Release by Xxxx. Xxxx, on behalf of itself and its predecessors, successors, assigns, and Affiliates, does hereby now and forever release and discharge the Plaintiff Released Parties from any and all Claims that were made or that could have been made by Xxxx in the California Action, as well as from any and all Claims (as defined herein or as in the Amended Plan, whichever definition is broader) that Xxxx made or could have made in the Bankruptcy Case. This release does not extend to third parties other than those specifically identified as Plaintiff Released Parties in those capacities; provided that nothing herein releases any rights that Xxxx may have to injunctions against future violations of Xxxx’x ownership or nonmonetary rights to property, to specific performance against future violations of confidentiality or other nonmonetary rights of Xxxx or to declaratory relief as to future violations of Xxxx’x ownership or other nonmonetary rights. In particular, without limiting the generality of the foregoing, nothing herein shall be deemed to release any of Xxxx’x rights to nonmonetary relief to protect against future violations of Xxxx’x rights in what Xxxx identifies as its intellectual property and other nonmonetary rights.
Release by Xxxx. In consideration of the covenants undertaken herein by the Company, and except for those obligations created by or arising out of this Agreement, Xxxx, on his own behalf and on behalf of his descendants, dependents, heirs, executors, administrators, assigns and successors, does hereby covenant not to xxx and acknowledges full and complete satisfaction of and hereby releases, absolves and discharges the Company and its heirs, successors and assigns, parent, subsidiaries, divisions and affiliated corporations, past and present, as well as its and their trustees, directors, officers, agents, attorneys, insurers and employees, past and present, and each of them (hereinafter collectively referred to as “Releasees”), with respect to and from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, wages, obligations, debts, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Xxxx now owns or holds or has at any time heretofore owned or held as against said Releasees, or any of them, arising out of or in any way connected with his employment relationship with the Company, or his resignation as an Chief Financial Officer, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement, including specifically but without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, as amended by the Older Worker’s Benefit Protection Act (“ADEA”), the Family and Medical Leave Act, the California Fair Employment and Housing Act, or the California Family Rights Act.
Release by Xxxx. Xxxx, on behalf of itself and its members and any former or present related companies, affiliates or subsidiaries, does hereby unconditionally, knowingly and voluntarily release and forever discharge the Company Released Parties from any and all known or unknown claims, demands, actions or causes of action, liabilities, expenses and damages of any nature whatsoever, in law or in equity, asserted or not asserted, which Xxxx ever had or may presently have against the Company Released Parties that are based, in whole or in part, on facts, whether or not now known, existing on or prior to the Effective Date, including, without limitation, all matters that arise out of, or relate to, Dana’s equity interests in the Company or any of its affiliates or any transaction involving Xxxx and any of the Company Released Parties; provided, however, that nothing contained in this Section 2 shall apply to, or release the Company Released Parties from, any rights and claims of Xxxx directly or indirectly arising from or under or related to any obligation or commitment of the Company Released Parties under the Separation Agreement.
Release by Xxxx. Except as provided in this Agreement, upon Closing, Xxxx, his representatives, agents, affiliates and predecessors (collectively, "Xxxx") release and forever discharge Nova and its officers, directors, employees, agents, attorneys, representatives, predecessors and successors (collectively, "Nova") of and from all manner of actions, causes of action, suits, debts, covenants, accounts, damages, liabilities, losses, costs, expenses and claims of any nature, in law or equity, known or unknown, accrued or unaccrued, suspected or claimed, which Xxxx ever had, now has or hereafter may have or allege against Nova and which arise out of any transaction predating Closing.
Release by Xxxx. Except as set forth in Paragraph 13 below, Xxxx hereby forever waives, releases, absolves, and discharges Ferrellgas, its current and former employees, managers, officers, directors, stockholders, members, shareholders, owners, partners, general partners, limited partners, governors, trustees, attorneys, agents, agencies, franchisees, franchisers, third-party administrators, insurers, servants, representatives, parent and subsidiary companies, predecessors and successors in interest, assigns, and related or affiliated entities, and all other persons, firms, or corporations with whom any of the former have been or may hereafter be affiliated, whether known or unknown, from any and all claims, charges, demands for relief, or causes of action, whether known or unknown, arising out of or in any way relating to Xxxx’x employment with Ferrellgas, including but not limited to any acts or omissions of any of the foregoing entities or individuals occurring at any time before or as of the date of Xxxx’x execution of this Settlement Agreement and Release arising from acts or omissions predating the execution of this Agreement, as well as any future claims now and forever. This Release includes, but is not limited to, the following claims: breach of contract; workers’ compensation retaliation; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended; 42 U.S.C. § 1981, the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., as amended (“ADEA”); the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq.; the Federal Employers Liability Act, 45 U.S.C. § 51 et seq.; the Fair Labor Standards Act, Texas (or any other) state law; or any claims for discrimination, retaliation, harassment, hostile work environment, breach of contract, intentional or negligent infliction of emotional distress, defamation, interference with contract, unpaid wages, unjust enrichment, or any other cause of action based on federal, state, or local law or the common law, whether in tort or in contract.
Release by Xxxx. In exchange for the common stock listed above, Xxxx, for himself, his agents, attorneys and assigns, hereby irrevocably and unconditionally releases and forever discharge MyGo, its affiliates, parents, subsidiaries, shareholders, successors, and predecessors, and all of their past, present and future heirs, employees, agents, attorneys, officers, directors and trustees, as well as other persons and entities acting on their behalf, from any and all claims, liens, demands, obligations, actions, causes of actions, counts, damages, liabilities, losses, fees, costs or expenses, of any nature whatsoever, known or unknown, ascertained or not ascertained, suspected or unsuspected, existing or claimed to exist, from the beginning of time to the date of signing this Settlement and Release arising out of, or in any way related to, the MyGo Notes.
Release by Xxxx. Subject to Section 10(c) (Actions or Liabilities under the Settlement Agreement), but notwithstanding any provision to the contrary set forth in the APA, from and after the First Payment Date: Gavi, on behalf of itself and each of its Affiliates and each of their respective successors and assigns (collectively, the “Gavi Releasors”), do hereby now and forever release, remise, hold harmless and forever discharge Novavax, its Affiliates, its sublicensees and each of its, its Affiliates’, and its sublicensees’ respective sublicensees, officers, directors, employees, consultants, contractors and agents, and its and any and all of the foregoing Persons’ respective successors and assigns (collectively, the “Novavax Releasees”) of and from any and all Actions and Liabilities, whether known or unknown, suspected or unsuspected and that arose at any time on or prior to the First Payment Date, or that thereafter could arise based on any act, fact, transaction, matter, or cause that occurred on or prior to the First Payment Date arising from, under or otherwise in connection with the APA, in each case, other than for obligations arising under this Agreement or a violation of applicable law by Novavax unless such violation is caused by the action or omission of a Gavi Releasor. The Gavi Releasors agree that they will: (i) forbear from exercising any rights or remedies against any Novavax Releasee in respect of any or all Actions and Liabilities in connection with the APA; and (ii) not commence any lawsuit or bring any legal or equitable action against any Novavax Releasee in respect of any Action or Liability in connection with the APA, in each case, except to the extent relating to a violation of applicable law by Novavax unless such violation is caused by the action or omission of a Gavi Releasor.
Release by Xxxx. In exchange for the consideration described herein, Xxxx, on his own behalf and on behalf of his spouse, descendants, dependents, heirs, executors, legal representatives, attorneys, administrators, agents, assigns, and successors (collectively, the “Xxxx Releasors”), hereby covenant not to sue, and fully and without limitation waive, relieve, release, acquit and forever discharges Colonial, Xxxxxx, SIRC, and any of their past, present, and future affiliates, parent and subsidiary companies, joint ventures and partnerships, and all past, present, and future owners, managing partners, partners, officers, directors, managers, principals, shareholders, members, employees, subcontractors, vendors, suppliers, independent contractors, servants, trustees, agents, attorneys, representatives, heirs, spouses, predecessors, successors in interest, assigns, and insurers (collectively, the “SIRC Released Parties”), from any and all manner of action or actions, any alleged failures to act, charges, complaints, suits, claims, liabilities, losses, damages, demands, and causes of action of every nature and kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, fixed or contingent, in law, in equity or statute, intentional or unintentional, or civil, for indemnity or otherwise, which any of the Xxxx Releasors now have or may have against any of the SIRC Released Parties arising out of, related to or connected with the Claims, including but not limited to those Claims arising out of or relating to (i) alleged harassment of any sort, (ii) discrimination of any sort, (iii) retaliation of any sort, and (iv) any claims arising under the Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the federal Rehabilitation Act, USERRA, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, False Claims Act (Qui Tam action), the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code, the California Military and Veterans Code, the Nevada Civil Rights Law, as amended, Ind. Code Xxx. § 22-9-1-1 et seq., Arizona wage laws, Arizona equal pay laws, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, Arizona right to work laws, Arizona employee drug testing laws, the Arizona Medical Marijuana Act, Arizona...
Release by Xxxx. For and in consideration of the payments made by Xxxxxxx & Xxxxxxx as described in Paragraph 1, the sufficiency of which is hereby acknowledged, Xxxx agrees, represents, and promises as follows: For himself, his heirs, and executors, he irrevocably and unconditionally releases and forever discharges to the fullest extent permitted by law, individually and collectively, Xxxxxxx & Xxxxxxx; Xxxxxxx & Xxxxxxx (HK), Ltd.; Guangzhou Xxxxxxx & Xxxxxxx Trading Limited; Bird Capital Group, Inc.; and each of their present and former shareholders, officers, directors (specifically including, but not limited to, Xxxxxxx X. Xxxx) employees, representatives, agents, predecessors, successors, affiliates, subsidiaries, assigns, any employee benefit plans sponsored or administered by Xxxxxxx & Xxxxxxx, and all persons acting by, through, or in concert with them (all hereinafter collectively referred to as “Released Parties”), of and from any and all charges, claims, complaints, demands, liabilities, causes of action, losses, costs, or expenses of any kind whatsoever (including related attorneys’ fees and costs), known or unknown, suspected or unsuspected, that Xxxx may now have, has ever had, or may have in the future against any one or all of the Released Parties by reason of any act, omission, transaction, or event occurring up to and including the date of this Agreement, including, but not limited to, claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Post Civil War Civil Rights Act (42 U.S.C. §§ 1981-88), the Equal Pay Act, The Occupational Safety and Health Act, the North Carolina Retaliatory Employment Discrimination Act (N.C. Gen. Stat. §§ 95-240 – 95-245), the North Carolina Wage & Hour Act, the Family and Medical Leave Act, the United States Constitution, and the North Carolina Constitution, all as amended, as well as any other federal, state, or local claim or law relating to wrongful discharge, emotional distress, employment discrimination, or retaliation, or any claims for breach of contract or breach of any employment agreement, except that Xxxx does not waive or release any right he has to claim indemnification from Xxxxxxx & Xxxxxxx, Ltd pursuant to North Carolina corporate statutes or the Company’s bylaws, including but not limited to indemnification for the litigation pending in the Easte...
Release by Xxxx. At the Effective Time, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, ASII specifically releases, waives and forever discharges PXS, including its successors in interest, its past, present and future assigns, officers, directors, shareholders, subsidiaries, affiliates, insurers and underwriters, from any and all past and future claims, demands, actions, liabilities and causes of action, of every kind and character, whether asserted or unasserted, whether known or unknown, suspected or unsuspected, in law or in equity, for or by reason of any matter, cause or thing whatsoever, arising out of the claims asserted by ASII prior to the date of mutual execution of this Rescission Agreement from the beginning of time.
