Common use of Release by the Employee Clause in Contracts

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 Except as to any claims arising out of rights provided under this Agreement, in consideration of the mutual promises contained agreements set forth herein, the Employee hereby releases irrevocably and unconditionally releases, acquits and forever discharges the Company, its past Company and present affiliates and its any related entity and their past and present security holdersstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, agents, employees, attorneys, employee benefit plans and their fiduciariesdivisions, and their successors subsidiaries, and all persons acting by, through, under or in concert with any of them (all collectively referred to hereinafter as collectively, the "Released PartiesCompany Releasees"), or any of them, from any and all claims, charges, complaints, liensclaims, demandsassertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, obligationssuits, damages rights, demands, costs, losses, debts and liabilities expenses (all hereinafter referred to as a "Claim")including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, matured suspected or unmaturedunsuspected, fixed or contingent, that he ever had, now has or may hereafter claim to have against the Released Parties arising directly or indirectly out ofof the Employment Agreement, or in any way connected with or based upon, or related in any way to, his employment by the Company, or his termination of Employee's employment with the Company, his separation from employment with the Company or the termination of his employment with the Company, 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, from the beginning of time to the present, including, but not limited towithout limitation, any Claim of the following: claims for workers' compensation, claims in equity or law for wrongful discharge, personal injury claims, claims under localfederal, state or federal law based on a claim of local laws prohibiting discrimination on the basis account of age, race, color, religion, creed, sex, sexual harassment, sexual orientation, marital status, national origin, ancestryrace, present or past history of physical or mental disability or handicapsex, learning disability or veterans statusdisability, religion and other protected classifications, 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 claims under the Federal 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 ActAct of 1967, 29 U.S. Code ss. 626(f). Other than Claims which may arise or accrue out of the subject matter of the Claims released aboveas amended, the Employee does not waive rights Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, and the California Fair Employment and Housing Act or Claims against any comparable law of any other State (collectively, the Released Parties that may arise after the date hereof"Employee Claims"). The Employee waives rights hereby agrees to forego any right to file any charges or Claims in exchange for the consideration referred to in the Agreement (the "Benefits"), which consideration is in addition to anything of value from complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this subparagraph or with respect to which any of the Employee already is entitledClaims. Notwithstanding the foregoing, the release by the Employee in this subparagraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement.

Release by the Employee. In a. As additional consideration of for the mutual promises contained benefits listed herein, the Employee hereby releases and forever discharges the CompanyEmployer, 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 fiduciariessubsidiaries, and their successors (all collectively referred to hereinafter as the "Released Parties")successors, from all claims of any and all claimskind, chargeswhich the Employee, complaintsor the Employee’s agents, liensexecutors, demandsheirs, causes of actionor assigns ever had or now have, obligations, damages and liabilities (all hereinafter referred to as a "Claim"), whether known or unknown, matured or unmatured, fixed or contingent, that he ever had, now has or may hereafter claim up to have against and including 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, includingdate this Agreement is signed. This release includes, but is not limited to, the following: any Claim action or cause of action asserted or which could have been asserted under localthe Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights Act of 1964, all federal, state and/or local statutes related to discrimination, harassment, the Employee Retirement Income Security Act, the Americans With Disabilities Act, the Family Medical Leave Act; claims for wrongful discharge, unjust dismissal, or constructive discharge; claims for breach of any alleged oral, written or implied contract of employment; claims for salary or severance payments not provided by this Agreement; claims for benefits; claims for attorneys fees; and any other claims under any federal, state or federal law based on a claim local statute, law, rule or regulation. Employee understands that this Agreement does not constitute an admission by Employer of discrimination on the basis any: (i) liability; (ii) violation of ageany federal, 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 statusstate, or based upon any other status or category protected under local law, infliction regulation, order, or commitment other requirement of any tort, including wrongful termination of employment, and law; (iii) breach of contract, whether actual or implied implied; (iv) commission of any tort; or whether written or oral, (v) other civil wrong. b. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing 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(fAct of 1967 (“ADEA”) as amended and the Older Workers Benefit Protection Act (“OWBPA”). Other than Claims which Although Employee is releasing any and all claims that Employee may arise or accrue out have under the OWBPA and ADEA, he understands that he may challenge the knowing and voluntary nature of the subject matter release before a court, the Equal Employment Opportunity Commission (“EEOC”), or any other federal, state, or local agency charged with the enforcement of employment laws. Employee understands, however, that if Employee pursues a claim against Employer under the OWBPA or the ADEA to challenge the validity of this release and prevails on the merits of an ADEA claim, the court has the discretion to determine whether Employer is entitled to restitution, recoupment, or set off against a monetary award obtained by him in a court proceeding. Employee also recognizes that Employer may be entitled to recover costs and attorneys’ fees incurred by Employer as specifically authorized under applicable law. c. This Agreement is not intended to and does not limit the Employee’s right to file a charge or participate in an investigative proceeding of the Claims released aboveEEOC or another governmental agency charged with the enforcement of employment laws. However, if Employee files such a charge, Employee agrees that Employee has waived all rights to any money, damages, attorneys’ fees, costs, right to xxx or other relief or remedy in any such charge. This Agreement is not intended to release any claim that is not releasable pursuant to any federal, state or local law or regulation. d. IN EXECUTING THIS AGREEMENT, THE EMPLOYEE ACKNOWLEDGES THAT THE EMPLOYEE HAS BEEN GIVEN AT LEAST TWENTY-ONE (21) DAYS IN WHICH TO CONSIDER SIGNING THIS AGREEMENT AND THE RELEASE CONTAINED HEREIN. e. THE EMPLOYEE IS ADVISED TO CONSULT WITH AN ATTORNEY OF EMPLOYEE’S CHOICE CONCERNING THIS AGREEMENT AND RELEASE. f. THE EMPLOYEE HAS CAREFULLY AND FULLY UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT AND RELEASE, AND IS ENTERING INTO THIS AGREEMENT AND RELEASE VOLUNTARILY. g. THE EMPLOYEE ACKNOWLEDGES THAT THE CONSIDERATION THE EMPLOYEE IS RECEIVING IN EXCHANGE FOR EXECUTING THIS AGREEMENT AND RELEASE IS GREATER THAN THAT WHICH EMPLOYEE WOULD BE ENTITLED TO IN THE ABSENCE OF THIS AGREEMENT AND RELEASE. h. THE EMPLOYEE HAS NOT RELIED UPON ANY REPRESENTATION OR STATEMENT, WRITTEN OR ORAL, NOT SET FORTH IN THIS DOCUMENT. THE EMPLOYEE ACKNOWLEDGES THAT THIS DOCUMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN THE EMPLOYEE AND THE EMPLOYER AND THAT IT MAY NOT BE CHANGED ORALLY. i. THE EMPLOYEE UNDERSTANDS THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THIS AGREEMENT WITHIN SEVEN (7) DAYS OF SIGNING IT, AND THAT THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THIS SEVEN DAY PERIOD HAS EXPIRED. THE PARTIES ACKNOWLEDGE THAT SUCH REVOCATION MUST BE IN WRITING ADDRESSED TO AND RECEIVED BY XXXX XXXXXXXXX, SVP OF HUMAN RESOURCES, HOME PROPERTIES, L.P. 000 XXXXXXX XXXXXX, XXXXXXXXX, XXX XXXX 00000. If the Employee revokes this Agreement, the Employee does will not waive rights or Claims against receive 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 entitledmonies and benefits described above.

Release by the Employee. In Except as to any claims arising out of rights provided under this Agreement, and if all payments hereunder are made when due, in consideration of for the mutual promises agreements contained herein, the Employee hereby releases irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company, its past and present affiliates and its Company or any related entity and their past and present security holdersstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, agents, employees, attorneys, employee benefit plans and their fiduciariesdivisions, and their successors subsidiaries, and all persons acting by, through, under or in concert with any of them (all collectively referred to hereinafter as collectively, the "Released PartiesCompany Releasees"), or any of them, from any and all claims, charges, complaints, liensclaims, demandsassertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, obligationssuits, damages rights, demands, costs, losses, debts and liabilities expenses (all hereinafter referred to as a "Claim")including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, matured suspected or unmaturedunsuspected, 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 of the Employee's employment by the Company, or his termination of separation from employment with the Company, or the termination of the Employment Agreement, which the Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, but not limited towithout limitation, any Claim of the following: claims under localthe Employment Agreement, claims for workers' compensation, claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or federal law based on a claim of local laws prohibiting discrimination on the basis account of age, race, color, religion, creed, sex, sexual harassment, sexual orientation, marital status, national origin, ancestryrace, present or past history of physical or mental disability or handicapsex, learning disability or veterans statusdisability, religion and other protected classifications, 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 claims under the Federal 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 ActAct of 1967, 29 U.S. Code ss. 626(f). Other than Claims which may arise or accrue out of the subject matter of the Claims released aboveas amended, the Employee does not waive rights Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, or Claims against the Released Parties that may arise after California Fair Employment and Housing Act (collectively, the date hereof"Claims"). The Employee waives rights hereby agrees to forego any right to file any charges or Claims in exchange for the consideration referred to in the Agreement (the "Benefits"), which consideration is in addition to anything of value from complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this paragraph or with respect to which any of the Claims. Notwithstanding the foregoing, the release by the Employee already is entitledin this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.

Release by the Employee. In Except as to any claims arising out of rights provided under this Agreement, in consideration of the mutual promises contained agreements set forth herein, the Employee hereby releases irrevocably and unconditionally releases, acquits and forever discharges the Company, its past Company and present affiliates and its any related entity and their past and present security holdersstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, agents, employees, attorneys, employee benefit plans and their fiduciariesdivisions, and their successors subsidiaries, and all persons acting by, through, under or in concert with any of them (all collectively referred to hereinafter as collectively, the "Released PartiesCompany Releasees"), or any of them, from any and all claims, charges, complaints, liensclaims, demandsassertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, obligationssuits, damages rights, demands, costs, losses, debts and liabilities expenses (all hereinafter referred to as a "Claim")including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, matured suspected or unmaturedunsuspected, 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 of the Company, or his termination of Employee's employment with the Company, his separation from employment with the Company or the termination of his employment with the Company, 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, from the beginning of time to the present, including, but not limited towithout limitation, any Claim of the following: claims for workers' compensation, claims in equity or law for wrongful discharge, personal injury claims, claims under localfederal, state or federal law based on a claim of local laws prohibiting discrimination on the basis account of age, race, color, religion, creed, sex, sexual harassment, sexual orientation, marital status, national origin, ancestryrace, present or past history of physical or mental disability or handicapsex, learning disability or veterans statusdisability, religion and other protected classifications, 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 claims under the Federal 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 ActAct of 1967, 29 U.S. Code ss. 626(f). Other than Claims which may arise or accrue out of the subject matter of the Claims released aboveas amended, the Employee does not waive rights Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, and the California Fair Employment and Housing Act or Claims against any comparable law of any other State (collectively, the Released Parties that may arise after the date hereof"Employee Claims"). The Employee waives rights hereby agrees to forego any right to file any charges or Claims in exchange for the consideration referred to in the Agreement (the "Benefits"), which consideration is in addition to anything of value from complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this subparagraph or with respect to which any of the Employee already is entitledClaims. Notwithstanding the foregoing, the release by the Employee in this subparagraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement.