Common use of Release by Employee Clause in Contracts

Release by Employee. In consideration of the promises of Employer under this Agreement, Employee hereby unconditionally releases and forever discharges Employer, Employer's parent, affiliates and subsidiaries, and their respective divisions, successors, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and employees, both individually and in their official capacities (separately a "Released Person", collectively "Released Persons"), from each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, the Employee had or now has against Employer or any other Released Person, including but not limited to any and all actions, charges, claims, rights, liabilities or demands which have arisen or may arise in connection with the terms and conditions of his employment with Employer (including, but not limited to, compensation, benefits, training, placement, promotions, and vacation arrangements), and his entering into, and the circumstances surrounding, the negotiation, signing, and delivery of this Agreement. Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, Employee had or now has, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract (including any employment contract whether written or not), equity, or otherwise, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, Illinois and Wisconsin laws regarding discrimination, similar federal, state and local laws, and any and all matters arising under federal, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recovery, including any claims for attorneys' fees. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated with any interest adverse to Employer or any other Released Person with respect to any matter which is related to Employee's work with Employer.

Appears in 1 contract

Samples: Settlement Agreement and Release (Lawter International Inc)

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Release by Employee. In consideration Employee on his own individual behalf and on behalf of the promises of Employer under this Agreementhis respective predecessors, Employee heirs, successors and assigns, hereby unconditionally releases and forever discharges Employer, and each of Employer's parent, affiliates and subsidiaries, and their respective divisions, successors, assigns, stockholders, and partners, and their past or present directorsemployees, officers, directors, agents, attorneys, insurance carriers, parents, subsidiaries, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and employeesthe respective predecessors, both individually successors and in their official capacities assigns of all of the foregoing (separately a collectively referred to hereinafter as "Released Person", collectively "Released PersonsParties"), from each any and every all claims, demands, causes of action, chargeobligations, claimcharges, rightdamages, liability or demand liabilities, attorneys' fees, and costs of any kind nature whatsoever, contingent, or naturenon-contingent, known matured or unknownunmatured, 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 or arising out of any alleged violation of any contracts, express or implied, any employment policy, any covenant of good faith and fair dealing, express or implied, a tort, or any legal restrictions on any of employer's right to terminate employees, 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 Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee had or now has against Employer or any other Released PersonRetirement Income Security Act of 1974; Employee Initials _______ the Worker Adjustment and Retraining Notification Act, including but not limited to any and all actions, charges, claims, rights, liabilities or demands which have arisen or may arise in connection with the terms and conditions of his employment with Employer (including, but not limited to, compensation, benefits, training, placement, promotions, and vacation arrangements), and his entering into, and the circumstances surrounding, the negotiation, signing, and delivery of this Agreement. Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, Employee had or now has, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract (including any employment contract whether written or not), equity, or otherwise, state version thereof; the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), 1991; the Fair Labor Standards Act (as amended), Credit Reporting Act; the Older Workers Benefit Protection Act; the Sarbanes Oxley Act of 2002, 18 U.S.C. § 1514A et seq., the Americans with Disabilities Xxxxx Xxxxxxxxx Fair Pay Act, the Civil Rights Act of 1991Pub. L. Xx. 000-0, § 0 (2009), the Family and Medical Leave Genetic Non-Discrimination Act, Illinois and Wisconsin laws regarding discrimination42 U.S.C. § 2000ff, similar federalthe Equal Pay Act, state and local laws29 U.S.C. § 206, the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Titles 31, 38a, and 53 of the Connecticut General Statutes, et seq., including but not limited to any supplement thereto; and all matters arising to the extent releasable under federalthe law, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, city or local lawsanti-discrimination and/or anti-harassment acts, rulesstate wage acts and non-interference or non-retaliation statutes, regulations, or ordinances, or any common law actions, and all other claims, rights, liabilities, demands or theories of recovery, including any claims for attorneys' fees. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated with any interest adverse to Employer or any other Released Person with respect to any matter which is related to Employee's work with Employer.

Appears in 1 contract

Samples: Severance Agreement and General Release (Viad Corp)

Release by Employee. In Except for obligations of the Company to you under this agreement and vested benefits payable to you under the Company's benefit programs, in consideration of the promises of Employer under this Agreementseverance benefits provided to you by the Company, Employee you, for yourself, your successors, heirs, legatees, personal and legal representatives, and assigns (the "Releasors"), hereby unconditionally releases forever release and forever discharges Employerdischarge the Company, Employer's parentits officers, affiliates directors, stockholders, employees, agents, corporate affiliates, controlling persons, and subsidiariessuccessors, and their respective divisionsrepresentatives (the "Releasees") from any claims, successorsdemands, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and employees, both individually and in their official capacities (separately a "Released Person", collectively "Released Persons"), from each and every causes of action, chargesuits, claimcontracts or liabilities whatsoever, rightin law or in equity, liability or demand of any kind or nature, whether known or unknownunknown or suspected to exist by you, the Employee which you have had or may now has have against Employer the Company or any of such related parties arising from or connected with your employment with the Company or the termination of that employment, but specifically excluding whatever rights the Releasors might have to indemnification or payment of expenses arising under the Company's charter or bylaws or any other Released Personsource (the "Release"). Such claims or causes of action shall include, including but not be limited to to, any and all actions, charges, claims, rightsdemands, liabilities suits or demands which have arisen or may arise causes of action (i) in connection with the terms any privacy right, civil rights claim, claim for emotional and conditions of his mental distress, your employment with Employer the Company; or the termination of that employment, or (ii) pursuant to any federal, state, or local employment laws, regulations, executive orders, or other requirements, including without limitation those that may relate to sex, race or other forms of discrimination, including, but not limited towithout limitation, compensationTitle VII of the Civil Rights Act of 1964, benefits, training, placement, promotions, and vacation arrangements), and his entering intoThe Americans With Disabilities Act, and the circumstances surroundingAge Discrimination in Employment Act Title VII of the Civil Rights Act of 1964; provided, however, that this Release covers only claims that you may have under the negotiation, signing, and delivery Age Discrimination in Employment Act as of the effective date of this AgreementRelease. Without limiting the generality of the foregoing, specifically included in this release you hereby acknowledge and discharge are each covenant that you have knowingly relinquished and every actionforever released any and all rights and remedies which might otherwise be available to you, chargeincluding claims for back pay, claimliquidated damages, rightrecovery of interest, liability costs, punitive damages or demand of any kind or nature, known or unknown, Employee had or now has, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract (including any employment contract whether written or not), equity, or otherwise, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, Illinois and Wisconsin laws regarding discrimination, similar federal, state and local lawsattorneys' fees, and any and all matters arising under federal, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recovery, including any claims for attorneys' fees. Any action, charge, claim, right, liability, demand employment or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated re-employment with any interest adverse to Employer or any other Released Person with respect to any matter which is related to Employee's work with Employerthe Company.

Appears in 1 contract

Samples: PSS World Medical Inc

Release by Employee. In consideration of the promises payment to you of Employer under this Agreement$10,000 by the Company within 30 days after the Date of Termination, Employee you, for yourself, your successors, heirs, legatees, personal and legal representatives, and assigns (the “Releasors”), hereby unconditionally releases forever release and forever discharges Employerdischarge the Company, Employer's parentits officers, affiliates directors, stockholders, employees, agents, corporate affiliates, controlling persons, and subsidiariessuccessors, and their respective divisionsrepresentatives (the “Releasees”) from any claims, successorsdemands, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and employees, both individually and in their official capacities (separately a "Released Person", collectively "Released Persons"), from each and every causes of action, chargesuits, claimcontracts or liabilities whatsoever, rightin law or in equity, liability or demand of any kind or nature, whether known or unknownunknown or suspected to exist by you, the Employee which you have had or may now has have against Employer the Company or any of such related parties arising from or connected with your employment with the Company or the termination of that employment, but specifically excluding (i) whatever rights the Releasors might have to indemnification or payment of expenses arising under the Company’s charter or bylaws or any other Released Personsource, including and (ii) the Company’s obligations under this Agreement (the “Release”). Such claims or causes of action shall include, but not be limited to to, any and all actions, charges, claims, rightsdemands, liabilities suits or demands which have arisen or may arise causes of action (i) in connection with the terms any privacy right, civil rights claim, claim for emotional and conditions of his mental distress; your employment with Employer the Company; or the termination of that employment; or (ii) pursuant to any federal, state, or local employment laws, regulations, executive orders, or other requirements, including without limitation those that may relate to sex, race or other forms of discrimination, including, but not limited towithout limitation, compensationTitle VII of the Civil Rights Act of 1964, benefits, training, placement, promotions, and vacation arrangements), and his entering intoThe Americans With Disabilities Act, and the circumstances surroundingAge Discrimination in Employment Act Title VII of the Civil Rights Act of 1964; provided, however, that this Release covers only claims that you may have under the negotiation, signing, and delivery Age Discrimination in Employment Act as of the effective date of this AgreementRelease. Without limiting the generality of the foregoing, specifically included in this release you hereby acknowledge and discharge are each covenant that you have knowingly relinquished and every actionforever released any and all rights and remedies which might otherwise be available to you, chargeincluding claims for back pay, claimliquidated damages, rightrecovery of interest, liability costs, punitive damages or demand of any kind or nature, known or unknown, Employee had or now has, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract (including any employment contract whether written or not), equity, or otherwise, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, Illinois and Wisconsin laws regarding discrimination, similar federal, state and local lawsattorneys’ fees, and any and all matters arising under federal, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recovery, including any claims for attorneys' fees. Any action, charge, claim, right, liability, demand employment or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated reemployment with any interest adverse to Employer or any other Released Person with respect to any matter which is related to Employee's work with Employerthe Company.

Appears in 1 contract

Samples: PSS World (PSS World Medical Inc)

Release by Employee. In consideration of the promises of Employer under this Agreementseverance benefits provided to you by the Company, Employee you, for yourself, your successors, heirs, legatees, personal and legal representatives, and assigns (the "Releasors"), hereby unconditionally releases forever release and forever discharges Employerdischarge the Company, Employer's parentits officers, affiliates directors, stockholders, employees, agents, corporate affiliates, controlling persons, and subsidiariessuccessors, and their respective divisionsrepresentatives (the "Releasees") from any claims, successorsdemands, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and employees, both individually and in their official capacities (separately a "Released Person", collectively "Released Persons"), from each and every causes of action, chargesuits, claimcontracts or liabilities whatsoever, rightin law or in equity, liability or demand of any kind or nature, whether known or unknownunknown or suspected to exist by you, the Employee which you have had or may now has have against Employer the Company or any of such related parties arising from or connected with your employment with the Company or the termination of that employment, but specifically excluding (i) whatever rights the Releasors might have to indemnification or payment of expenses arising under the Company's charter or bylaws or any other Released Personsource, including and (ii) the Company's obligations under this Agreement (the "Release"). Such claims or causes of action shall include, but not be limited to to, (i) any and all actions, charges, claims, rightsdemands, liabilities suits or demands which have arisen or may arise causes of action (i) in connection with the terms any privacy right, civil rights claim, claim for emotional and conditions of his mental distress; your employment with Employer the Company; or the termination of that employment; or (ii) pursuant to any federal, state, or local employment laws, regulations, executive orders, or other requirements, including without limitation those that may relate to sex, race or other forms of discrimination, including, but not limited towithout limitation, compensationTitle VII of the Civil Rights Act of 1964, benefits, training, placement, promotions, and vacation arrangements), and his entering intoThe Americans With Disabilities Act, and the circumstances surroundingAge Discrimination in Employment Act Title VII of the Civil Rights Act of 1964; provided, however, that this Release covers only claims that you may have under the negotiation, signing, and delivery Age Discrimination in Employment Act as of the effective date of this AgreementRelease. Without limiting the generality of the foregoing, specifically included in this release you hereby acknowledge and discharge are each covenant that you have knowingly relinquished and every actionforever released any and all rights and remedies which might otherwise be available to you, chargeincluding claims for back pay, claimliquidated damages, rightrecovery of interest, liability costs, punitive damages or demand of any kind or nature, known or unknown, Employee had or now has, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract (including any employment contract whether written or not), equity, or otherwise, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, Illinois and Wisconsin laws regarding discrimination, similar federal, state and local lawsattorneys' fees, and any and all matters arising under federal, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recovery, including any claims for attorneys' fees. Any action, charge, claim, right, liability, demand employment or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated reemployment with any interest adverse to Employer or any other Released Person with respect to any matter which is related to Employee's work with Employerthe Company.

Appears in 1 contract

Samples: PSS World Medical Inc

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Release by Employee. In consideration exchange for the Company’s payment or furnishing to Employee of certain severance under, and as described in, the promises Employment Agreement, which is conditioned upon the execution and delivery of Employer under this AgreementRelease by the Employee, without revocation (the “Severance”), Employee hereby knowingly, irrevocably and unconditionally releases releases, waives, and forever discharges Employerthe Company, Employer's its parent, affiliates and affiliates, subsidiaries, divisions, predecessors, successors and assigns, together with its and their respective divisions, successors, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and directors, employees, both individually officers, representatives, stockholders, successors and in their official capacities assigns (separately a collectively, the "Released Person", collectively "Released PersonsParties"), from each any and every all actions or causes of action, chargesuits, claimclaims, rightcharges, liability complaints, promises, demands and contracts (whether oral or demand written, express or implied, from any source) of any kind or naturenature whatsoever, known or unknown, suspected or unsuspected (“Claim”), which against the Released Parties, Employee had or any of Employee's heirs, executors, administrators, successors or assigns ever had, now has against Employer or hereafter can, shall or may have by reason of any other Released Personmatter, including but not limited cause or thing whatsoever arising from the beginning of time to the date Employee executes this Release and any and all actions, charges, claims, rights, liabilities rights or demands which have arisen or may arise claims relating in connection any way to the termination of Employee's employment with the terms and conditions of his employment with Employer (Company, including, but not limited to, compensation, benefits, training, placement, promotions, and vacation arrangements), and his entering into, and any rights or claims: (a) relating in any way to Employee's employment with the circumstances surrounding, the negotiation, signing, and delivery of this Agreement. Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, Employee had or now has, Company; (b) arising under any lawstatute or regulation including, constitutionbut not limited to, rulethe Age Discrimination in Employment Act, regulation, statute, or common law theory, whether in tort, contract as amended by the Older Workers Benefit Protection Act (including any employment contract whether written or notthe "ADEA"), equitythe National Labor Relations Act, or otherwise, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Americans With Disabilities Act of 1990, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Federal Family and Medical Leave Act of 1993, the Equal Pay Act and the Worker Adjustment and Retraining Notification Act, each as amended, Connecticut state or local laws respecting employment, including but not limiting to, the Connecticut Fair Employment Practices Act, the Connecticut Workers' Compensation Act, the Connecticut Family and Medical Leave Act, Illinois Connecticut's drug testing laws, Connecticut's “whistleblower” statutes, Connecticut's aids testing and Wisconsin laws regarding discrimination, similar federal, state and local medical information laws, and any Connecticut's laws regulating smoking in the workplace and all matters the electronic monitoring of employees; or (c) arising under any other alleged violation of any other federal, state or local employment discrimination lawslaw, rulesincluding civil or human rights law, ordinance, regulation and/or public policy, implied or regulationsexpressed contract, fraud, negligence, estoppel, defamation, infliction of emotional distress or other tort or common-law claim, and under any allegations for costs, fees or other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recoveryexpenses, including any claims for attorneys' reasonable attorney's fees. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated incurred in connection with any interest adverse to Employer or any other Released Person with respect to any matter which is related to of the matters released in this Section 1; provided, however, the foregoing release shall not extinguish the Company’s obligations and the Employee's work with Employer’s rights under the surviving provisions of the Employment Agreement as set forth in Section 14(k) thereof.

Appears in 1 contract

Samples: Employment Agreement (DSL Net Inc)

Release by Employee. In consideration exchange for the Company's payment or furnishing to Employee of certain severance under, and as described in, the promises Employment Agreement, which is conditioned upon the execution and delivery of Employer under this AgreementRelease by the Employee, without revocation (the "Severance"), Employee hereby knowingly, irrevocably and unconditionally releases releases, waives, and forever discharges Employerthe Company, Employer's parentits parents, affiliates and affiliates, subsidiaries, divisions, predecessors, successors and assigns, together with its and their respective divisions, successors, assigns, stockholders, and partners, and their past or present directors, officers, agents, attorneys, and directors, employees, both individually officers, representatives, stockholders, successors and in their official capacities assigns (separately a collectively, the "Released Person", collectively "Released PersonsParties"), from each any and every all actions or causes of action, chargesuits, claimclaims, rightcharges, liability complaints, promises, demands and contracts (whether oral or demand written, express or implied from any source) of any kind or naturenature whatsoever, known or unknown, suspected or unsuspected ("Claim"), which against the Released Parties, Employee had or any of Employee's heirs, executors, administrators, successors or assigns ever had, now has against Employer or hereafter can, shall or may have by reason of any other Released Personmatter, including but not limited cause or thing whatsoever arising from the beginning of time to the date Employee executes this Agreement and any and all actions, charges, claims, rights, liabilities rights or demands which have arisen or may arise claims relating in connection any way to the termination of Employee's employment with the terms and conditions of his employment with Employer (Company, including, but not limited to, compensation, benefits, training, placement, promotions, and vacation arrangements), and his entering into, and any rights or claims: (a) relating in any way to Employee's employment with the circumstances surrounding, the negotiation, signing, and delivery of this Agreement. Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, Employee had or now has, Company; (b) arising under any lawstatute or regulation including, constitutionbut not limited to, rulethe Age Discrimination in Employment Act, regulation, statute, or common law theory, whether in tort, contract as amended by the Older Workers Benefit Protection Act (including any employment contract whether written or notthe "ADEA"), equitythe National Labor Relations Act, or otherwise, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (as amended), the Rehabilitation Act of 1973 (as amended), the Employee Retirement Income Security Act of 1974 (as amended), the Fair Labor Standards Act (as amended), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Americans With Disabilities Act of 1990, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Federal Family and Medical Leave Act of 1993, the Equal Pay Act and the Worker Adjustment and Retraining Notification Act, each as amended, Connecticut state or local laws respecting employment, including but not limiting to, the Connecticut Fair Employment Practices Act, the Connecticut Workers' Compensation Act, the Connecticut Family and Medical Leave Act, Illinois Connecticut's drug testing laws, Connecticut's "whistleblower" statutes, Connecticut's aids testing and Wisconsin laws regarding discrimination, similar federal, state and local medical information laws, and any Connecticut's laws regulating smoking in the workplace and all matters the electronic monitoring of employees; or (c) arising under any other alleged violation of any other federal, state or local employment discrimination laws, rules, or regulations, and under any other federal, state, or local laws, rules, regulations, or ordinances, or any common law actions, claims, rights, liabilities, demands or theories of recoverylaw, including any claims for attorneys' fees. Any actioncivil or human rights law, chargeordinance, claimregulation and/or public policy, rightimplied or expressed contract, liabilityfraud, demand negligence, estoppel, defamation, infliction of emotional distress or other legal proceeding released tort or common-law claim and discharged under this Paragraph 1 is hereinafter referred to as a "Claim". Employee further agrees that he will not instigateallegations for costs, advise fees or encourage any other personexpenses, group of personsincluding reasonable attorney's fees, or any entity to file suit against Employer or any other Released Person and represents and warrants that he has not filed any legal or administrative action of any kind against Employer or any other Released Person. Employee also agrees that he will not hereafter assist or become associated incurred in connection with any interest adverse to Employer or any other Released Person with respect to any matter which is related to of the matters released in this Section 1; provided, however, the foregoing release shall not extinguish the Company's obligations and the Employee's work with Employerrights under the surviving provisions of the Employment Agreement as set forth in Section 14(k) thereof or the Stock Option Agreement granted as of April 15, 2004.

Appears in 1 contract

Samples: Employment Agreement (DSL Net Inc)

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