Samples: Severance Agreement (Heritage Commerce Corp)

Release by Employee. In further consideration for If all of obligations/conditions (a), (b), (c), (d), and (e) from Paragraph 1 are met by the undertakings and promises of the Employer as set forth in this Agreementdates specified, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the EmployerCompanies as well as any parent companies, and each of the Employer’s employeesaffiliates, shareholderssubsidiaries, divisions, officers, directors, partnersstockholders, membersemployees, including its agents, servants, representatives, attorneys, insurance carrierslessors, parentslessees, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any mannerlicensors and licensees of the Companies, and the their respective predecessors, successors, assigns, heirs, executors and assigns of all of administrators (collectively, the foregoing (collectively referred to hereinafter as “"Companies Released Parties"), from any and all claimsclaims (including attorneys' fees and costs incurred), demands, rights, actions, and/or causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and costs action of every any kind and or nature whatsoever, known or unknown, whether direct, indirect, accrued, inchoate, contingent, potential or non-contingentotherwise, matured in statutory or unmaturedcommon law, liquidated or unliquidated, whether or not known, suspected or claimedin equity, which arose prior to Employee's execution of this Agreement and which Employee hadhas ever had or now has, now has related directly or may claim indirectly to have had as Employee's Employment with the Companies and/or violation by any one or more of the Effective Date against the Company Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thingfederal and/or state civil rights laws, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 on behalf oflimitation, the Employerfederal Family and Medical Leave Act (28 U.S.C. ss. 2601 et seq.), the federal Age Discrimination in Employment Act (29 U.S.C. ss. 621 et seq.), and the cessation thereoffederal Americans with Disabilities Act (42 U.S.C. ss. 12101 et seq.). Employee further agrees that this release applies to all agreements between Companies and Employee or between Companies. Employee further agrees not to hereafter, including directly or indirectly, sue, assist in or be a voluntary party to, except as required by law, xxy suit or proceeding against any alleged violation one or more of the Company Released Parties for any federal, state, municipal claims relating to events occurring prior to or other governmental statute, public policy, regulation or ordinancesimultaneously with the execution of this Agreement, including but not limited to Employee's Employment with the following: the Civil Rights Acts of 1866, 1964, and 1991, Companies as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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 seqprovided for or referenced herein., the Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.

Appears in 1 contract

Samples: Settlement Agreement (Mobile Reach International Inc)

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the Employer, and each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, 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 referred to hereinafter as “Released Parties”), from any and all claims, demands, actions, causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and costs of every kind and nature whatsoever, contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or 14 Employee Initials _______ other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.

Appears in 1 contract

Samples: Separation Agreement and General Release (Shimmick Corp)

Release by Employee. In further consideration for the undertakings and promises of the Employer (a) Except as set forth otherwise expressly provided in this Agreement, Employee on the Employee’s own individual behalf , for himself and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogershis heirs, executors, administrators, heirsassigns, affiliates, successors and assignsagents (collectively, the "Employee's Affiliates") hereby unconditionally fully and without limitation releases and forever discharges the EmployerCompany, its parents, affiliates, subsidiaries, predecessors, successors and each of the Employer’s employeestheir respective agents, representatives, shareholders, owners, officers, directors, partnersemployees, members, including its agents, servants, representativesconsultants, attorneys, insurance carriersauditors, parentsaccountants, subsidiariesinvestigators, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of (collectively, the foregoing (collectively referred to hereinafter as “Released Parties”"Releasees"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, liabilitieslosses, attorneys’ feescosts, expenses and costs compensation, of every kind and whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or non-contingent, matured any of the Employee's Affiliates has or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has may have or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, Company Releasees by reason of any act matter, cause, or omission thing whatsoever, concerning any matter, cause or thingfrom the beginning oftime to the Effective Date ("Claims"), including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee's tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the followingon: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981Xxxx-Xxxxx Act; the Fair Labor Standards Xxxxxxxx-Xxxxx Act (including the Equal Pay Act)of 2002; the California Fair Employment Retirement Income Employee Initials _______ Security and Housing Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“ADEA”)of 1964, as amended; the Older Workers Benefit Protection Act (“OWBPA”); the Americans with With Disabilities Act; the National Labor Relations ActERISA; 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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, any provision of the California Labor Code, ; the California Civil Codecommon law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with 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 in any manneremployment relationship.

Appears in 1 contract

Samples: Separation Agreement and General Release (Galena Biopharma, Inc.)

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this AgreementEmployee, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessorsdescendants, agentsdependents, attorneys, subrogees, subrogersheirs, executors, administrators, heirs, successors assigns and assigns, hereby unconditionally releases and forever discharges the Employersuccessors, and each of them, hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to xxx the Employer’s employeesCompany, shareholdersits divisions, subsidiaries, parents, or affiliated corporations, past and present, and each of them, as well as its and their assignees, successors, directors, officers, directorsmembers, stockholders, partners, members, including its agents, servants, representatives, attorneys, insurance carriersagents or employees, parentspast or present, subsidiariesor any of them (individually and collectively, 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 referred to hereinafter as Released PartiesReleasees”), from and with respect to any and all claims, demandsagreements, actionsobligations, demands and causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and costs of every kind and nature whatsoever, contingent, known or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not knownunknown, suspected or claimedunsuspected, which Employee hadarising out of or in any way connected with Employee’s employment or any other relationship with or interest in the Company or the termination thereof, now has or may claim to have had as including without limiting the generality of the Effective Date against the Released Parties (whether directly foregoing, any claim for profit sharing, bonus or indirectly) similar benefit, pension, retirement, life insurance, health or medical insurance or any other fringe benefit, or disability, or any other claims, agreements, obligations, demands and causes of themaction, by reason of known or unknown, suspected or unsuspected resulting from any act or omission whatsoever, concerning any matter, cause by or thingon the part of Releasees committed or omitted prior to the date of this Agreement set forth below, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; under Title VII of the Civil Rights ActAct of 1964, the Age Discrimination in Employment Act (“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 and Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment Employment and Housing Act ("FEHA"), Government Code §§12940, et seq.Act, the California Family Rights Act, the California Labor Codeor any other federal, state or local law, regulation or ordinance (collectively, the California Civil Code“Claims”); provided, the California Private Attorney General Act, the Unfair Business Practices Act/Unfair Competition Law (UCL), the California Government Code, the that this release does not cover any Claim that cannot be so released as a matter of 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 in any mannerlaw.

Appears in 1 contract

Samples: Severance and General Release Agreement (International Rectifier Corp /De/)

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the Employer, and each of the Employer’s 's employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of the foregoing (collectively referred to hereinafter as "Released Parties"), from any and all claims, demands, actions, causes of action, obligations, charges, damages, liabilities, attorneys' fees, and costs of every kind and any nature whatsoever, contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or 5171051_11 Employee Initials PD indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys' fees and costs relating to, to or arising out of, or based upon claims of harassment, discrimination, and/or retaliation in any alleged 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 oralany contracts, express or implied, and any covenant of good faith and fair dealing; any claim for unlawful , express 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 toimplied, or a tort, or any legal restrictions on behalf ofany of employer's right to terminate employees, the Employer, and the cessation thereof, including any alleged violation of or any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Title VII of the Civil Rights Acts Act of 1866, 1964, and 1991as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. § 198112101, et. seq.; the Fair Labor Standards Family and Medical Leave Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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 Act1993; the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§1001, et seq., of 1974; the Family Medical Leave Equal Pay Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, of 1963; the Worker Adjustment and Retraining Notification Act, including but not limited to any state version thereof; the Genetic Information Nondiscrimination Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; the Arizona Employment Protection Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Arizona Civil Rights Act, A.R.S. §§ 23-353, 23-355, 23-356, to the California Labor Codeextent releasable under the law; and/or any other federal, the California Civil Codestate, the California Private Attorney General Actcity or local anti-discrimination and/or anti-harassment acts, the Unfair Business Practices Act/Unfair Competition Law (UCL)leave laws, the California Government Codestate wage acts and non-interference or non-retaliation statutes, the applicable California Wage Order(s)regulations, (and 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 in any mannerother claims.

Appears in 1 contract

Samples: Severance Agreement and General Release (Viad Corp)

Release by Employee. In further consideration for the undertakings and promises of the Employer (a) Except as set forth otherwise expressly provided in this Agreement, Employee on the Employee’s own individual behalf , for himself and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogershis heirs, executors, administrators, heirsassigns, affiliates, successors and assignsagents (collectively, the “Employee’s Affiliates”) hereby unconditionally fully and without limitation releases and forever discharges the EmployerCompany, Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of the Employer’s employeestheir respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, partnersemployees, members, including its agents, servants, representativesconsultants, attorneys, insurance carriersauditors, parentsaccountants, subsidiariesinvestigators, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of (collectively, the foregoing (collectively referred to hereinafter as Released PartiesReleasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, liabilitieslosses, attorneys’ feescosts, expenses and costs compensation, of every kind and whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or non-contingent, matured any of the Employee’s Affiliates has or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has may have or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, Releasees by reason of any act matter, cause, or omission thing whatsoever, concerning any matter, cause or thingfrom the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, 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 any Compensation Arrangements or any other agreement or compensation or benefit arrangement between the Employee and the Company 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 upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the followingon: the Civil Rights Acts of 1866, 1964, and 1991, as amendedDodd-Fraxx Xxx; 42 U.S.C. § 1981xxe Sarbanes-Xxxxx Xxx xx 2002; the California Fair Labor Standards Act (including the Equal Pay Employment and Housing Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“ADEA”), as amendedof 1964; 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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.the

Appears in 1 contract

Samples: Separation Agreement and General Release (Myovant Sciences Ltd.)

Release by Employee. In further consideration for the undertakings and promises of the Employer (a) Except as set forth otherwise expressly provided in this Agreement, Employee on the Employee, for Employee’s own individual behalf self and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogersheirs, executors, administrators, heirsassigns, affiliates, successors and assignsagents (collectively, the “Employee’s Affiliates”) hereby unconditionally fully and without limitation releases and forever discharges the EmployerCompany, its parents, affiliates, subsidiaries, predecessors, successors and each of the Employer’s employeestheir respective agents, representatives, shareholders, owners, officers, directors, partnersemployees, members, including its agents, servants, representativesconsultants, attorneys, insurance carriersauditors, parentsaccountants, subsidiariesinvestigators, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of (collectively, the foregoing (collectively referred to hereinafter as Released PartiesReleasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, liabilitieslosses, attorneys’ feescosts, expenses and costs compensation, of every kind and whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or non-contingent, matured any of the Employee’s Affiliates has or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has may have or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, Company Releasees by reason of any act matter, cause, or omission thing whatsoever, concerning any matter, cause or thingfrom the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or termination of the Employee by any of the Releasees, the Employee’s tenure as an employee of the Company, any agreement or compensation arrangement between the Employee and the Company to the maximum extent permitted by law. The Employee specifically and expressly releases any Claims arising out of or based upon claims on: the Xxxx-Xxxxx Act; the Xxxxxxxx-Xxxxx Act of harassment, discrimination, and/or retaliation in violation 2002; the Nevada Fair Employment Practices Act; California Fair Employment and Housing Act; Title VII 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts Act of 1964; the Civil Rights Act of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981the Genetic Information Nondiscrimination Act; the Fair Labor Standards Act (including the Equal Pay ActFLSA); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Family and Medical Leave Act (“ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPA”FMLA); the Americans with With Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act of 1974 ("ERISA"); any provision of the laws of Nevada, 29 U.S.C. §§1001Maryland, et seq., the Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment Massachusetts and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform California governing wages and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, hours; the California Labor Code, ; the California Civil Business and Professions Code; the Nevada, and 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 termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with 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 in any manneremployment relationship.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (Spectrum Pharmaceuticals Inc)

Release by Employee. In further For and in consideration for of this Agreement and the undertakings Separation Benefits described in Section 5 hereof, which Employee acknowledges is good and promises of the Employer as set forth valuable consideration, Employee hereby enters into this release in this AgreementSection 4, and after the Retirement Date Employee on Employee’s own individual behalf and will enter into the Exhibit B Release that will become irrevocable according to its terms. Employee on behalf of Employee’s respective predecessors, agentshis heirs, attorneys, subrogees, subrogers, executors, administrators, heirsdependents, successors and assigns, Employee hereby unconditionally releases irrevocably and unconditionally, fully and forever discharges RELEASES, WAIVES, AND DISCHARGES the EmployerCompany and its Affiliates and all of their predecessors, successors and assigns and all of their current and former parents, subsidiaries, divisions, partnerships or other affiliated companies, and each of the Employer’s employees, shareholders, present and former officers, directors, employees, stockholders, partners, members, including its agents, servantsinsurers, representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions employee benefit plans or affiliated organizations or corporationsprograms and their fiduciaries of any of the foregoing, whether previously in their individual or hereafter affiliated in any manner, official capacities and all of the respective predecessors, successors, successors and assigns of all of the foregoing (collectively referred to hereinafter as Released PartiesCompany Group), ) from and against any and all claims, rights, including without limitation all defenses, demands, judgments, actions, causes of action, obligationscosts, charges, damages, liabilities, attorneys’ fees, penalties, taxes, expenses and costs of every kind and nature all liability whatsoever, whether known or unknown, fixed or contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee has, had, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) Company Group, or any of them, by reason of any act relating to or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, of his employment or based upon 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 impliedseparation from employment with the Company Group, and any covenant other events or transactions involving the Company Group, up to and including the date 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 withthe Effective Date of this Agreement. This Agreement includes, services rendered to, or on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but is not limited to (i) any statutory claims under the following: Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Civil Rights Acts of 18661870, 1964, 1964 and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“ADEA”)Act, as amended; the Older Workers 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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Sarbanes Oxley Act, Texas Payday Law, Texas Labor Code or arising from any federal, state, or local statute, ordinance or regulation; (ii) any common law, tort or contract claims; (iii) any claims for compensation, payments, bonuses, reimbursements of expenses, issuance of options, restricted stock, stock or other securities of the Genetic Information Nondiscrimination ActCompany Group (or any exercise, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"issuance or sale of such securities), Government Code §§12940severance, et seq.or benefits, the 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)other than as described herein, (all as amended). The identification of specific statutes is iv) any claims, matters, or actions related in any way to Employee’s employment and separation with the Company Group; and (v) any claims for purposes of example only fees, costs, and the omission disbursements of any specific statute or law shall not limit the scope of this general release in any mannerkind, including attorneys' fees.

Appears in 1 contract

Samples: Retirement and Transition Agreement and Release (Tesco Corp)

AutoNDA by SimpleDocs

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreementcontained herein, Employee on Employee’s own individual behalf hereby irrevocably and on behalf of Employee’s respective predecessorsunconditionally releases, agents, attorneys, subrogees, subrogersacquits and forever discharges for himself and his heirs, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges the Employer, Company and each of the Employer’s employeesCompany's parent companies, shareholdersstockholders, predecessors, successors, assigns, agents, directors, officers, directors, partners, members, including its agents, servantsemployees, representatives, attorneys, insurance carriers, parentsdivisions, subsidiaries, joint venturesAffiliates (and stockholders, divisions or affiliated organizations or corporationsagents, whether previously or hereafter affiliated in any mannerdirectors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the respective predecessors"Company Releasees"), successors, and assigns or any of all of the foregoing (collectively referred to hereinafter as “Released Parties”)them, from any and all charges, complaints, claims, demandsliabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, obligationssuits, chargesrights, damagesdemands, liabilitiescosts, losses, debts and expenses (including attorneys’ fees, ' fees and costs actually incurred) of every kind and any nature whatsoever, contingent, known or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not knownunknown, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thingunsuspected, including, without limiting the generality but not limited to, claims arising directly or indirectly out of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 Employee's employment by Employee; and all claims generally relating to Employee’s employment with, services rendered to, or on behalf of, the EmployerCompany, and the cessation thereoftermination of the Employee's employment, including any alleged violation claims under the Employment Agreement, claims under the Long Term Incentive Plan, claims for compensation of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims arising in tort, personal injury, defamation, mental anguish, emotional distress, injury to health and reputation, claims under federal, statestate or local laws prohibiting discrimination on account of age, municipal or other governmental statutenational origin, public policyrace, regulation or ordinancesex, including but not limited to the following: handicap, religion and similar classifications, claims under the Civil Rights Acts of 1866, 1964, 1866 and 19911871, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Civil Rights Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Actof 1964, Title VII, as amended; Title VII of the Civil Rights Act, Act of 1991; the Age Discrimination in Employment Act (“ADEA”)of 1967, 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 of 1974, as amended; the Americans with Disabilities Act of 1990; similar Colorado laws, including Colorado Rev. Stat. (S) 24-34-402(1)(a), (S) 24-34-301(1)(1994), and similar claims under the laws of Canada and any province or political subdivision thereof ("ERISAClaim" or "Claims"), 29 U.S.C. §§1001which Employee now has, et seq.or ever claimed to have, or could claim against each or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the Family Medical Leave Act (29 USC §2601, et seq), release by the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 Employee in this paragraph shall not limit the scope right of the Employee to seek to enforce the provisions of this general release in any mannerAgreement.

Appears in 1 contract

Samples: Resignation Agreement and General Release (Atlas Corp)

Release by Employee. In further consideration Except for the undertakings and promises of the Employer as obligations set forth in ------------------- this Agreement, Employee on Employee’s own individual behalf and , on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirshimself and his representatives, successors and assigns, hereby unconditionally completely releases and forever discharges the Employer, Employer and each of the Employer’s employeesits predecessors, shareholderssuccessors, assigns, agents, directors, officers, directors, partners, members, including its agents, servantsemployees, representatives, attorneys, insurance carriersparent companies, parentsdivisions, subsidiaries, joint venturesaffiliates (and agents, divisions or affiliated organizations or corporationsdirectors, whether previously or hereafter affiliated in any mannerofficers, employees, representatives and attorneys of such companies), and the respective predecessorsall persons acting by, successorsthrough, and assigns under or in concert with any of all of the foregoing them (collectively collectively, referred to hereinafter as “Released Parties”"Employer Releasees"), from any and all claims, demands, actionscharges, causes of actioncomplaints, liabilities, obligations, chargespromises, agreements, damages, liabilitiessuits, attorneys’ feescosts, losses, debts and expenses (including attorney's fees and costs actually incurred) of every kind and nature whatsoeverany nature, contingentknown or unknown (collectively, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed"Claims"), which Employee now has, or which Employee at any time had, now has or which Employee at any time may claim to have had as of the Effective Date have, against the Released Parties (whether directly or indirectly) each or any of themthe Employer Releasees, by reason arising out of or related to any act, omission, or other thing which existed or occurred on or before the date of Employee's signing of this Agreement. The Claims released under this Agreement include, but are not limited to, any rights arising out of any act alleged violations of any contract or omission whatsoevercovenant, concerning any mattertort, cause any legal restriction on the right of the Employer Releasees or thingany of them to terminate employees, and any federal, state or other governmental statute or regulation, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising out of, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the followinglimitation: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, 1) the Age Discrimination in Employment Act (“ADEA”)age discrimination in employment, as amended; the Older Workers Benefit Protection Act including discrimination against individuals forty (“OWBPA”40) years of age or over); (2) Title VII of the Americans with Disabilities ActCivil Rights Act of 1964 (race, color, religion, sex and national origin discrimination); 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), 3) the Americans With Disabilities Act (“ADA”discrimination against individuals with disabilities), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., ; (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, 4) the California Fair Employ ment Employment and Housing Act ("FEHA"discrimination, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age discrimination); (5) any Claim for salary, Government Code §§12940bonus, et seqexpense reimbursement, accrued vacation and accrued sick leave; and (6) any Claim that the sale of the Employee Shares was for inadequate or unfair consideration., the 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 in any manner.

Appears in 1 contract

Samples: General Release and Settlement Agreement (Korn Ferry International)

Release by Employee. In further consideration Employee, for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogersEmployee's heirs, executors, administrators, heirssuccessors, successors and assigns, hereby unconditionally releases attorneys, insurers and forever discharges the Employer, and agents of each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any mannerforegoing, and the respective predecessors, successors, assigns, heirs, executors, and assigns administrators of all each of the foregoing (collectively referred to hereinafter as “Released collectively, "Employee Releasing Parties"), does hereby covenant not to xxx or contest, by litigation, arbitration or otherwise, and fully and forever remises, releases, discharges and acquits Employer, its present and former employees, affiliates, parent and subsidiary corporations, companies and divisions, the respective present and former directors, stockholders, officers, employees, attorneys and agents of each of the foregoing, and the respective predecessors, successors and assigns of each of the foregoing (each, an "Employer Party" and collectively the "Employer Parties") for, of, from and against any and all claimsclaims for wages (except for payment of the Severance Amount pursuant to Sections 2.2 and 2.3 hereunder), benefits, covenants, suits, actions, demands, actionsobligations, liabilities, indebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of actionaction of every type, obligationsnature and kind or description, chargesdebts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, liabilitiescosts, attorneys’ feeslosses and expenses, and costs of every kind and nature whatsoevertype, contingentkind, nature, description or non-contingentcharacter, matured whether known or unmaturedunknown, suspected or unsuspected, liquidated or unliquidated, whether committed or not knownomitted prior to this Agreement, suspected or claimed, which Employee had, now has or may claim to have had each as of the Effective Date against the Released Parties (whether directly or indirectly) or though fully set forth herein at length that in any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising way arise out of, are connected with, or based upon claims relate to (i) Employee's employment by Employer or any Employer Party; (ii) the cessation 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 Employee's 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 on behalf of, the (iii) Employer, and the cessation thereof, including any alleged 's violation of any federallaw, statestatute or regulation pertaining to Employee's employment including, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866to, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights ActAct of 1964, the Age Discrimination in Employment Act (“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 federal Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, the California Labor Code, any California Wage Orders, California Fair Employment and Housing Act, any regulations under the California Civil Codeforegoing, and any and all subsequent amendments to any of the foregoing; (iv) Employer's or any Employer Party's breach of contract (except for a breach of this Agreement), including without limitation the employment agreements, or other violation of rules pertaining to Employee's employment including, but not limited to, severance pay, sick leave, holiday pay, vacation pay, life insurance, group medical insurance or any other fringe benefit of the Employer or any Employer Party or workers' compensation or disability claims; and (v) any other claim, loss, damages or injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from or related in any way to any conduct of the Employer or any Employer Party during the time of employment of Employee irrespective of the nature of the conduct (collectively "Employee Released Claims"). Notwithstanding the foregoing, the California Private Attorney General Actclaims released and discharged under Section 3.1 shall in no event include any claims by Employee for indemnification as a director, officer, employee or agent of Employer to the Unfair Business Practices Act/Unfair Competition Law (UCL)fullest extent permissible under contract law, the California Government Codeby-laws, 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 in any mannerother charter provisions.

Appears in 1 contract

Samples: Severance Agreement (Heritage Commerce Corp)

Release by Employee. In further consideration for the undertakings and promises of the Employer (a) Except as set forth otherwise expressly provided in this Agreement, Employee on the Employee’s own individual behalf , for herself and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogersher heirs, executors, administrators, heirsassigns, affiliates, successors and assignsagents (collectively, the “Employee’s Affiliates”) hereby unconditionally fully and without limitation releases and forever discharges the EmployerCompany, Myovant, Sumitomo Dainippon Pharma, Co., Ltd. and Sumitovant and each of the Employer’s employeestheir respective parents, affiliates, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, partnersemployees, members, including its agents, servants, representativesconsultants, attorneys, insurance carriersauditors, parentsaccountants, subsidiariesinvestigators, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of (collectively, the foregoing (collectively referred to hereinafter as Released PartiesReleasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, obligations, charges, damages, liabilitieslosses, attorneys’ feescosts, expenses and costs compensation, of every kind and whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or non-contingent, matured any of the Employee’s Affiliates has or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has may have or may claim to have had as of the Effective Date against the Released Parties (whether directly or indirectly) or any of them, Releasees by reason of any act matter, cause, or omission thing whatsoever, concerning any matter, cause or thingfrom the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, Claims arising out of, based upon, or based upon claims relating to the recruitment, hiring, employment, remuneration, or separation of harassmentthe Employee by any of the Releasees, discriminationthe Employee’s tenure as an employee of the Company, 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, the Employment Agreement and any covenant of good faith and fair dealing; Compensation Arrangements or any claim for unlawful other agreement or unfair business practices; all claims for emotional distress; any and all claims which were compensation or could have been asserted by Employee; and all claims generally relating to Employee’s employment with, services rendered to, or on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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; benefit arrangement between 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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.the

Appears in 1 contract

Samples: Separation Agreement and General Release (Myovant Sciences Ltd.)

Release by Employee. In further consideration Employee, for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogersEmployee's heirs, executors, administrators, heirssuccessors, successors and assigns, hereby unconditionally releases and forever discharges the EmployerEmployee's attorneys, and agents of each of the foregoing, and the respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing (collectively, "Employee Releasing Parties") do hereby covenant not to xxx and fully and forever remise, release, discharge, and acquit Employer’s , its employees, shareholderspresent and former affiliates, parent and subsidiary corporations, companies and divisions, the respective present and former directors, stockholders, officers, directors, partners, members, including its agents, servants, representativesemployees, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any mannerand agents of each of the foregoing, and the respective predecessors, successors, and assigns of all each of the foregoing (collectively referred to hereinafter as “Released collectively, "Employer Parties”)") of, from from, and against any and all claims, demandswages, covenants, suits, actions, causes of actiondemands, obligations, chargesliabilities, indebtedness, accounts, judgments, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action of every type, nature and kind or description, debts, amounts of money, accounts, compensations, contracts, controversies, promises, damages, liabilitiescosts, attorneys’ feeslosses, and costs expenses, of every kind and nature whatsoevertype, contingentkind, nature, description, or non-contingentcharacter, matured whether known or unmaturedunknown, suspected or unsuspected, liquidated or unliquidated, whether committed or not knownomitted prior to this Agreement, suspected or claimed, which Employee had, now has or may claim to have had each as of the Effective Date against the Released Parties (whether directly or indirectly) or though fully set forth herein at length that in any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising way arise out of, are connected with, or based upon claims of harassment, discrimination, and/or retaliation in violation of local, State or Federal lawrelate to (i) Employee's employment by Employer; all claims of violation of public policy, including a claim for wrongful termination and/or constructive (ii) 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 on behalf of, the with Employer, and the cessation thereof, including ; (iii) any alleged violation of any federallaw, statestatute or regulation by Employer pertaining to Employee's employment including, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866to, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act of 1964 and all subsequent amendments thereto, the federal Fair Labor Standards Act, the Age Discrimination in Employment Act (“ADEA”)Act, as amended; amended by the Older Workers Benefit Protection Act (“OWBPA”); of 1980, Section 1981 of Title 42 of the Americans with Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act ("ERISA")United States Code, 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, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, the California Labor Code, the any California Civil CodeWage Orders, the California Private Attorney General Fair Employment and Housing Act, and regulations thereunder; (iv) Employer's breach of contract or other violation of 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 any other fringe benefit of the Unfair Business Practices Act/Unfair Competition Law Employer or workers' compensation or disability claims, but not including any rights under the Indemnification Agreement; and (UCLv) any other claim, loss, damages or injury, known or unknown, suspected or unsuspected, liquidated or unliquidated, which arises from any conduct of the Employer during the time of employment of Employee irrespective of the nature of the conduct (collectively "Released Claim(s), 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 in any manner.

Appears in 1 contract

Samples: Mutual Release Agreement (Byl Bancorp)

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreementaccelerated vesting and the right to receive the Option Consideration, Employee on Employee’s own individual behalf the Optionee hereby irrevocably and on behalf of Employee’s respective predecessorsunconditionally releases, agentsacquits, attorneys, subrogees, subrogers, executors, administrators, heirs, successors absolves and assigns, hereby unconditionally releases and discharges forever discharges the Employer, and each of the Employer’s employeesCompany, shareholdersParent, Surviving Corporation and all of their respective "affiliates" (as such term is defined in Rule 12b-2 under the Securities Exchange Act of 1934, as amended (the "Exchange Act")), "control persons" (as such term is used in Section 20 of the Exchange Act), subsidiaries and present and former officers, directors, partnersemployees, members, including its agents, servants, agents and representatives, attorneys, insurance carriers, parents, subsidiaries, joint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, successors and assigns of all of (collectively, the foregoing (collectively referred to hereinafter as “"Released Parties"), from any and all claimsactions, demandsliabilities, actionsobligations, causes of action, obligationsrights of action, demands, charges, damagescomplaints, liabilitiesagreements, attorneys’ feesrights to payment, rights to equitable remedies, obligations of payment or performance, losses, costs, suits, proceedings, debts, judgments, dues, expenses, sums of money, express or implied contracts, agreements, promises and costs of every kind and nature whatsoeverclaims, contingent, whether known or non-contingent, matured or unmaturedunknown, liquidated or unliquidated, whether absolute or not knowncontingent, suspected direct, derivative, incidental or claimedconsequential (collectively, "Claims") which Employee the Optionee ever had, now has or hereafter may claim to have had as against any of the Effective Date against the Released Parties (whether directly or indirectly) or any of themin connection with, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating related to, or arising out of, or based upon claims in connection with, the right to receive, subscribe for the purchase of harassmentor otherwise acquire, discriminationor any options to receive, and/or retaliation subscribe for the purchase of or otherwise acquire, equity interests in violation or any securities 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 the Company (and all claims which were grant and award instruments and agreements governing and evidencing the issuance of such rights or could have been asserted by Employee; options and/or all provisions related to the issuance of such rights or options set forth in any other agreement) existing at or prior to the Effective Time, including, without limitation, the Outstanding Options (and all claims generally relating Grant Agreements and all provisions related to Employee’s employment withthe Outstanding Options set forth in any other agreements). Optionee agrees not to file or join, services rendered tocooperate, induce or acquiesce in the filing or commencement of any case, cause of action, claim, litigation, proceeding or lawsuit (collectively, "Actions") asserting or alleging any matters which are the subject of, or on behalf of, the Employer, and the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited which otherwise relate to the following: release hereby made in, this Agreement. If Optionee files an Action asserting or alleging any such matter, he/she will pay for all costs incurred by the Civil Rights Acts of 1866Released Parties in defending against Optionee's claims, 1964including, without limitation, attorney's fees and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“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 seqexpenses., the Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.

Appears in 1 contract

Samples: Optionee] Agreement and Release (Salant Corp)

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreementa.Employee, Employee on Employee’s own individual his behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, his heirs, successors successors, assigns and assignsagents hereby fully releases, hereby unconditionally releases discharges and forever discharges agrees to hold harmless the EmployerCompany, including all of its parent, subsidiary, affiliated and each related organizations and entities, as well as all of the Employer’s employees, shareholders, their officers, directors, partnersshareholders, owners, members, including its attorneys, agents, employees, servants, representativesinsurers, attorneysbenefit plans, insurance carriersplan administrators and their fiduciaries, parents, subsidiaries, 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 referred to hereinafter as “Released Parties”), of, from any and against all debts, sums of money, fees, claims, charges, demands, actions, causes of action, notes, liabilities and obligations, chargesof whatever nature, damageswhether known or unknown, liabilitiesliquidated, attorneys’ feesunliquidated, contingent or otherwise, and costs of every kind and nature whatsoeverwhether in contract (express or implied), contingentin tort, by statute or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimedotherwise, which Employee had, ever had or now has (or hereafter may have) with respect to anything done or omitted to be done up to the Date of this Agreement and which are or may claim be based upon any fact, condition, or incident occurring prior to have had the date of this Agreement, as well as claims which may arise after the date of this Agreement that are based or rely upon facts, conditions or incidents occurring before the date of this Agreement including any fact or circumstance related to Employee’s employment or separation of employment from the Company (collectively the “Released Claims”). The Released Claims include but are not limited to all: (i) all claims arising out of or related to Employee’s employment with any Released Party, and termination of that employment, (ii) claims for compensation or benefits of any kind or amount other than the compensation and benefits set forth in this Agreement, (iii) claims relating to Company employment practices or policies; (iv) all claims in tort or in contract arising out of any transaction or interaction between Employee and any Released Party; (v) claims under any express or implied contract; (vi) all claims arising under all provisions of California law and statutes, including but not limited to, the California Fair Employment and Housing Act, and (vii) all other claims arising under any other local, state or federal statutes, regulations or common law, including but not limited to, claims under Title VII of the Effective Date against Civil Rights Act of 1964, as amended; claims under 42 U.S.C. §§ 1981 and 1985 as amended; claims under the Released Parties Americans with Disabilities Act, as amended; claims under the Federal Age Discrimination in Employment Act of 1967, including the amendments provided by the Older Workers Benefits Protection Act, as amended; claims under the Employee Retirement Income Security, as amended; claims under the Family and Medical Leave Act; wrongful and/or retaliatory termination and/or discharge of employment claims; contract or promissory estoppel claims; intentional infliction of emotional distress claims; assault and battery claims; negligence claims; tort claims including negligence claims; personal injury claims; third-party claims; slander, libel and/or defamation claims; and/or qui tam claims law and any claims for damages or equitable relief including, but not limited to, lost wages, physical injuries, mental anguish, loss of consortium, unpaid compensation, loss of earning capacity, and medical expenses. Nothing in this Agreement is intended to waive claims (whether directly i) for unemployment or indirectlyworkers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, or any (iv) which cannot be released by private agreement. b. Employee understands that he is releasing claims that he may not know about at this time, and that is his intent. Waiver of themCalifornia Labor Code Section 1542. Employee hereby states that it is his intention in executing this Agreement that the same shall be effective as a bar to each and every claim, by reason of any act or omission whatsoever, concerning any matterdemand, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligationsobligation, chargesdamage, damagesliability, liabilitiescharge, attorneys’ fees and costs relating tohereinabove released. Employee hereby expressly waives and relinquishes all rights and benefits, if any, arising out ofunder the provisions of Section 1542 of the Civil Code of the State of California, which provides: Section 1542 [Certain Claims Not Affected By General Release.] A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. c. Except as otherwise provided in Paragraph 2.d. below, Employee represents that no Released Claims are pending in any court, administrative agency, commission or other forum relating directly or indirectly to his employment by the Company. d. Notwithstanding the foregoing, nothing in this Agreement shall: (i) Interfere with Employee’s right to file a charge or complaint with or participate in an investigation or proceeding conducted by the EEOC, NLRB, or based upon 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 on behalf of, the Employer, and the cessation thereof, including any alleged violation of other any federal, statestate or local agency charged with the enforcement of any laws, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including the Equal Pay Act); the Employment Retirement Income Employee Initials _______ Security Act, as amended; Title VII exercise rights under Section 7 of the Civil Rights ActNLRA to engage in joint activity with other employees, although by signing this release Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, or asserted by any third-party on Employee’s behalf, except where such a waiver of individual relief is prohibited. (ii) Interfere with Employee’s right to challenge the validity, enforceability, or knowing and voluntary nature, of this release under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended; . e. If any person brings any claim contrary to the Older Workers Benefit Protection Act above releases and waivers of claims provided above (“OWBPA”except for any action brought pursuant to Paragraph 2(d); 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. §§1001then any party, et seq., the Family Medical Leave Act (29 USC §2601, et seqincluding any Released Party(ies), who are defendant to that action shall be entitled to reimbursement from the Americans With Disabilities Act (“ADA”)party(ies) who brought such claim or action for costs and attorneys’ fees incurred in defense of that claim. f. This Release does not discharge the Parties from obligations they have under this Agreement. Employee waives any rights to, the Fair Labor Standards Actor to be considered for, 29 U.S.C. §§201 et seqfuture Company employment. 3., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the 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 in any manner.

Appears in 1 contract

Samples: Severance and General Release Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.