Release by the Employee. In consideration of the mutual promises contained herein, the Employee hereby releases and forever discharges the Company, its past and present affiliates and its and their past and present security holders, directors, officers, representatives, agents, employees, attorneys, employee benefit plans and their fiduciaries, and their successors (all collectively referred to hereinafter as the "Released Parties"), from any and all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities (all hereinafter referred to as a "Claim"), known or unknown, matured or unmatured, fixed or contingent, that he ever had, now has or may hereafter claim to have against the Released Parties arising directly or indirectly out of, or in any way connected with or based upon, or related in any way to, his employment by the Company, or his termination of employment with the Company, including, but not limited to, any Claim under local, state or federal law based on a claim of discrimination on the basis of age, race, color, religion, creed, sex, sexual harassment, sexual orientation, marital status, national origin, ancestry, present or past history of physical or mental disability or handicap, learning disability or veterans status, or based upon any other status or category protected under law, infliction or commitment of any tort, including wrongful termination of employment, and breach of contract, whether actual or implied or whether written or oral, and any associated attorneys' fees and expenses, in any case, through the date hereof. This waiver specifically refers to rights or Claims arising under the Federal Age Discrimination in Employment Act, 29 U.S. Code ss. 626(f). Other than Claims which may arise or accrue out of the subject matter of the Claims released above, the Employee does not waive rights or Claims against the Released Parties that may arise after the date hereof. The Employee waives rights or Claims in exchange for the consideration referred to in the Agreement (the "Benefits"), which consideration is in addition to anything of value from the Company to which the Employee already is entitled.
Release by the Employee. In consideration of the grant of the Option, the receipt and sufficiency of which are acknowledged, the Employee together with his or her predecessors, successors, heirs, administrators, executors, personal representatives, attorneys and assigns (collectively the “Employee Releasors”) hereby releases, remises, waives and forever discharges Generex and its predecessors, successors, affiliates, subsidiaries, officers, directors, employees, attorneys, contractors, consultants and their respective heirs, administrators, personal representatives, executors, attorneys and assigns (collectively the “Generex Releasees”), from and against all claims, demands, causes of action, contracts, agreements, liabilities, costs, fees, expenses, actions, agreements, payments, and accounts of every nature and kind, both known and unknown, either at law or in equity, that the Employee Releasors now have, ever has had, or may have had up to and until the date this Agreement is executed by the Parties, whether at law or in equity, arising out of or related to the Deferred Amount and any amounts claimed to be due and owing in relation thereto. Notwithstanding the foregoing, nothing in this Agreement shall be construed as releasing the Generex Releasees from any obligations expressly set forth in this Agreement.
Release by the Employee. In consideration of the Company entering into this Agreement, the Employee, on behalf of himself and his heirs, executors, administrators, successors and assigns (collectively, the "Releasing Employee Parties"), knowingly and voluntarily releases and discharges the Company, each of its subsidiaries and affiliates, their respective current and former officers, employees, agents and directors, and any successor or assign of any of the foregoing (collectively, the "Released Company Parties"), from any claim, charge, action or cause of action any of the Releasing Employee Parties may have against any of the Released Company Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any matter, cause or thing whatsoever related to or arising out of the Employee's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge any rights to or claims for indemnification, including associated expenses and attorneys fees and the advancement of either of the foregoing, that Executive currently has or may in the future have under any of the following: the Certificate of Incorporation or By-Laws of the Company, under any applicable insurance policy, or under that certain Indemnity Agreement dated as of September 13, 2000 between Executive and the Company (the "Indemnity Agreement"). In addition, this release shall not extend to or discharge (i) the Employee's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Employee's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Employee's right to enforce the terms and conditions of the Indemnity Agreement or the Company's Certificate of Incorporation or its Bylaws, all of which rights shall be preserved. The Employee represents and warrants that he currently knows of no basis for any claims against the Company, and that neither he nor anyone acting on his behalf has filed any claim, action, suit, complaint or proceeding against the Company in any agency, court or other forum or tribunal.
Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration of the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreement, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company 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, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employment Agreement, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of any other State.
Release by the Employee. (a) Except as otherwise expressly provided in this Agreement, the Employee, for himself and his heirs, exe-cutors, administrators, assigns, affiliates, successors and agents (collectively, the “Employee’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company, its parents, subsidiaries, predecessors, successors and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Releasees”), both individually and collectively, from any and all waivable rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Employee or any of the Employee’s Affiliates has or may have or may claim to have against the Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, remuneration, or 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 on: the Xxxx-Xxxxx Act, Xxxxxxxx-Xxxxx Act of 2002, California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment relationship.
(b) Nothing contained in this Section 9 shall waive the Employee’s right to indemnification under California Labor Code section 2802 in connection with any claim against him based on acts occurring within the course and scope of his position with the Company. The Employee represents that he is unaware that any such claim exists as of the Effective Date.
Release by the Employee. Employee hereby fully and forever releases and discharges the Company, its benefit plans, officers, directors, employees, agents, members, affiliates, parent entities, successors and assigns from liability for claims, causes of action and obligations of every nature whatsoever, including, without limitation, claims of negligence, breach of contract, wrongful discharge, intentional torts, defamation, and violation of federal, state or local laws, among which are laws which prohibit discrimination on the basis of race, color, national origin, religion, sex, age, disability and other protected traits, such as the Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, and the California Fair Employment and Housing Act. This Release covers claims, known or unknown, which are based upon any act, event or failure to act which occurred before the date on which this Release is signed and becomes effective, except claims for vested pension benefits or other claims which cannot, as a matter of law, be released. Employee expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, or any analogous state or federal law, and does so understanding and acknowledging the significance of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows: Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release, Employee expressly acknowledges that this Release is intended to include in its effect, without limitation, all claims which the Employee does not know or suspect to exist at the time this agreement is signed, and that this Release contemplates the extinguishment of any such claim or claims. Employee understands and agrees that, by entering into this Release s/he is waiving any rights or claims that s/he might have under the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act, and that s/he is not waiving any rights or claims that may arise after the date s/he executes this Release.
Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration for the agreements set forth herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, KENETECH Corporation and any related entity (other than KENETECH Windpower, Inc. and its subsidiaries) and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company 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 Employee or his heirs, executors, administrators, agents, successors or assigns, and the Company Releasees from the beginning of time to the present, including but not limited to any matter arising out of the Employment Agreement, the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employee's employment, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of any other State (collectively, the "Employee Claims"). The Employee hereby agrees to forego ...
Release by the Employee. (a) In accordance with Section 5 of the Employment Agreement and except as otherwise provided in Sections 4(c) and 4(d) below, in consideration for the promises contained therein and herein, the Employee hereby releases and forever discharges Versar from, and agrees not to xxx or join in any suit against Versar for, any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causes of action, suits or expenses of any kind or nature whatsoever, known or unknown, foreseen or unforeseen (collectively, “Claims”), of the following types:
(i) any and all Claims of alleged discrimination or acts of discrimination based upon race, color, sex (including sexual harassment), creed, national origin, age, disability, religion, sexual orientation, marital status, parental status or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”) (as further described in Section 4(b) below), the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Family Medical Leave Act, or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment);
(ii) any Claim under any local, state or federal wage, labor or hour law or regulation, wage collection law or regulation, or labor relations law or regulation (including but not limited to the Fair Labor Standards Act and the National Labor Relations Act);
(iii) any Claim that Versar has violated any personnel policies, any handbooks, or any covenants of good faith and fair dealing between Versar and its employees; and
(iv) any Claim that Versar has violated the terms of the Employment Agreement (but excluding any claims based on Versar's failure to pay Termination Payments as required under the Employment Agreement).
(b) The Employee acknowledges that Versar encouraged the Employee to consult with an attorney of the Employee’s choosing prior to executing this Release, and through this Release encourages the Employee to consult with the Employee’s attorney with respect to possible Claims under the ADEA and that the Employee understands that the ADEA is a federal statute that prohibits discrimination, on the basis of age, in employme...
Release by the Employee. The Employee hereby acknowledges that, on February 18, 1997, the Board of Directors of the Company elected the Employee to the executive office of Vice President - Business Solutions and that such position was, and is, at least commensurate with the office of Director BSD Division. In connection therewith, and except for the obligations expressly arising hereunder, the Employee hereby fully, irrevocably and unconditionally releases and discharges the Company, its agents, officers, employees, shareholders, directors, successors and assigns from any and all manner of claims, complaints, demands, causes of action, obligations, liabilities, costs, expenses (including attorneys' fees and costs) and damages, of every kind, either at law or in equity, arising from his employment with the Company prior to the Effective Date.
Release by the Employee. The Employee hereby fully, forever, irrevocably and unconditionally releases, remises and discharges the Company, its officers, directors, stockholders, corporate affiliates, agents and employees (each in their individual and corporate capacities) (hereinafter the “Released Parties”) from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, and expenses (including attorneys’ fees and costs), of every kind and nature which he ever had or now has against the Company, its officers, directors, stockholders, corporate affiliates, agents and employees in such capacities, including, but not limited to, all claims arising out of his employment, all employment discrimination claims under Title VII of the Civil Rights Act of 1964,42 U.S.C. §2000e et seq., the Age Discrimination in Xxxxxxxxxx Xxx, 00 X.X.X., §000 et seq., the Americans With Disabilities Act, 42 X.X.X., §00000 et seq., the Massachusetts Fair Employment Practices Act, M.G.L. c.151 B, § 1 et seq., all claims arising out of the Massachusetts Civil Rights Act, M.G.L. c.12 §§11H and 11I, the Massachusetts Equal Rights Act, c.93 §102 and 103 and M.G.L. c.214, §1C , all damages arising out of all employment discrimination claims, wrongful discharge claims or other common law claims and damages including but not limited to, actions in tort, defamation and breach of contract; all claims to any non-vested ownership interest in the Company contractual or otherwise, including but not limited to claims to stock or stock options, except as described in Section 5.4, and any claim or damage arising out of your employment with or separation from the Company (including a claim for retaliation) under any common law theory or any federal. State or local statute or ordinance not expressly referenced above; provided however that nothing in this Agreement prevents you from filing, cooperating with or participating in any proceeding before the EEOC or a state Fair Employment Practices Agency (except that you acknowledge that you may not be able to recover any monetary benefits in connection with any such claim, charge or proceeding). Notwithstanding the foregoing, this release does not include and will not preclude: (a) claims for unemployment compensation; (b) rights, if any, to defense and indemnification from the Company for ...
