Release by Xxxxxxxxx. Without prejudice to enforcement of the covenants, promises and/or rights reserved herein, Xxxxxxxxx hereby irrevocably and unconditionally releases, acquits and forever discharges the Company, its parent, Reliance, each of their respective parents, subsidiaries and affiliates, all of their predecessors, successors and assigns and all of the foregoing entities’ respective directors, officers, administrators, fiduciaries, employees and agents (but with respect to any individual, only in his or her official capacity and not in any personal capacity unrelated thereto; collectively, “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, without limitation, under Title VII of the Civil Rights Act of 1964, as amended, the Federal Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, the Employee Retirement Income Security Act (“ERISA”), as amended, the Civil Rights Act of 1991, as amended, the Rehabilitation Act of 1973, as amended, the Older Workers Benefit Protection Act (“OWBPA”), as amended, the Worker Adjustment Retraining and Notification Act (“WARN”), as amended the Occupational Safety and Health Act of 1970 (“OSHA”), the New York State Human Rights Law, the New York City Human Rights Law, and the Florida Human Rights Act that Xxxxxxxxx now has, or has ever had, or ever will have, against each or any of the Releasees, by reason of any and all acts, omissions, events, circumstances or facts existing or occurring up through the date of Xxxxxxxxx’ execution hereof (any of the foregoing being a “Claim” or, collectively, the “Claims”), including without limitation any Claims arising out or related to the Employment Agreement or the termination of his employment in connection with the Transaction. Anything to the contrary notwithstanding in this Agreement or the Employment Agreement, nothing herein shall release the Company or any other Releasee from any Claims based on (i) any right Xxxxxxxxx may have to enforce this Agreement or the surviving terms of the Employment Agreement, (ii) any right or claim that arises after the date of this Agreement, (iii) any right Xxxxxxxxx may have to vested benefits or other vested entitlements under any ...
Release by Xxxxxxxxx. In consideration of the benefits provided to Xxxxxxxxx under Section 2 herein, Xxxxxxxxx fully and forever releases, waives, discharges (and promises not to xxx or otherwise institute or cause to be instituted) any legal or administrative proceedings against the Company, and any of its officers, directors, attorneys, insurers, shareholders, predecessors, successors, affiliated or related companies, agents, current and former employees, representatives, attorneys and other agents, and assignees thereof, with respect to any and all liabilities, claims, demands, contracts, debts, obligations and causes of action of any nature, kind, and description, whether in law, equity or otherwise, whether or not now known or ascertained, which currently do or may exist, including without limitation any matter, cause or claim arising out of or related to or connected with Xxxxxxxxx'x hire, employment with the Company or its predecessor, or the termination therefrom, as well as any act or omission by the Company, and any of its officers, directors, attorneys, insurers, shareholders, predecessors, successors, affiliated or related companies, agents, employees, and assignees thereof, occurring on or before the date of this Agreement. Such liabilities, claims, demands, contracts, debts, obligations and causes of action, include but are not limited to any claims for unpaid or late wages, severance, stock options, retirement, pension benefits, or other benefits, penalties, breach of contract, breach of the covenant of good faith and fair dealing, infliction of emotional distress, misrepresentation, fraud, claims under Title VII of the Civil Rights Act, under the California Fair Employment and Housing Act, under the Employment Retirement Income and Security Act, under the California Labor Code, and under any other statutory or common law claim relating to employment, and any act or omission by the Company occurring on or before the date of this Agreement except any claims for: (1) benefit rights (if any) that may in the future be denied regarding benefits she claims vested under a Company benefit plan (401(k) or related retirement plan) on or prior to the Termination Date, (2) rights under California Labor Code section 2802, (3) workers' compensation insurance benefits, and (4) indemnification (if available) pursuant to the Company's certificate or incorporation or bylaws, the Company's indemnification agreement with Xxxxxxxxx, or any insurance policy maintained by the Company w...
Release by Xxxxxxxxx. (a) In consideration of the rights and obligations created by this Agreement, the receipt and sufficiency of which are hereby acknowledged, Xxxxxxxxx for himself, his heirs, personal representatives, successors and assigns, hereby fully and forever releases and discharges Key, its subsidiaries, affiliates, and each of them, as well as their officers, directors, shareholders, employees, agents, attorneys, successors and assigns, from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever, at law or in equity, known or unknown, suspected or unsuspected, that Xxxxxxxxx may now have or claim at any future time to have, based in whole or in part upon any act or omission through the date of his separation from employment with Key, including without limitation those claims, demands, obligations, actions, liabilities and damages arising from, relating to or based upon Xxxxxxxxx'x employment with Key or separation from employment with Key.
Release by Xxxxxxxxx. Xxxxxx.xxx hereby releases and discharges PSI, together with its officers, directors, employees, agents, shareholders, attorneys, insurers, successors, predecessors, assigns, subsidiaries, divisions, affiliates, trustees, principals, and representatives from any and all sums of money, accounts, claims, contracts, warranties, actions, debts, controversies, agreements, damages and causes of action whatsoever, of whatever kind or nature, at law or in equity, known or unknown, in respect of any claims of patent infringement arising out of activities on or before the Effective Date (collectively "Stamps Claims"), including without limitation all claims or causes of action asserted in the Litigation or the Prior Litigation. This release shall also apply to any suppliers, manufacturers, distributors, licensees, customers or users of PSI's products or services with respect to Stamps Claims arising from their manufacture, distribution, licensing, purchase or use of PSI's products or services on or before the Effective Date.
Release by Xxxxxxxxx. Except for the obligations created by or arising out of this Agreement, Xxxxxxxxx, AnglePoint Cayman, AnglePoint HK and InRe GP, on behalf of themselves and each of their respective Affiliates, divisions, subsidiary entities, parent entities, officers, directors, shareholders, members, partners, joint venturers, trustees, principals, agents, attorneys, employees, servants, successors, predecessors, representatives, assigns and heirs, as well as any other entity that Xxxxxxxxx, AnglePoint Cayman, AnglePoint HK or InRe GP controls or is controlled by, and each of them, past, present and future (the “Xxxxxxxxx Entities”), hereby forever and irrevocably waive, and release, remise and discharge, unconditionally and without reserve, Enstar, CBRe and InRe and each of their respective Affiliates, divisions, subsidiary entities, parent entities, officers, directors, shareholders, members, partners, joint venturers, trustees, principals, agents, attorneys, employees, servants, successors, predecessors, representatives, assigns and heirs, as well as any entity that Enstar, CBRe or InRe controls or is controlled by, and each of them, past, present and future (the “Enstar Entities”), from, any and all Claims which any of the Xxxxxxxxx Entities ever had, now has, or may claim against the Enstar Entities (whether directly or indirectly) relating to or arising from the Discussed Issues or any other fact, event or circumstance arising on or relating to any period prior to the Effective Date.
Release by Xxxxxxxxx. Xxxxxxxxx, on behalf of itself and its predecessors, successors, insurers, affiliates, and assigns, hereby releases Xxxxxxx (as well as its officers, directors, shareholders, managers, members, partners, principals, affiliates, subsidiaries, related entities, contractors, attorneys, predecessors, successors, assigns, insurers, associates, agents, representatives, employers, and employees) (collectively “Xxxxxxx Released Parties”) from all actions, claims, damages, obligations, and liabilities (of any kind or nature, without regard to amount, known or unknown, accrued or unaccrued) through the effective date this Agreement, including but not limited to all claims arising from or relating to the Contract, Services, Deliverables, Project, $126,153.30 Note, $199,626.96 Note, $461,135.35 Note, and $325,780.26 Note (collectively “Xxxxxxx Released Claims”).
Release by Xxxxxxxxx. XxXxxxxxx, for good and valuable consideration described above, the sufficiency of which is hereby acknowledged, does hereby for himself and his heirs, estates, executors, legatees, administrators, agents, representatives, attorneys, insurers and assigns, fully, forever, irrevocably and unconditionally, releases, remises and discharges C.P. Atlas Holding, Inc., American Renal Associates Holdings, Inc., American Renal Holdings Company, Inc., American Renal Associates, LLC, American Renal Holdings, Inc., American Renal Management LLC, Centerbridge Partners, their affiliates, subsidiaries, parents, related or joint venture entities, and any of their predecessors, successors, and assigns, and any of their shareholders, officers, directors, employees, agents, representatives, attorneys, lenders, insurers and assigns, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money owed, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities and expenses (including attorneys’ fees and costs), of every kind and nature whatsoever, known or unknown, either at law or in equity, based upon, arising out of or in connection with any circumstance, matter or state of fact up to the date of this Agreement, including but not limited to, claims or rights under any federal, state, or local statutory and/or common law in any way regulating or affecting the employment relationship, including but not limited to claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, the Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Occupational Safety and Health Act, the Workers’ Adjustment and
Release by Xxxxxxxxx. A separate release entitled Attachment A has been executed by Xxxxxxxxx, attached hereto and incorporated by reference.
Release by Xxxxxxxxx
