Release by Xx. Xxxxxxx. You voluntarily and irrevocably release and discharge the Companies, their related or affiliated entities, and their respective predecessors, successors, and assigns, and the current and former officers, directors, shareholders, employees, and agents of each of the foregoing (any and all of which are referred to as "Releasees") generally from all charges, complaints, claims, promises, agreements, causes of action, damages, and debts that relate in any manner to your employment with or services for the Companies, known or unknown ("Claims"), which you have, claim to have, ever had, or ever claimed to have had against any of the Releasees through the date on which you execute this Agreement. This general release of Claims includes, without implication of limitation, all Claims related to the compensation provided to you by the Companies, your resignation from your employment with Wyndham, your resignation from all offices and other positions with the Companies, or your activities on behalf of the Companies, including, without implication of limitation, any Claims of wrongful or constructive discharge, breach of contract, breach of an implied covenant of good faith and fair dealing, tortious interference with advantageous relations, intentional or negligent misrepresentation, and unlawful discrimination under the common law or any statute (including, without implication of limitation, the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Age Discrimination in Employment Act, Tex. Lab. Code (S)(S) 21.001, et seq., and Tex. Hum. Res. Code (S)(S) 121.001, et seq.). You also waive any Claim for reinstatement, severance pay, attorney's fees, or costs. You agree that you will not hereafter pursue any Claim against any Releasee, by filing a lawsuit in any local, state or federal court for or on account of anything which has occurred up to the present time as a result of your previous employment, and you shall not seek reinstatement with, or damages of any nature, severance pay, attorney's fees, or costs from, Wyndham, the Companies or any of the other Releasees; provided, however, that nothing in this general release shall be construed to bar or limit your rights, if any, to indemnification subject to and in accordance with the terms of the By-Laws of Wyndham or to enforce your rights under this Agreement.
Release by Xx. Xxxxxxx. In exchange for the consideration set forth herein and in the Agreement to which this Additional Release of Claims (the “Additional Release”) is attached as Attachment A, which Xx. Xxxxxxx acknowledges she would not otherwise be entitled to receive, Xx. Xxxxxxx hereby fully, forever, irrevocably and unconditionally releases, remises and discharges the Company, its affiliates, subsidiaries, parent companies, predecessors, and successors, and all of its and their respective past and present officers, directors, stockholders, investors, partners, members, managers, employees, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the “Released Parties”) from any and all claims, 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 that she ever had or now has against any or all of the Released Parties, whether known or unknown, including, but not limited to, any and all claims arising out of or relating to her employment with and/or separation from the Company, including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. § 2101 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., Executive Order 11246, Executive Order 11141, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., all as amended; all claims arising out of the Massachusetts Fair Employment Practices Act, Mass. Gen. Laws ch. 151B, § 1 et seq., the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, § 148 et seq. (Massachusetts law regarding payment of wages and overtime), the Massachusetts Civil Rights Act, Mass. Gen. Laws ch. 12, §§ 11H and 11I, the Massachusetts Equal Rights Act, Mass. Gen. Laws. ch. 93, § 102 and Mass. Gen. Laws ch. 214, § 1C...
Release by Xx. Xxxxx. Xx. Xxxxx does hereby fully and forever surrender, release, acquit and discharge the Corporation, and its principals, stockholders, directors, officers, agents, administrators, insurers, subsidiaries, affiliates, employees, successors, assigns, related entities, and legal representatives, personally and in their representative capacities, and each of them (collectively, “Released Parties”), of and from any and all claims for cost of attorneys’ fees, expenses, compensation, and all losses, demands and damage of whatsoever nature or kind in law or in equity, whether known or unknown, including without limitation those claims arising out of, under, or by reason of Xx. Xxxxx’ employment with the Corporation or any Group Member, Xx. Xxxxx’ relationship with the Corporation or any Group Member and/or the termination of Xx. Xxxxx’ employment relationship and any and all claims which were or could have been asserted in any charge, complaint, or related lawsuit. Without limiting the generality of the foregoing, Xx. Xxxxx specifically releases and discharges, but not by way of limitation, any obligation, claim, demand or cause of action based on, or arising out of, any alleged wrongful termination, breach of employment contract, breach of implied covenants of good faith and fair dealing, defamation, fraud, promissory estoppel, intentional or negligent infliction of emotional distress, discrimination based on age, pain and suffering, personal injury, punitive damages, and any and all claims arising from any alleged violation by the Released Parties of any federal, state, or local statutes, ordinances or common laws, including but not limited to the Ohio Civil Rights Act, including all provisions of the Ohio Revised Code concerning discrimination, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act and the Employee Retirement Income Security Act of 1974. This release of Xx. Xxxxx’ rights is knowing and voluntary. Notwithstanding the foregoing to the contrary the Corporation acknowledges that Xx. Xxxxx does not release herein the following: i) any rights or claims which may arise after the Effective Date of this Agreement); ii) any rights he has under this Agreement; iii) any rights he may have regarding the enforcement of this Agreement; iv) his rights under COBRA; v) claims that cannot by law be released through this Agreement, vi) any rights which may exist by virtue of bein...
Release by Xx. Xxxx. As a material inducement to the Company to enter into this Agreement, Xx. Xxxx hereby irrevocably and unconditionally releases, acquits and forever discharges the Company and each of the Company's past, present and future owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries and affiliates (and all past, present and future owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives and attorneys of such divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively, "Company Releasees"), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any charges, complaints, claims, liabilities, obligations, controversies and expenses arising out of alleged violations of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, any obligation for compensation, lost wages, lost benefits, accrued vacation pay, or any other expectation of remuneration or benefit on the part of Xx. Xxxx, including but not limited to, any defamation, intentional or negligent infliction of emotional distress, or any other tort, or any legal restrictions on the Company's right to terminate employees, or any federal state or other governmental statute, regulation, or ordinance (including, without limitation: (i) Title VII of the Civil Rights Act of 1964 (race, color, religion, sex and national origin discrimination); (ii) 42 U.S.C. (P) 1981 (discrimination); (iii) 29 U.S.C. (P) 206(d)(1) (equal pay); (iv) the California Fair Employment and Housing Act (discrimination, including race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age); (v) the California Workers' Compensation Act; (vi) the California Labor Code; (vii) Executive Order 11246 (race, color, religion, sex and national origin discrimination); (viii) Executive Order 11141 (age discrimination); (ix) (P) 503 and (P) 504 of the Rehabilitation Act of 1973 (disability discrimination); (x) the Employee Retirement Income Security Act (employee benefits); (xi) the Fair Labor Standards Act; (xii) the Americans with D...
Release by Xx. Xxxxxxxx. Xx. Xxxxxxxx acknowledges that the payments and benefits provided in paragraphs 2 and 3 of this Agreement are greater than any to which he may have otherwise been entitled under any existing Company separation, benefit or compensation policy. In consideration of the foregoing, Xx. Xxxxxxxx hereby releases and forever discharges GTECH, its present and former directors, officers, employees, agents, subsidiaries, shareholders, successors and assigns from any and all liabilities, causes of action, debts, claims and demands (including without limitation claims and demands for monetary payment) both in law and in equity, known or unknown, fixed or contingent, which he may have or claim to have based upon or in any way related to employment (as an officer, director or employee), rights or entitlements related thereto or termination of such employment by GTECH and hereby covenants not to file a lawsuit, judicial action or court complaint to assert such claims. This includes but is not limited to claims of breach of contract and wrongful termination and claims arising under the federal Age Discrimination in Employment Act of 1967, as amended, and any other federal, state or local laws prohibiting employment discrimination, or claims growing out of any legal restrictions on GTECH's right to terminate its employees. This Release does not limit Xx. Xxxxxxxx'x right to file, cooperate with or participate in an age discrimination proceeding before a state or federal fair employment practices agency provided Xx. Xxxxxxxx does not recover any monetary benefits in such proceeding.
Release by Xx. Xxxxxx. Upon issuance of the Settlement Shares, and subject to the other conditions in this Agreement, Xx. Xxxxxx, on his own behalf, and on behalf of his respective past, present or future employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors, assigns, and related business entities (collectively, the “Xxxxxx Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE the Company, its subsidiaries, and each of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Company Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Xxxxxx Releasing Parties, whether the same be at law, in equity or mixed, which such Xxxxxx Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Company Released Parties, in respect of or arising from the Settled Claims, (collectively the “Xxxxxx Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit Xx. Xxxxxx from bringing appropriate proceedings to enforce the obligations of the Company set forth in this Agreement and/or to fulfill its obligations hereunder, none of which are released hereby until Xx. Xxxxxx’x receipt of the Settlement Shares (subject to the conditions in Section 2).
Release by Xx. Xxxxx. In consideration of the compensation provided for in this Agreement, Xx. Xxxxx, for herself and her heirs and assigns, and for any other person acting by or through Xx. Xxxxx, hereby releases United Fire, its subsidiaries, divisions, predecessors, affiliates, successors and assigns, and their past and present directors, officers, employees and agents from any and all claims, known or unknown, arising in any manner whatsoever from, or in any way related to Xx. Xxxxx’ employment with United Fire, including but not limited to claims arising under Title VII of the Civil Rights Act of 1964, the Iowa Civil Rights Act, and federal or state common law or statutory claims for wrongful termination, wage claims of any nature (including without limitation any claims for earned wages, vacation pay, sick pay or bonus), expenses owed, tort, breach of contract, defamation, retaliation, and any other law, order or regulation pertaining to employment or discrimination in employment, and to the extent permitted by law, agrees not to institute any actions, demands, claims or suits in state or federal court, or with any state, federal or local governmental agency or with any administrative or advisory agency for any claim available at the time of the execution of this Agreement, related in any way to her employment with United Fire. Xx. Xxxxx acknowledges that the additional compensation being provided by this Agreement is expressly conditioned upon Xx. Xxxxx’ execution of this Agreement. Notwithstanding the foregoing, this Agreement does not release: (i) any claims for breach of this Agreement; (ii) any claims that Xx. Xxxxx may have for vested benefits or continuation of benefits under COBRA under any United Fire employee benefit plans; (iii) any claims or rights under any equity incentive plans; and (iv) any claims or rights to indemnification, including any rights Xx. Xxxxx may have under directors’ and officers’ insurance policies and rights or claims of contribution or advances and expenses to which Xx. Xxxxx is entitled in her capacity as an officer of United Fire under its Bylaws or otherwise.
Release by Xx. Xxxxxxxxx. Xx. Xxxxxxxxx releases CMG and its ------------------------ directors, officers, representatives and employees from any pending or future claims other than any claims in connection with this Agreement or in connection with the Termination Agreement executed by and between Xx. Xxxxxxxxx and CMG, in all of his capacities, including but not limited to, as an officer, director, lender, shareholder or employee of CMG or any of its subsidiaries.
Release by Xx. Xxxxxxxxx. In exchange for the gross sum of $181,500 to be distributed as set forth below, transfer to Xx. Xxxxxxxxx of free and clear title to the Company-owned automobile currently in Xx. Xxxxxxxxx’x possession, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Xx. Xxxxxxxxx does hereby release and forever discharge Chesapeake, its subsidiaries, divisions, affiliated companies, predecessors, successors and assigns, as well as the shareholders, directors, officers, administrators, agents, and current and former employees of all of the foregoing, personally and in their respective capacities, and any other person or entity representing or succeeding to any such person or entity (collectively referred to hereafter as “Chesapeake”), from any and all claims, demands, rights, charges, actions, interests, debts, liabilities, lost compensation, lost benefits, damages, costs, interest, attorneys’ fees, and expenses, or causes of action of whatever type or nature, whether legal or equitable, whether in tort or in contract, whether known or unknown to him which Xx. Xxxxxxxxx may now have against Chesapeake, either individually, jointly, or severally, based upon acts which have occurred from the beginning of time to the date of this Agreement. This release includes, but is not limited to, any and all claims, demands, or causes of action arising out of, either directly or indirectly, Xx. Xxxxxxxxx’x employment or separation from employment with Chesapeake. This release further includes a release of any rights or causes of action Xx. Xxxxxxxxx may have under Delaware statutory and common law, including any claim for or right to interest, attorneys’ fees, costs and expenses thereunder. This release does not, however, relinquish Xx. Xxxxxxxxx’x right to receive any accrued but as yet unpaid salary, vacation pay, reimbursement for properly documented and incurred business expenses, or other amounts vested, due and owing under Company benefit plans. The S181,500 gross payment shall be made as follows: within five business days of the Date of Termination, a gross payment in the amount of $91,500 shall be made to Xx. Xxxxxxxxx, with nine additional payments in the amount of $10,000 each, payable on the first business day coincident with or next following the first day of eaeh calendar month from April through December, 2012. All such payments shall be subject to normal withholding for income and employment taxes. In addition, Xx. Xx...
Release by Xx. XXXXXXXXXXX.
5.1. In consideration of the sum of $180,000 paid to him pursuant to Section 4 of this Agreement, Xx. Xxxxxxxxxxx hereby - irrevocably and unconditionally releases, acquits and forever discharges Xxxxxxx and each of its agents, directors, officers, shareholders and executives, from any and all claims, charges, complaints, causes of action, demands or suits (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, including, but not limited to, rights under federal, state or local laws, which Xx. Xxxxxxxxxxx now has, claims to have, own or hold, or which Xx. Xxxxxxxxxxx at any time heretofore had arising from Agreement #1 and Agreement #2, which arose prior to the date of execution of this Settlement Agreement and Amendment; provided, however, that this release shall not extend to any claims to enforce the provisions of this Amendment. Without limiting the foregoing, Xx. Xxxxxxxxxxx expressly releases Xxxxxxx from any and all claims Xx. Xxxxxxxxxxx had or now has with regard to Agreements ## 1 and 2, whether known or unknown and waives any and all rights to increases in the payments due him under Agreement #1 and Agreement #2 except as provided by this Amendment.
