Common use of Release by Xxxxxx Clause in Contracts

Release by Xxxxxx. Xx consideration of the payments and severance benefits set forth in this Agreement which consideration and severance benefits Xxxxxx was not otherwise entitled to receive, and intending to be legally bound, Xxxxxx, and all other persons or entities claiming with, by, or through him, hereby releases and forever discharges Corporation, and its predecessors, successors, affiliates, subsidiaries, parents, partners and all of their present and past shareholders, directors, officers, agents, employees and attorneys, and all other persons or entities who could be said to be jointly or severally liable with them, (individually and collectively "the Releasees") from any and all liabilities, claims, actions, causes of action, rights, judgments, obligations, demands, or suits presently asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxx had, now has, or may have or could claim to have against the Releasees, from the beginning of time to the date of execution of this Agreement, including, but not limited to all claims and rights in any way arising from or based upon Xxxxxx'x employment with Corporation, or which relate in any way to the termination of Xxxxxx'x employment with Corporation, and also including Title VII of Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Pennsylvania Human Relations Act, the Federal Age Discrimination in Employment Act, the Federal Older Workers Benefit Protection Act, the Family and Medical Leave Act, any Whistleblower provision of any statute or law, the Employee Retirement Income Security Act of 1974, and any other statute, regulation, or law or amendments thereto. Xxxxxx waives any rights under the Corporation’s stock option plans, discharges the Corporation from any liabilities under Corporation stock option plans, and agrees not to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described in this Agreement shall be in full satisfaction of any and all claims for payments or benefits, whether express or implied, that Xxxxxx may have against the Releasees arising out of his employment relationship or his service as an employee, officer, and director of the Corporation and the termination thereof, other than rights under the Corporation pension plan and 401(k) plan.

Release by Xxxxxx. Xx For and in consideration of the payments and severance benefits set forth made by Xxxxxxx & Xxxxxxx as described in this Agreement Paragraph 1, the sufficiency of which consideration and severance benefits is hereby acknowledged, Xxxxxx was not otherwise entitled to receiveagrees, represents, and intending to be legally boundpromises as follows: For himself, Xxxxxxhis heirs, and all other persons or entities claiming withexecutors, by, or through him, hereby he irrevocably and unconditionally releases and forever discharges Corporationto the fullest extent permitted by law, individually and its 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, parentsassigns, partners and all of their present and past shareholders, directors, officers, agents, employees and attorneysany employee benefit plans sponsored or administered by Xxxxxxx & Xxxxxxx, and all other persons acting by, through, or entities who could be said in concert with them (all hereinafter collectively referred to be jointly or severally liable with themas “Released Parties”), (individually of and collectively "the Releasees") from any and all liabilitiescharges, claims, actionscomplaints, demands, liabilities, causes of action, rightslosses, judgments, obligations, demandscosts, or suits presently asserted or not asserted, accrued or unaccruedexpenses of any kind whatsoever (including related attorneys’ fees and costs), known or unknown, suspected or unsuspected, that Xxxxxx may now have, has ever had, now has, or may have in the future against any one or could claim all of the Released Parties by reason of any act, omission, transaction, or event occurring up to have against the Releasees, from the beginning of time to and including the date of execution of this Agreement, including, but not limited to all to, claims and rights under the Age Discrimination in any way arising from or based upon Xxxxxx'x employment with CorporationEmployment Act, or which relate in any way to the termination of Xxxxxx'x employment with Corporation, and also including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Civil Rights Act of 19901991, the Rehabilitation Act of 1973, the Pennsylvania Human Relations Americans With Disabilities Act, the Federal Age Discrimination in Employment Act, the Federal Older Workers Benefit Protection Act, the Family and Medical Leave Act, any Whistleblower provision of any statute or law, 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 statutefederal, regulationstate, or local claim or law relating to wrongful discharge, emotional distress, employment discrimination, or amendments theretoretaliation, or any claims for breach of contract or breach of any employment agreement. Xxxxxx also understands and agrees that this Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, and expressly waives any rights or benefits under any law or judicial decision which provides in substance or effect that a general release does not extend to claims which the Corporation’s stock option planscreditor does not know or suspect to exist in his favor at the time of executing the general release. It is expressly understood and agreed by the parties that this Agreement is in full accord, discharges the Corporation from any liabilities under Corporation stock option planssatisfaction, and agrees not to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described in this Agreement shall be in full satisfaction discharge of any and all doubtful and/or disputed claims by Xxxxxx against the Released Parties, and that this Agreement has been signed with the express intent of extinguishing all claims, obligations, actions, or causes of action as herein described. Xxxxxx acknowledges that he has received all monies due to him from any one or all of the Released Parties except for the payments provided in Paragraph 1 of this Agreement, and is not entitled to any other monies from the Released Parties for any reason, including compensatory damages, punitive damages, or attorneys’ fees, costs, and/or disbursements, known or unknown, asserted or unasserted claims for payments lost or unpaid wages and/or severance benefits, claims for damages to reputation, claims for physical, mental, and personal injuries, and resulting emotional distress, pain, and suffering, as well as all other statutory claims, and/or common law claims and/or contract claims, whether express or express, implied, oral, or written. Notwithstanding the foregoing, this Agreement does not apply to any claims or rights that Xxxxxx arise after the date of this Agreement, including such claims that may have against the Releasees arising out of his employment relationship or his service as an employee, officer, and director of the Corporation and the termination thereof, other than rights arise under the Corporation pension plan and 401(k) planAge Discrimination in Employment Act or under any other applicable law, including a claim for breach of this Agreement, after the date that this Agreement is signed.

Release by Xxxxxx. Xx In consideration for the obligation of the payments Company to pay compensation pursuant to Section 2(a), Section 2(b) and severance benefits set forth in this Agreement which consideration Section 2(c) and severance benefits Section 2(d) and Section 2(e) of the Retirement Agreement, the continued employment of Xxxxxx was not otherwise entitled pursuant to receiveSection 1(b) of the Retirement Agreement, and intending the agreement of the Company with respect to be legally boundthe vesting of Non-Vested Options and Non-Vested Shares pursuant to Section 3 of the Retirement Agreement and its Schedule or Exhibit C, Xxxxxx, on behalf of himself and all other persons or entities claiming withhis heirs, byexecutors, or through him, hereby releases and forever discharges Corporation, and its predecessorsadministrators, successors, assigns, and any other person claiming by, through, or under him, voluntarily and knowingly waives, releases and discharges the Company, its subsidiaries and their direct and indirect affiliates, subsidiariesand their past, parentspresent, partners and all of their present and past shareholdersfuture respective successors, assigns, divisions, representatives, agents, officers, directors, officersstockholders, contractors, and attorneys (and their attorneys employees, agents, employees and attorneys, and all other persons or entities who could be said to be jointly or severally liable with them, (individually and collectively "the Releasees"contractors) from any and all liabilities, claims, actions, demands and/or causes of actionaction whatsoever, rights, judgments, obligations, demands, or suits presently asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxx had, now has, are based upon facts occurring on or may have or could claim to have against the Releasees, from the beginning of time prior to the date of execution of this AgreementRelease Date, including, including but not limited to all any claims and rights under the Age Discrimination in any way arising from or based upon Xxxxxx'x employment with Corporation, or which relate in any way to the termination of Xxxxxx'x employment with Corporation, and also including Title VII of Civil Rights Employment Act of 19641967, the Americans with Disabilities Older Workers Benefits Protection Act of 1990, or any other statute concerning age discrimination. Such release does not, however, reach the Rehabilitation Act Company’s obligations pursuant to the Retirement Agreement, none of 1973which are released hereby but are hereby preserved. However, Xxxxxx does not release or waive and expressly preserves all his rights: (i) under the Pennsylvania Human Relations ActRetirement Agreement and its Exhibits, (ii) all his rights to enforce the Federal Age Discrimination in Employment ActRetirement Agreement and this Release and the Company’s obligation thereunder, (iii) the Federal Older Workers Benefit Protection Actobligations of the Company for salary owed through August 31, 2012, (iv) Employee’s rights to indemnity, contribution and a defense with respect to any Company related claim under any statute, agreement or Company governance document such as a by-law or its Certificate of Incorporation, (v) any coverage and right to payment of health care costs under the Family health, medical, dental and Medical Leave Actvision plans of the Company, (vi) any Whistleblower provision business or travel expenses required to be reimbursed pursuant to the Company’s policies and practices, (vii) the terms of any statute or lawapplicable general liability, the Employee Retirement Income Security Act of 1974fiduciary, and any other statutedirectors and officers insurance coverage, regulation, or law or amendments thereto. Xxxxxx waives any (viii) his rights under the Corporation’s stock option plans, discharges the Corporation from any liabilities under Corporation stock option plansas a shareholder, and agrees not (x) his rights, if any, to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described in this Agreement shall be in full satisfaction payment of any and all claims for payments or benefits, whether express or implied, that Xxxxxx may have against the Releasees arising out of his employment relationship or his service as an employee, officer, and director of the Corporation and the termination thereof, other than rights under the Corporation pension plan and 401(k) planaccrued but unused vacation.

Release by Xxxxxx. Xx consideration Except as to claims arising out of the payments TRX’s promises and severance benefits set forth in obligations under this Agreement which consideration and severance benefits Xxxxxx was not otherwise entitled to receive, and intending to be legally boundSeparation Agreement, Xxxxxx, on behalf of himself and all his spouse, heirs, executors, administrators, assigns, insurers, attorneys and other persons or entities claiming withentities, byacting or purporting to act on his behalf (collectively, or through him“Xxxxxx Parties”), does hereby releases irrevocably and unconditionally release, acquit and forever discharges Corporationdischarge TRX Fulfillment Services, LLC and TRX, Inc., and its predecessors, successorstheir subsidiaries, affiliates, subsidiaries, parents, partners and all of their present and past shareholders, directors, officers, employees, partners, agents, employees and attorneysrepresentatives, predecessors, successors, assigns, insurers, and all other persons or entities who could be said to be jointly or severally liable with themattorneys (collectively, (individually and collectively "the Releasees") “TRX Parties”), from any and all liabilities, claims, actions, causes of action, rightssuits, claims, obligations, liabilities, debts, demands, contentions, damages, judgments, obligationslevies and executions of any kind, demands, whether in law or suits presently asserted or not asserted, accrued or unaccruedin equity, known or unknown, that Xxxxxx had, now has, or may have or could claim to have against the Releasees, from the beginning of time to the date of execution of this Agreement, including, including but not limited to all claims and rights in any way which the Xxxxxx Parties have or have had against the TRX Parties by reason of, arising out of, related to, or resulting from or based upon Xxxxxx'x Xxxxxx’x employment with CorporationTRX or the termination thereof. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim for defamation or other intentional or negligent conduct, and any claim arising under federal, state, or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination. This release specifically includes any claim which relate in any way to the termination of Xxxxxx'x Xxxxxx Parties have or have had under Georgia state law regarding employment with Corporation, and also including discrimination or wages; Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Americans with Disabilities Act of 1990, Equal Pay Act; the Rehabilitation Act of 1973, the Pennsylvania Human Relations Act, the Federal Age Discrimination in Employment Act, as amended; the Federal Older Workers Benefit Protection Americans with Disabilities Act, ; the Family and Medical Leave Act (including any reinstatement rights thereunder); the Uniformed Services Employment and Reemployment Rights Act, any Whistleblower provision of any statute or law, ; the Employee Polygraph Protection Act; and the Employee Retirement Income Security Act of 1974Act, and as amended. The claims released herein also specifically include any other statute, regulation, or law or amendments thereto. Xxxxxx waives any rights under the Corporation’s stock option plans, discharges the Corporation from any liabilities under Corporation stock option plans, and agrees not to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described in this Agreement shall be in full satisfaction of any and all claims for payments attorney’s fees or benefits, whether express or implied, that Xxxxxx may have against the Releasees expenses of litigation arising out of his employment relationship or his service as an employee, officer, and director of any dispute between the Corporation Xxxxxx Parties and the termination thereof, TRX Parties relating to any claim released herein. This release does not apply to (a) workers compensation or unemployment benefit claims; (b) claims arising after the Effective Date; or (c) Xxxxxx’x entitlement to vested benefits under any TRX employee benefit plan. This release does not prohibit Xxxxxx from communicating with the Equal Employment Opportunity Commission or any other than rights under the Corporation pension plan and 401(k) plangovernmental agency.

Release by Xxxxxx. Xx consideration of the payments and severance benefits set forth in this Agreement which consideration and severance benefits Xxxxxx was not otherwise entitled to receivex. Xxxxxx, and intending to be legally bound, Xxxxxxand for and in consideration of the obligations undertaken pursuant to this Agreement, does for himself, his heirs, executors, administrators, successors and all other persons or entities claiming withassigns hereby remise, by, or through him, hereby releases release and forever discharges Corporationdischarge Company, and its successors, predecessors, successorsparents, subsidiaries, affiliates, subsidiaries, parents, partners and all of their present and past shareholdersassigns, directors, officers, agents, attorneys, employees and attorneysformer employees, and all persons, corporations or other persons or entities who could might be said claimed to be jointly or and severally liable with themthem (collectively, (individually and collectively "“the Releasees") Released Parties”), from any and all liabilitiesactions, claims, actions, causes of action, rights, judgments, obligations, demands, suits and compensation whatsoever, including those based upon, arising from or suits presently relating to his employment relationship with Company or the termination of that relationship, whether known or unknown or whether asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxx had, now has, or may have or could claim to have against the Releaseesunasserted, from the beginning of time to the date of execution of this Agreement, including. This release includes, but is not limited to all to, claims and rights under the Age Discrimination in any way arising from or based upon Xxxxxx'x employment with CorporationEmployment Act (29 U.S.C. § 621 et seq.), or which relate in any way to the termination of Xxxxxx'x employment with Corporation, and also including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Pennsylvania Human Relations Act, the Federal Age Discrimination in Employment Act, the Federal Older Workers Benefit Protection Act, the Family and Medical Leave Act, any Whistleblower provision of any statute or law, the Employee Retirement Income Security Act of 1974, the Americans With Disabilities Act, the Family and Medical Leave Act and the North Carolina Wage and Hour Act, claims for breach of contract, unpaid wages, wrongful or retaliatory discharge, intentional or negligent infliction of emotional distress and any other statutestatutory or common law theories, regulationincluding any claim for attorneys’ fees and costs, which Xxxxxx or law anyone claiming by, through or amendments theretounder him in any way might have or could claim against the Released Parties. ii. Xxxxxx waives any rights under the Corporation’s stock option plans, discharges the Corporation from any liabilities under Corporation stock option plans, and agrees not to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described Nothing in this Agreement shall is intended to waive claims (i) for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Xxxxxx signs this Agreement, (iii) for indemnification under Company’s bylaws or director and officer insurance maintained by Company for any costs and expenses of defending, and any losses to Xxxxxx resulting from, any demands, claims or legal proceedings against Xxxxxx arising out of or relating in any way to his services as an officer of the Company, (iv) that may arise after Xxxxxx signs this Agreement, or (v) which cannot be released by private agreement. In addition, nothing in full satisfaction this Agreement prevents Xxxxxx from filing a charge or complaint with, or from participating in an investigation or proceeding conducted by, the Equal Employment Opportunity Commission or any other any federal, state or local agency charged with the enforcement of any laws, although by signing this Agreement Xxxxxx is waiving any and all rights to individual relief based on claims for payments asserted in such a charge or benefitscomplaint, whether express or impliedasserted by any third-party on Xxxxxx’x behalf, that Xxxxxx may have against the Releasees arising out except where such a waiver of his employment relationship or his service as an employee, officer, and director of the Corporation and the termination thereof, other than rights under the Corporation pension plan and 401(k) planindividual relief is prohibited.