Common use of Release by Xxxxxx Clause in Contracts

Release by Xxxxxx. For and in consideration of the payments made by Xxxxxxx & Xxxxxxx as described in Paragraph 1, the sufficiency of which is hereby acknowledged, Xxxxxx 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 Xxxxxx 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. 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 creditor 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, satisfaction, and 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 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, implied, oral, or written. Notwithstanding the foregoing, this Agreement does not apply to any claims or rights that arise after the date of this Agreement, including such claims that may arise under the Age 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. For and in In consideration for the obligation of the payments made by Xxxxxxx & Xxxxxxx as described in Paragraph 1Company to pay compensation pursuant to Section 2(a), Section 2(b) and Section 2(c) and Section 2(d) and Section 2(e) of the Retirement Agreement, the sufficiency continued employment of which is hereby acknowledged, Xxxxxx agrees, representspursuant to Section 1(b) of the Retirement Agreement, and promises as follows: For himselfthe agreement of the Company with respect to the 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 his heirs, and executors, he irrevocably administrators, successors, assigns, and unconditionally any other person claiming by, through, or under him, voluntarily and knowingly waives, releases and forever discharges to the fullest extent permitted by lawCompany, individually its subsidiaries and collectivelytheir direct and indirect affiliates, Xxxxxxx & Xxxxxxx; Xxxxxxx & Xxxxxxx (HK)and their past, Ltd.; Guangzhou Xxxxxxx & Xxxxxxx Trading Limited; Bird Capital Grouppresent, Inc. and each of their present and former shareholdersfuture respective successors, officersassigns, directors (specifically including, but not limited to, Xxxxxxx X. Xxxx) employeesdivisions, representatives, agents, predecessorsofficers, successorsdirectors, affiliatesstockholders, subsidiaries, assigns, any employee benefit plans sponsored or administered by Xxxxxxx & Xxxxxxxcontractors, and all persons acting byattorneys (and their attorneys employees, throughagents, or in concert with them (all hereinafter collectively referred to as “Released Parties”), of and contractors) from any and all charges, claims, complaints, demands, liabilities, demands and/or causes of actionaction whatsoever, losses, costs, or expenses of any kind whatsoever (including related attorneys’ fees and costs), presently known or unknown, suspected that are based upon facts occurring on or unsuspectedprior to the Release Date, that Xxxxxx 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, to any claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 19641967, the Civil Rights Older Workers Benefits Protection 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 retaliation1990, or any claims other statute concerning age discrimination. Such release does not, however, reach the Company’s obligations pursuant to the Retirement Agreement, none of which are released hereby but are hereby preserved. However, Xxxxxx does not release or waive and expressly preserves all his rights: (i) under the Retirement Agreement and its Exhibits, (ii) all his rights to enforce the Retirement Agreement and this Release and the Company’s obligation thereunder, (iii) the obligations of the Company for breach 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 contract Incorporation, (v) any coverage and right to payment of health care costs under the health, medical, dental and vision plans of the Company, (vi) any business or breach travel expenses required to be reimbursed pursuant to the Company’s policies and practices, (vii) the terms of any employment agreement. Xxxxxx also understands and agrees that this Agreement extinguishes all claimsapplicable general liability, whether known or unknown, foreseen or unforeseenfiduciary, and expressly waives any directors and officers insurance coverage, (viii) his rights or benefits under any law or judicial decision which provides in substance or effect that as a general release does not extend to claims which the creditor 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, satisfactionshareholder, and discharge (x) his rights, if any, to payment 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 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, implied, oral, or written. Notwithstanding the foregoing, this Agreement does not apply to any claims or rights that arise after the date of this Agreement, including such claims that may arise under the Age 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 signedaccrued but unused vacation.

Release by Xxxxxx. For Except as otherwise expressly provided in this Agreement and in consideration of except for claims that bear no relationship whatsoever to any matter related to the payments made by Xxxxxxx & Xxxxxxx as described in Paragraph 1Company, the sufficiency of which is hereby acknowledged, Xxxxxx agrees, representsits subsidiaries, and promises its employees in their capacity as follows: For himselfsuch, Xxxxxx, for himself and his heirs, and executors, he irrevocably administrators, assigns, affiliates, associates, successors and unconditionally agents (collectively, the “Xxxxxx Parties”), hereby fully and without limitation releases and forever discharges to the fullest extent permitted by lawCompany and its affiliates, direct or indirect subsidiaries, divisions or related entities and their respective current and former agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Parties”), both 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 chargesrights, claims, complaints, demands, liabilities, actions, causes of action, damages, losses, costs, or expenses and compensation, of any kind whatsoever (including related attorneys’ fees and costs)whatever nature whatsoever, known or unknown, suspected fixed or unsuspectedcontingent, that which Xxxxxx may now have, or any of the Xxxxxx Parties has ever had, or may have in or may claim to have against the future against any one or all of the Released Company Parties by reason of any actmatter, omission, transactioncause, or event occurring up thing whatsoever, from the beginning of time to and including the date of this AgreementEffective Date (“Claims”), including, but without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to (i) the recruitment, hiring, employment, relocation, remuneration, investigation or termination of Xxxxxx by any of the Company Parties, (ii) Xxxxxx’x tenure as an employee and/or an officer of any of the Company Parties, (iii) any compensation arrangement between Xxxxxx and any of the Company Parties, (iv) any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of Xxxxxx or the Xxxxxx Parties in equity capital or rights in equity capital or other securities of any of the Company Parties, or (v) the Prior Agreements (other than any provision thereof surviving termination pursuant to Section 9), to the maximum extent permitted by law. In furtherance and not limited tolimitation of the foregoing, claims under Xxxxxx specifically and expressly releases any Claims arising out of or based on: the Age Discrimination in California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, the Civil Rights as amended; Age Discrimination In Employment Act of 19911967, as amended (the “ADEA”); the Americans With Disabilities Act; the National Labor Relations Act, the Employee Retirement Income Security Act of 1974, the Post Civil War Civil Rights Act (42 U.S.C. §§ 1981-88), as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law on fraud, The Occupational Safety and Health Actmisrepresentation, the North Carolina Retaliatory Employment Discrimination Act (N.C. Gen. Stat. §§ 95-240 – 95-245)negligence, the North Carolina Wage & Hour Actdefamation, the Family and Medical Leave Actinfliction of emotional distress or other tort, 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 covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other state or federal law, rule or regulation dealing with the employment agreementrelationship or operating a publicly held business. The foregoing release does not release any rights of Xxxxxx also understands to indemnification from the Company pursuant to its Articles of Incorporation or Bylaws associated with actions brought by third parties against Xxxxxx related to his prior service as an employee of the Company, and agrees that this Agreement extinguishes the Company does not waive, and expressly reserves, all claims, whether known or unknown, foreseen or unforeseenrights, and expressly waives arguments against a right of Xxxxxx, if 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 creditor 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, satisfaction, and 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 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, implied, oral, or written. Notwithstanding the foregoing, this Agreement does not apply to any claims or rights that arise after the date of this Agreement, including such claims that may arise under the Age 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 signedindemnity.

Release by Xxxxxx. For and in Xx consideration of the payments made by Xxxxxxx & Xxxxxxx as described and severance benefits set forth in Paragraph 1, the sufficiency of this Agreement which is hereby acknowledged, consideration and severance benefits Xxxxxx agrees, representswas not otherwise entitled to receive, and promises as follows: For himselfintending to be legally bound, his heirsXxxxxx, and executorsall other persons or entities claiming with, he irrevocably and unconditionally by, or through him, hereby releases and forever discharges to the fullest extent permitted by lawCorporation, 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, its predecessors, successors, affiliates, subsidiaries, assignsparents, any employee benefit plans sponsored or administered by Xxxxxxx & Xxxxxxxpartners and all of their present and past shareholders, directors, officers, agents, employees and attorneys, and all other persons acting byor entities who could be said to be jointly or severally liable with them, through, or in concert with them (all hereinafter individually and collectively referred to as “Released Parties”), of and "the Releasees") from any and all chargesliabilities, claims, complaints, demands, liabilitiesactions, causes of action, lossesrights, costsjudgments, obligations, demands, or expenses of any kind whatsoever (including related attorneys’ fees and costs)suits presently asserted or not asserted, accrued or unaccrued, known or unknown, suspected or unsuspected, that Xxxxxx may had, now have, has ever hadhas, or may have in or could claim to have against the future against any one or all Releasees, from the beginning of the Released Parties by reason of any act, omission, transaction, or event occurring up time to and including the date of execution of this Agreement, including, but not limited toto all claims and rights in any way arising from or based upon Xxxxxx'x employment with Corporation, claims under or which relate in any way to the Age Discrimination in Employment Acttermination of Xxxxxx'x employment with Corporation, and also including Title VII of the Civil Rights Act of 1964, the Civil Rights Americans with Disabilities Act of 19911990, the Americans With Disabilities 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 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 federalstatute, stateregulation, or local claim law or law relating to wrongful discharge, emotional distress, employment discrimination, or retaliation, or any claims for breach of contract or breach of any employment agreementamendments thereto. Xxxxxx also understands and agrees that this Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, and expressly 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 under any law or judicial decision which provides described in substance or effect that a general release does not extend to claims which the creditor 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 shall be in full accord, satisfaction, and discharge satisfaction of any and all doubtful and/or disputed claims by for payments or benefits, whether express or implied, that Xxxxxx may have against the Released PartiesReleasees arising out of his employment relationship or his service as an employee, officer, 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 director of the Released Parties except for Corporation and the payments provided in Paragraph 1 of this Agreementtermination thereof, 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 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, implied, oral, or written. Notwithstanding the foregoing, this Agreement does not apply to any claims or than rights that arise after the date of this Agreement, including such claims that may arise under the Age 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 signedCorporation pension plan and 401(k) plan.