Release by the Company. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the Company hereby irrevocably and unconditionally releases, acquits and forever discharges for itself and its agents, successors and assigns, the Employee and his successors and assigns (collectively, the "Employee Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employee's employment with the Company, his separation from employment with the Company or the termination of his employment with the Company, which the Company now has, or ever claimed to have, or could claim against each or any of the Employee Releasees. The Company hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Employee Releasees under any of the laws referenced in this paragraph or with respect to any of the foregoing claims. Notwithstanding the foregoing, the release by the Company in this subparagraph shall not limit the right of the Company to seek to enforce the provisions of this Agreement.
Appears in 3 contracts
Samples: Separation Agreement (Kenetech Corp), Separation Agreement (Kenetech Corp), Separation Agreement (Kenetech Corp)
Release by the Company. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the The Company hereby irrevocably irrevocably, unconditionally and unconditionally releases, acquits and forever discharges for itself and its agents, successors and assigns, generally releases the Employee Executive and his successors heirs, executors, administrators, attorneys and assigns (collectively, the "Employee Executive Releasees")) from, or any of themand hereby waives and/or settles, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rightsdebts, sums of money, agreements, promises, damages, or any liability, claims or demands, costs, losses, debts known or unknown and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoeverwhatsoever and which the Company ever had, known now has or unknownhereafter can, suspected shall or unsuspectedmay have, for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this release (collectively, "Company Claims") arising directly or indirectly pursuant to or out of the EmployeeExecutive's employment with or service as a director of the Company, his separation from employment with performance of services for the Company or any Company Releasee or the termination of his such employment with or services and, including, without limitation, any rights and/or Company Claims (a) arising under or pursuant to any contract, express or implied, written or oral, including, without limitation, the CompanyEmployment Agreement; and (b) for damages, which including punitive or compensatory damages or for attorneys' fees, expenses, costs, injunctive or equitable relief. This paragraph shall not apply to any rights or claims that the Company now has, or ever claimed to have, or could claim against each or any of the Employee Releasees. The Company hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Employee Releasees under any of the laws referenced in this paragraph or with respect to any of the foregoing claims. Notwithstanding the foregoing, the release by the Company in this subparagraph shall not limit the right of the Company to seek to enforce the provisions may have for a breach of this Agreement, including, without limitation, the Executive's undertaking referred to in paragraph 14(b) hereof.
Appears in 1 contract
Samples: Separation Agreement (Players International Inc /Nv/)
Release by the Company. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the Company hereby irrevocably and unconditionally releases, acquits and forever discharges for itself and its agents, successors and assigns, the Employee and his successors and assigns (collectively, the "Employee Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, arising directly or indirectly out of any interactions between the Company and the Employee Releasees from the beginning of time to the present, arising out of the Employee's employment with by the Company, his separation from employment with the Company Company, or the termination of his employment with the CompanyEmployee's employment, which the Company now has, or ever claimed to have, or could claim against each or any of the Employee ReleaseesReleasees (collectively, the "Company Claims"). The Company hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Employee Releasees under any of the laws referenced in this paragraph or with respect to any of the foregoing claimsCompany Claims. Notwithstanding the foregoing, the release by the Company in this subparagraph paragraph shall not limit the right of the Company to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.
Appears in 1 contract
Samples: Separation Agreement (Kenetech Corp)
Release by the Company. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the Company hereby irrevocably and unconditionally releases, acquits and forever discharges for itself and its agents, successors and assigns, the Employee and his successors and assigns (collectively, the "Employee Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, arising directly or indirectly out of any interactions between the Company and the Employee Releasees from the beginning of time to the present, arising out of the Employment Agreement, the Employee's employment with by the Company, his separation from employment with the Company Company, or the termination of his employment with the CompanyEmployee's employment, which the Company now has, or ever claimed to have, or could claim against each or any of the Employee ReleaseesReleasees (collectively, the "Company Claims"). The Company hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Employee Releasees under any of the laws referenced in this paragraph or with respect to any of the foregoing claimsCompany Claims. Notwithstanding the foregoing, the release by the Company in this subparagraph paragraph shall not limit the right of the Company to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.
Appears in 1 contract
Samples: Separation Agreement (Kenetech Corp)
Release by the Company. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth contained herein, the Company Releasees hereby irrevocably and unconditionally releasesrelease, acquits acquit and forever discharges discharge for itself themselves and its each of their stockholders, predecessors, successors, assigns, divisions and subsidiaries, the Employee and his heirs, executors, administrators, agents, successors and assigns, the Employee and his successors and assigns all persons acting by, through, under or in concert with any of them (collectively, the "Employee Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' attorney's fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employee's employment with by the Company, his separation from employment with the Company Company, or the termination of his employment with the CompanyEmployment Agreement, which the Company now has, or ever claimed to have, have or could claim against each or any of the Employee Releasees. The Company hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Employee Releasees under any of the laws referenced in this paragraph or with respect to any of matters covered by the foregoing claimsrelease in this paragraph. Notwithstanding the foregoing, the release by the Company in this subparagraph paragraph shall not limit the right of the Company to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.
Appears in 1 contract
Samples: Separation Agreement (Kenetech Corp)