Common use of Release by the Executive Clause in Contracts

Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx X. Xxxxx (the “Executive”) pursuant to the Agreement dated as of January 28, 2016 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx the Company, or any of its divisions, affiliates, subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Employment Agreement (Kilroy Realty, L.P.)

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Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx X. Xxxxx (the “Executive”) pursuant to the Agreement dated as of January 28, 2016 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executiverelease set forth in Section 6, and for other good and valuable consideration, Xxxx X. Xxxxxx, Xx. (the Executive “Executive”) hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx Xxxxxx Realty Corporation (the Company”), or any of its divisions, affiliates (including, without limitation, Xxxxxx Realty, L.P. (the “Operating Partnership”) and its affiliates), subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with and related services to the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seqSeq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seqSeq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seqSeq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seqSeq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seqSeq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seqSeq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Transition Agreement (Kilroy Realty, L.P.)

Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx Xxxx X. Xxxxx Xxxxxx, Xx. (the “Executive”) pursuant to the Employment Agreement dated as of January 28December 27, 2016 2018 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx the Company, or any of its divisions, affiliates (including, without limitation, Xxxxxx Realty, L.P. and its affiliates), subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Employment Agreement (Kilroy Realty, L.P.)

Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx Xxxxx X. Xxxxx Xxxx (the “Executive”) pursuant to the Agreement dated as of January 28, 2016 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx the Company, or any of its divisions, affiliates, subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Employment Agreement (Kilroy Realty, L.P.)

Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx Xxxxx X. Xxxxx Xxxx (the “Executive”) pursuant to the Employment Agreement dated as of January 28, 2016 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx the Company, or any of its divisions, affiliates, subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Employment Agreement (Kilroy Realty, L.P.)

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Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxx Xxxx X. Xxxxx Xxxxxx, Xx. (the “Executive”) pursuant to the Transition Agreement dated as of January 28December 13, 2016 2023 (the “Agreement”), by and between Xxxxxx Realty Corporation, Corporation (the “Company”), Xxxxxx Realty, L.P. (the “Operating Partnership”) and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx sue the Company, or any of its divisions, affiliates (including, without limitation, the Operating Partnership and its affiliates), subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with and related services to the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seqSeq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seqSeq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seqSeq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seqSeq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seqSeq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seqSeq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Transition Agreement (Kilroy Realty, L.P.)

Release by the Executive. For and in In consideration of the payments and other benefits due provided by the Company to Xxxxxx X. Xxxxx (the “Executive”) Executive pursuant to the Agreement dated as of January 28, 2016 (the “this Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good subject to the limitations set forth below in Sections 8 and valuable consideration10, the Executive hereby agreesirrevocably releases the Company, for the Executiveits past and present parents, the Executive’s spouse and child or children (if any)subsidiaries, the Executive’s heirsaffiliates, beneficiariesdirectors, deviseesofficers, executorsemployees, administratorsshareholders, attorneys, personal representativesagents, successors representatives and assignsadvisors and the successors, predecessors and assigns of each of the foregoing (and those acting on their behalf in any capacity whatsoever) (collectively, the "Company Released Parties") from all claims, counterclaims, actions, complaints, causes of actions, judgments, debts, rights to forever releaseindemnification, discharge and covenant not demands or suits, at law or in equity, known or unknown, arising from, relating to xxx or otherwise concerning the CompanyExecutive's employment with the Company or the termination thereof, which the Executive or any of its divisionshis executors, affiliates, subsidiaries, parents, branches, predecessors, administrators or heirs and the successors, assignspredecessors and assigns of each of the foregoing ever had, andnow have or hereafter can, with respect to such entitiesshall or may have, their officersfor, directors, trustees, employees, agents, shareholders, administrators, general upon or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims by reason of any kind matter, cause or thing whatsoever from the beginning of the world to the day of the date of this Agreement, including any claims arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to or otherwise concerning the foregoing under Employment Agreement. This includes any claims arising out of federal, state or local laws pertaining to employmentwage payment, includingdiscrimination, without limitationsexual harassment, the Age Discrimination in Employment Acthostile work environment, retaliation, and fair employment practice law, including Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section Sections 2000e et. et seq., the Fair Labor Standards Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 201 et. Sections 621 et seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section Sections 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. et seq., the Family and Medical Leave Act of 19921993, as amended, 29 U.S.C. Section Sections 2601 etet seq., the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Sections 201 et seq., the Employment Retirement Income Security Act of 1974, as amended, 29 U.S.C. Sections 1001 et seq., the New York Human Rights Law, as amended, N.Y. Exec. Law Sections 290 et seq., the Administrative Code of the City of New York, Title 8, Civil Rights Sections 8-101 et seq., and any and all state or local laws regarding employment discrimination and/or other federal, state or local laws law or ordinance (whether common law or statutory) dealing with discrimination in employment on the basis of any type sex, gender, age, race, color, national origin, religion, disability or description regarding employmentequal pay requirements, including but not limited to any such claims arising from or derivative based on theories of the Executive’s employment with the Affiliated Entities's mental and physical condition, as well as any and all such claims under state sexual harassment, hostile work environment, retaliation, contract or tort lawtort. The Executive covenants not to xxx the Company or any other person or entity described above, at law or in equity, in any forum, for any claims, counterclaims, actions, complaints or causes of actions as set forth in this provision.

Appears in 1 contract

Samples: Separation Agreement (Jones Group Inc)

Release by the Executive. For and in consideration of the payments and other benefits due to Xxxxxxx X. Xxxxxx X. Xxxxx (the “Executive”) pursuant to the Employment Agreement dated as of January 28December 31, 2016 2015 (the “Agreement”), by and between Xxxxxx Realty Corporation, (the “Company”), Xxxxxx Realty, L.P. and the Executive, and for other good and valuable consideration, the Executive hereby agrees, for the Executive, the Executive’s spouse and child or children (if any), the Executive’s heirs, beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns, to forever release, discharge and covenant not to xxx the Company, or any of its divisions, affiliates, subsidiaries, parents, branches, predecessors, successors, assigns, and, with respect to such entities, their officers, directors, trustees, employees, agents, shareholders, administrators, general or limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (the “Released Parties”) from any and all claims of any kind arising out of, or related to, his employment with the Company, its affiliates and subsidiaries (collectively, with the Company, the “Affiliated Entities”) or the Executive’s separation from employment with the Affiliated Entities, which the Executive now has or may have against the Released Parties, whether known or unknown to the Executive, by reason of facts which have occurred on or prior to the date that the Executive has signed this Release. Such released claims include, without limitation, any and all claims relating to the foregoing under federal, state or local laws pertaining to employment, including, without limitation, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et. seq., the Fair Labor Standards Act, as amended, 29 U.S.C. Section 201 et. seq., the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et. seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et. seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et. seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et. seq., and any and all state or local laws regarding employment discrimination and/or federal, state or local laws of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Affiliated Entities, as well as any and all such claims under state contract or tort law.

Appears in 1 contract

Samples: Employment Agreement (Kilroy Realty, L.P.)

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