Common use of Release by Xxxxxxx Clause in Contracts

Release by Xxxxxxx. In consideration of the compensation, benefits and agreements provided for pursuant to this Agreement and the Employment Agreement, the sufficiency of which is hereby acknowledged, XXXXXXX, for himself and for any person who may claim by or through him, releases and forever discharges MEDQUIST, and its past, present and future parents, subsidiaries, divisions, affiliates, related companies, predecessors, successors, officers, directors, attorneys, agents, and employees (the “Releasees”), from any and all claims or causes of action that XXXXXXX had, has or may have, relating to XXXXXXX’X employment with and/or separation from MEDQUIST, up until the date of this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, as amended, the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act, the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), the Americans with Disabilities Act, the Employee Retirement Income Security Act (“ERISA); claims under any other federal, state or local statute, regulation or ordinance; claims for discrimination or harassment of any kind, breach of contract or public policy, wrongful or retaliatory discharge, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any compensation or benefits provided for pursuant to any such agreement; and any and all other claims to any form of legal or equitable relief or damages; any other claims for compensation or benefits; or any claims for attorneys’ fees or costs.

Release by Xxxxxxx. In consideration Kamsler, on his own behalf and on behalf of the compensationhis descendants, benefits dependents, heirs, executors, administrators, assigns and agreements provided for pursuant successors, and each of them, hereby covenants not to this Agreement xxx and the Employment Agreement, the sufficiency of which is hereby acknowledged, XXXXXXX, for himself and for any person who may claim by or through him, fully releases and forever discharges MEDQUIST, the Company and each of its past, present and future parents, their subsidiaries, divisionsparent, affiliatesor affiliated partnerships and corporations, related companiespast and present, predecessorsas well as each of its and their directors, officers, trustees, shareholders, members, partners, representatives, attorneys, assignees, successors, officersagents and employees, directors, attorneys, agentspast and present, and employees each of them (the individually and collectively, “Company Releasees”), from and with respect to any and all claims or claims, wages, agreements, obligations, demands and causes of action that XXXXXXX hadaction, has known or may haveunknown, relating suspected or unsuspected (collectively, “Claims”), arising out of or in any way connected with any acts or omissions committed or omitted by Company Releasees prior to XXXXXXX’X employment with and/or separation from MEDQUIST, up until the date of this Agreement, including but not limited to Kamsler’s employment and termination of employment with 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, vesting, 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, any claims arising under Title VII of : the federal Civil Rights Act of 1964, as amended, Section 1981 of ; the Civil Rights federal Americans with Disabilities Act of 1866, as amended, 1990; the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act, the federal Age Discrimination in Employment ActAct of 1967, as amended by (the Older Workers Benefit Protection Act of 1990 (“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 7, Xxxxxxx shall not hereby release any claim with respect to (i) Kamsler’s continuing rights created by or arising out of this Agreement, the Americans with Disabilities ActIndemnity Agreement, the Employee Retirement Income Security Act RSU Agreements, the Proprietary Rights Agreement, and the Stock Option Agreements; (“ERISA); claims ii) vested benefits, if any, under any other federalthe Company’s 401(k) plan, state or local statutein accordance with the terms of that Plan, regulation or ordinance; claims for discrimination or harassment of any kindCOBRA health care and dental care continuation coverage, breach of contract or public policylife insurance conversion rights, wrongful or retaliatory dischargeunemployment compensation, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any workers’ compensation or benefits provided for disability insurance, or (iii) indemnification by the Company pursuant to any such agreement; the Company’s certificate of incorporation, by-laws, and any and all other claims to any form of legal or equitable relief or damages; any other claims for compensation or benefits; or any claims for attorneys’ fees or costsapplicable law.

Release by Xxxxxxx. In consideration of the compensation, benefits and agreements provided for pursuant to this Agreement and the Employment Agreement, the sufficiency of which is hereby acknowledged, XXXXXXX, for himself and for any person who may claim by or through him, releases and forever discharges MEDQUIST, and its past, present and future parents, subsidiaries, divisions, affiliates, related companies, predecessors, successors, officers, directors, attorneys, agents, and employees (the “Releasees”), from any and all claims or causes of action that XXXXXXX had, has or may have, relating to XXXXXXX’X employment with and/or separation termination from MEDQUIST, up until the date of this Agreement, including, but not limited to, any claims arising under Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of the Civil Rights Act of 1866, as amended, the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act, the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), the Americans with Disabilities Act, the Employee Retirement Income Security Act (“ERISA); claims under any other federal, state or local statute, regulation or ordinance; claims for discrimination or harassment of any kind, breach of contract or public policy, wrongful or retaliatory discharge, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any compensation or benefits provided for pursuant to any such agreement; and any and all other claims to any form of legal or equitable relief or damages; any other claims for compensation or benefits; or any claims for attorneys’ fees or costs.

Release by Xxxxxxx. In consideration of As a material inducement to the compensation, benefits and agreements provided for pursuant Company to enter into this Agreement and the Employment Agreement, the sufficiency of which is Xxxxxxx hereby acknowledgedirrevocably and unconditionally releases, XXXXXXXacquits, for himself and for any person who may claim by or through him, releases and forever discharges MEDQUIST, the Company and its past, present and future parents, subsidiaries, divisions, affiliates, related companies, each of the Company’s predecessors, successors, officersassigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and employees attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the “Company Releasees”), or any of them, from any and all claims or charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action that XXXXXXX hadaction, has suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or may haveunknown, relating to XXXXXXX’X employment with and/or separation from MEDQUIST, up until the date of this Agreementsuspected or unsuspected, including, but not limited to, any claims rights arising under out of any alleged contracts or violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Company’s right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance (all collectively hereinafter referred to as the “Claim” or “Claims”) and, including, without limitation, (1) Title VII of the Civil Rights Act of 1964, as amended, Section 1981 of amended by the Civil Rights Act of 18661991 (race, as amendedcolor, religion, sex, and national origin discrimination); (2) the Civil Rights Americans with Disabilities Act of 1991, as amended, (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the Family and Medical Leave Act, the federal Age Discrimination in Employment Act, as amended by Act (age discrimination); (5) the Older Workers Benefit Protection Act of 1990 Act; (“ADEA”), 6) the Americans with Disabilities Equal Pay Act, ; and (7) the Employee Retirement Income Security Act (“ERISA”); claims under any other federal, state which Xxxxxxx now has, owns or local statuteholds, regulation or ordinance; claims for discrimination or harassment of any kind, breach of contract or public policy, wrongful or retaliatory discharge, defamation or other personal or business injury of any kind; claims for breach of any agreement between XXXXXXX and MEDQUIST or for any compensation or benefits provided for pursuant to any such agreement; and any and all other claims to have, own or hold, or which Xxxxxxx at any form of legal time heretofore had owned or equitable relief held, or damages; any other claims for compensation claimed to have owned or benefits; held, against each or any claims for attorneys’ fees or costsof the Company and the Company Releasees at any time up to and including the Effective Date of this Agreement.