Common use of Release by the Employee Clause in Contracts

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, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges 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 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, without limitation, any of the following: claims for workers' compensation, claims in equity or law for wrongful discharge, 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, and 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 any right to file any charges or 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 any of the Employee Claims. 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.

Appears in 1 contract

Samples: Separation Agreement and Mutual Release (Kenetech Corp)

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Release by the Employee. (a) Except as to any claims arising out of rights otherwise expressly provided under in this Agreement, in consideration of the agreements set forth hereinEmployee, for himself and his heirs, exe-cutors, administrators, assigns, affiliates, successors and agents (collectively, the Employee “Employee’s Affiliates”) hereby irrevocably fully and unconditionally releases, acquits without limitation releases and forever discharges the Company and any related entity and their stockholdersCompany, its parents, subsidiaries, predecessors, successorssuccessors and each of their respective agents, assignsrepresentatives, agentsshareholders, owners, officers, directors, officers, employees, representativesconsultants, attorneys, divisionsauditors, accountants, investigators, affiliates, successors and subsidiaries, and all persons acting by, through, under or in concert with any of them assigns (collectively, the "Company Releasees"), or any of themboth individually and collectively, from any and all charges, complaintswaivable rights, claims, assertions of claimsdemands, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitsdamages, rights, demandslosses, costs, lossesexpenses and compensation, debts and expenses (including attorneys' fees and costs actually incurred) of any whatever nature whatsoever, whether known or unknown, suspected fixed 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 Companycontingent, 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 ReleaseesEmployee’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 presentEffective Date (“Claims”), including, without limitationlimiting 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 followingReleasees, 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: claims for workers' compensationthe Xxxx-Xxxxx Act, claims in equity or law for wrongful dischargeXxxxxxxx-Xxxxx Act of 2002, personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion California Fair Employment and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871Housing Act, 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 With Disabilities Act Act; ERISA; any provision of 1990, the Family Medical and Leave Act, and the California Fair Employment 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 Housing Act hour laws; or any comparable law of any other State (collectivelystate or federal law, rule or regulation dealing with the "Employee Claims"). The Employee hereby agrees to forego any right to file any charges or 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 any of the Employee Claims. 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 Agreementemployment relationship.

Appears in 1 contract

Samples: Separation Agreement and General Release (Mercury General Corp)

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration of for the agreements set forth herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the Company for himself and his heirs, executors, administrators, agents, successors and assigns, CNF Industries, Inc., KENETECH Corporation 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 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 Employee's employment with by the Company, his separation from employment with the Company Company, the proposed purchase of CNF Industries, Inc. or any affiliate by Gemma Inc. or any affiliate, or the termination of his employment with the CompanyEmployee'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, from the beginning of time to the present, including, without limitation, any of the following: claims for workers' compensation, 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, and 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 any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this subparagraph paragraph or with respect to any of the Employee Claims. Notwithstanding the foregoing, the release by the Employee in this subparagraph 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.

Appears in 1 contract

Samples: Separation Agreement and Release (Kenetech Corp)

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Release by the Employee. Except as to any claims arising out of rights otherwise expressly provided under in this Agreement, in consideration of the agreements set forth hereinEmployee, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the Employee “Employee’s Affiliates”) hereby irrevocably fully and unconditionally releases, acquits without limitation releases and forever discharges the Company and any its parents, direct or indirect subsidiaries, affiliates, divisions or related entity entities, and each of their stockholdersrespective agents, predecessorsrepresentatives, successorsshareholders, assignsowners, agentsofficers, directors, officers, employees, representativesconsultants, attorneys, divisionsauditors, accountants, investigators, affiliates, successors and subsidiaries, and all persons acting by, through, under or in concert with any of them assigns (collectively, the "Company Releasees"), or any of themboth individually and collectively, from any and all charges, complaintsrights, claims, assertions of claimsdemands, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitsdamages, rights, demandslosses, costs, lossesexpenses and compensation, debts and expenses (including attorneys' fees and costs actually incurred) of any whatever nature whatsoever, whether known or unknown, suspected fixed 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 Companycontingent, 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 Employee’s Affiliates has or may have or may claim to have against the Company ReleaseesReleasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the presentEffective Date (“Claims”), including, without limitationlimiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Employee by any of the following: claims for workers' compensationCompany Releasees, claims the Employee’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Employee and any of the Company Releasees, or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Employee in equity capital or law for wrongful discharge, personal injury claims, claims under federal, state rights in equity capital or local laws prohibiting discrimination on account other securities of age, national origin, race, sex, disability, religion any of the Company Releasees (except as expressly provided in Section 3) to the maximum extent permitted by law. The Employee specifically and other protected classifications, expressly releases any Claims arising out of or claims under based on: the Civil Rights Acts of 1866 California Fair Employment and 1871Housing Act, as amended, ; Title VII of the Civil Rights Act of 1964, as amended, ; the Civil Rights Act of 1991, Americans With Disabilities Act; the Age Discrimination in Employment Act of 1967National Labor Relations Act, as amended, ; the Employee Retirement Income Security Act Equal Pay Act; ERISA; any provision of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, and the California Fair Employment Labor Code; the California common law and Housing Act each other applicable state 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 comparable law of any other State (collectivelystate or federal law, rule, or regulation dealing with the "Employee Claims"). The Employee hereby agrees to forego any right to file any charges or 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 any of the Employee Claims. 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 Agreementemployment relationship.

Appears in 1 contract

Samples: Separation Agreement and General Release (E Digital Corp)

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