Common use of Release by Xx Clause in Contracts

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.

Appears in 1 contract

Samples: Separation Agreement (Wyndham International Inc)

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Release by Xx. XxxxxxxXXXXXXXX. 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 for or related to to: the Employment Agreement; 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 resignations as described in Section 1; wrongful or constructive discharge, ; breach of contract, ; breach of an any implied covenant of good faith and fair dealing, ; tortious interference with advantageous relations, ; intentional or negligent misrepresentation, fraud or deceit; infliction of emotional distress, 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) Sections 21.001, et seqET SEQ., and Tex. Hum. Res. Code (S)(S) Sections 121.001, et seqET SEQ.). You also waive any Claim for reinstatement, severance payseverance, incentive or retention pay (except as expressly provided in this Agreement), attorney's fees, or costs, relating to the above waived claims. You agree that you will not hereafter pursue any Claim against any Releasee, 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 severance, incentive or retention pay, attorney's fees, or costs from, Wyndham, from the Companies or any of the other Releasees; providedPROVIDED, 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 PAHI and the Indemnification Agreement, dated as of May 23, 1998, by and among you, PAHI and WII (the "Indemnification Agreement"), or to enforce your rights under this Agreement.

Appears in 1 contract

Samples: Resignation and Consulting Agreement (Wyndham International Inc)

Release by Xx. XxxxxxxXxxxx. 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 for or related to to: the Employment Agreement; 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 resignations as described in Section 1; wrongful or constructive discharge, ; breach of contract, ; breach of an any implied covenant of good faith and fair dealing, ; tortious interference with advantageous relations, ; intentional or negligent misrepresentation, fraud or deceit; infliction of emotional distress, and unlawful retaliation or discrimination under the common law or any federal, state or local statute or law (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) S)~ 21.001, et seq., and Tex. Hum. Res. Code (S)(S) S)~ 121.001, et seq.). You also waive any Claim for reinstatement, severance payseverance, incentive or retention pay (except as expressly provided in this Agreement), attorney's fees, or costs, relating to the above waived claims. You agree that you will not hereafter pursue any Claim against any Releasee, 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 severance, incentive or retention pay, attorney's fees, or costs from, Wyndham, from 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 WII and the Indemnification Agreement, dated as of May 23, 1998, by and among you, WII and PAHI (the "Indemnification Agreement"), or to enforce your rights under this Agreement.

Appears in 1 contract

Samples: Resignation Agreement (Wyndham International Inc)

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Release by Xx. XxxxxxxXxxxxxxx. You voluntarily and irrevocably ----------------------- release and discharge the Companies, their related or affiliated entities, and their respective predecessors, successors, and assigns, (including but not limited to Patriot American Hospitality, Inc. ("PAHI")), 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 for or related to to: the Employment Agreement; 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 termination as described in Section 1; wrongful or constructive discharge, ; breach of contract, ; breach of an any implied covenant of good faith and fair dealing, ; tortious interference with advantageous relations, ; intentional or negligent misrepresentation, fraud or deceit; infliction of emotional distress, and unlawful retaliation or discrimination under the common law or any federal, state or local statute or law (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, TexAriz. Stat. LabXxx. Code (S)(S) 21.001S)41-1461, et seq., and TexAriz. Stat. HumXxx. Res. Code (S)(S) 121.001S)23-1501, et seq.). You also waive any Claim for reinstatement, severance payseverance, incentive or retention pay (except as expressly provided in this Agreement), attorney's fees, or costs, relating to the above waived claims. You agree that you will not hereafter pursue any Claim against any Releasee, 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 severance, incentive or retention pay, attorney's fees, or costs from, Wyndham, from 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.

Appears in 1 contract

Samples: Termination Agreement (Wyndham International Inc)

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