Release by Xxxxx. In the event of a termination of employment by Xxxxx that results in the payment of Severance Compensation to him pursuant to the terms of this Agreement, in consideration for such Severance Compensation, Xxxxx hereby agrees to execute a full and complete release to the Company releasing any and all claims that he may have against the Company including any claims relating to his termination of employment.
Release by Xxxxx. If XXXXX has not redeemed all or has only redeemed part of the Bond Amount, XXXXX shall release the Bond Amount or any remaining portion of the Bond Amount to the Principal on the later of: (a) termination of the Lease; and (b) full satisfaction of Principal’s obligations under the Lease.
Release by Xxxxx x. Xxxxx for himself and his dependents, successors, assigns, heirs, executors and administrators (and his and their legal representatives of every kind), hereby releases, dismisses, and forever discharges the Company from, and agrees to indemnify the Company against, any and all arbitrations, claims (including claims for attorney's fees), demands, damages, suits, proceedings, actions and/or causes of action of any kind and every description, whether known or unknown, which Xxxxx now has or may have had for, upon, or by reason of any cause whatsoever (except that this release shall not apply to the obligations of the Company arising under this Agreement), against the Company ("Claims"), including but not limited to:
Release by Xxxxx. In consideration of the promises and undertakings made by the Company in this Agreement, Xxxxx on behalf of himself, his descendants, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby fully releases and discharges each of Holdings, Marquee, AMCE, and AMC and each of its respective parents, subsidiaries and affiliates, past and present, as well as its and their trustees, directors, officers, members, managers, partners, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively referred to as the "Releasees," with respect to and from, and acknowledges full and complete satisfaction of, any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, 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 he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against any of said Releasees, arising out of or in any way connected with his service as an officer, director, employee, member or manager of any Releasee, his separation from his position as an officer, director, employee, manager and/or member, as applicable, of any Releasee, 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, without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Family and Medical Leave Act of 1993, as amended, the Missouri Human Rights Act of 1986, as amended, and applicable state and local law or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit, workers' compensation or disability; provided that such release shall not apply to (1) the Vested Options previously granted by the Company to Xxxxx as referred to in Exhibit A he...
Release by Xxxxx. In exchange for the consideration contained herein, including the Severance Benefits, Xxxxx, on behalf of himself, and his agents, spouse, heirs, executors, successors and assigns, unconditionally, fully and forever waives, releases, discharges, agrees to hold harmless, and promises not to xxx the Company and/or its Affiliates, from and for any claim, action or right of any sort, known or unknown, arising on or before the Effective Date, for any wages, salary, bonuses, equity interests (excluding any equity interests that vested prior to the Resignation Date), compensation, sick time, vacation time, paid leave or other remuneration of any kind or any claim for additional or different compensation or benefits of any sort, including severance payments or benefits pursuant to the Employment Agreement or any other agreement (including any of the amounts identified in Section 5 of the Employment Agreement), or additional or different compensation or benefits related to his resignation or termination of employment with the Company. For the avoidance of doubt, Xxxxx is not releasing his right to his base salary earned through the Resignation Date, current employment benefits through the Resignation Date, the vacation pay identified in Section 2, the Severance Pay, the COBRA Premium Payments, the Consulting Compensation described below, or vested benefits under any Company benefit plan to which Xxxxx is already entitled pursuant to applicable law or the terms OF SUCH PLANS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO DIVEST XXXXX OF ANY VESTED INTEREST OR SHARES IN THE COMPANY, EXCEPT AS MAY BE PERMITTED OR REQUIRED PURSUANT TO THE CLAWBACK PROVISION CONTAINED HEREIN. LIKEWISE, NOTHING IN THIS AGREEMENT WAIVES ANY RIGHTS XXXXX HAS UNDER THE OCTOBER 2, 2019 AMENDED AND RESTATED LETTER AGREEMENT (THE “A&R Letter Agreement”) attached hereto as Exhibit B, including any applicable indemnification rights or related agreements referenced therein. However, nothing in this Agreement or carve out in the release impairs or limits the Board or Special Committee of the Board from finding that Xxxxx is not entitled to further indemnification under applicable law.
Release by Xxxxx. Except for those obligations created by or arising out of this Agreement, the Indemnity Agreement and the Stock Option Agreement, Xxxxx, on his own behalf and on behalf of his descendants, dependents, heirs, executors, administrators, assigns and successors, and each of them, hereby covenants not to xxx and fully releases and discharges the Company and each of its and their subsidiaries, parent, or affiliated partnerships and corporations, past and present, as well as each of its and their directors, officers, trustees, shareholders, members, partners, representatives, attorneys, assignees, successors, agents and employees, past and present, and each of them (individually and collectively, “Company Releasees”), from and with respect to any and all claims, wages, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected (collectively, “Claims”), arising out of or in any way connected with Xxxxx’x employment and termination of employment with the Company, Xxxxx’x consulting relationship with the Company prior to such employment, membership and termination of membership on the board of directors of the Company, or any other relationship with, interest in or termination of relationship with any Company Releasees, including without limiting the generality of the foregoing, any claim for wages, overtime, salary, severance pay, director compensation, commissions, bonus or similar benefit, car allowance, sick leave, pension, retirement, vacation pay, paid time off, life insurance, health or medical insurance, including coverage under the Company’s Executive Health Plan, or any other fringe benefit, or disability, or any Claim pursuant to any federal, state or local law, statute or cause of action including, but not limited to: the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the California Fair Employment and Housing Act, as amended; the California Family Rights Act; the California Labor Code; the Xxxxxxxx-Xxxxx Act; tort law; contract law; wrongful discharge; discrimination; retaliation; harassment; fraud; defamation; emotional distress; breach of the implied covenant of good faith and fair dealing; or breach of the Executive Officer’s Change of Control Severance and Benefit Plan. Notwithstanding any provision of this Section 8, you shall not hereby release any right you may otherwise have...
Release by Xxxxx. In return for the consideration described in Paragraphs 2 through 5 above, and the full performance of the obligations set forth in this Separation Agreement, Xxxxx agrees for himself, his heirs, executors, administrators, successors, and assigns to forever release and discharge the District, the members of its Board of Trustees and the District’s officers and employees and attorneys from any and all claims, debts, promises, agreements, demands, causes of action, attorneys' fees, losses and expenses of every nature whatsoever, known or unknown, suspected or unsuspected, filed or unfiled, arising prior to the signing of this Agreement by Xxxxx, or arising out of or in connection with Xxxxx'x Employment Agreement and separation of employment from the District. This total release includes, but is not limited to, all claims arising directly or indirectly from Xxxxx'x employment with the District and the separation of that employment, including, but not limited to, breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge, violation of public policy, defamation and impairment of economic opportunity, violation of the Nevada Fair Employment Practices Act, any claim for violation of the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Equal Pay Act, the Fair Labor Standards Act, the Rehabilitation Act of 1974, the Americans With Disabilities Act of 1990 ("ADA"), or any other applicable federal, state or local law.
Release by Xxxxx. Xxxxx expressly waives any claims against the Company and releases the Company (including its officers, directors, stockholders, managers, agents and representatives) from any claims that he may have in any way connected with his service as a director of the Company and the termination of the Service Agreement. This waiver and release shall not waive or release claims (a) where the events in dispute first arise after execution of this Agreement; (b) related to Section 4 of this Agreement; (c) with respect to which Xxxxx may be entitled to indemnification pursuant to Section 6 hereof or (d) otherwise related to the enforcement of his rights under this Agreement.
Release by Xxxxx. XXXXX acquits, releases, and forever discharges the Company of and from all, and in all manner of, actions and causes of action, suits, debts, claims, and demands whatsoever, in law or in equity, which he ever had, or may now have, with respect to any aspect of his affiliation with the Company, or with respect to any other matter whatsoever, whether known or unknown to him at the time of execution of this Agreement, including, but not limited to, claims for compensatory, actual, special, consequential, reliance, punitive, exemplary and/or other damages, including but not limited to claims for personal injuries, pain and suffering, emotional distress, health care expenses, back pay, front pay, separation pay, wages, benefits, attorney’s fees, costs, interest, other monies or the shares he was issued and owns in CannaPharmaRx, Inc. (the privately held Colorado corporation), any claims or liability based on the distribution by the Company of the press release or letter referenced in Paragraph 4 above where the distribution is permitted under this Agreement, or any claims that might arise as a result of any determination that the value of his shares at the time of execution of this Agreement was more or less than the Settlement Payment, but excluding: (i) any claim for breach of this Agreement; and (ii) any claims the law precludes from waiving by agreement.
Release by Xxxxx. In return for the payments, releases and other consideration described herein, Xxxxx, for himself and his heirs and assigns, hereby releases and waives all claims and causes of action of any and every sort against Daisytek, its parents, subsidiaries, affiliates, partners, limited partners, successors, shareholders, directors, officers, employees, agents, attorneys and assigns, which Xxxxx has, has had, or may have in the future arising in any way from any event, act or omission which occurred at any time from the beginning of time to the Effective Date, including, but not limited to Xxxxx’x employment with Daisytek, the termination of Xxxxx’x employment with Daisytek, and all other matters related in any way to the relationship between Xxxxx and Daisytek. This release includes, but is not limited to, claims in tort, contract, under statute, in equity or otherwise, and claims for compensation, severance, retaliation, bonuses, stock, stock options, performance incentives, payments as the result of a sale merger or business combination, benefits, vehicle payments or expenses, incidental and consequential damages, expense reimbursement of any sort, injuries, or any other sort of damages or relief whatsoever. This release also includes, but is not limited to, claims under the Americans With Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Texas Commission on Human Rights Act, the Texas Payday Act, any workers’ compensation statute, and any other federal, state or local act or ordinance pertaining to employment. The intent of Xxxxx and Daisytek is that this release will be interpreted in as broad a fashion as possible and that it is intended to be a total and complete release of all claims of any sort whatsoever.
