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.