Common use of Release by Xxxxxxxxx Clause in Contracts

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. XxXxxxxxxWithout prejudice to enforcement of the covenants, for good and valuable consideration described abovepromises and/or rights reserved herein, the sufficiency of which is Xxxxxxxxx hereby acknowledged, does hereby for himself and his heirs, estates, executors, legatees, administrators, agents, representatives, attorneys, insurers and assigns, fully, forever, irrevocably and unconditionally, unconditionally releases, remises acquits and forever discharges C.P. Atlas Holding, Inc., American Renal Associates Holdings, Inc., American Renal Holdings the Company, Inc.its parent, American Renal AssociatesReliance, LLCeach of their respective parents, American Renal Holdings, Inc., American Renal Management LLC, Centerbridge Partners, their subsidiaries and affiliates, subsidiaries, parents, related or joint venture entities, and any all of their predecessors, successors, successors and assigns, assigns and any all of their shareholdersthe foregoing entities’ respective directors, officers, directorsadministrators, employeesfiduciaries, agentsemployees and agents (but with respect to any individual, representativesonly in his or her official capacity and not in any personal capacity unrelated thereto; collectively, attorneys“Releasees”), lenders, insurers and assignsor any of them, from any and all manner of claims, charges, complaints, demandsclaims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, debts, dues, sums of money oweddemands, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities debts and expenses (including attorneys’ fees and costs), costs actually incurred) of every kind and any nature whatsoever, known or unknown, either at law suspected or in equityunsuspected, based uponincluding, arising out of or in connection with any circumstancewithout limitation, 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 Actas amended, the Americans with Disabilities ActFederal Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, the Equal Pay ActEmployee Retirement Income Security Act (“ERISA”), as amended, the Civil Rights Act of 1991, as amended, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security ActOlder Workers Benefit Protection Act (“OWBPA”), as amended, the Worker Adjustment Retraining and Notification Act (“WARN”), as amended the Occupational Safety and Health ActAct of 1970 (“OSHA”), the WorkersNew 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’ Adjustment andexecution 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 applicable plan, agreement, program, award, policy or arrangement of the Company, (iv) Xxxxxxxxx’ eligibility for indemnification and advancement of expenses in accordance with applicable laws or the certificate of incorporation and by-laws of the Company, or any applicable insurance policy, (v) any right Xxxxxxxxx may have to obtain contribution as permitted by law in the event of entry of judgment against Xxxxxxxxx as a result of any act or failure to act for which Xxxxxxxxx, on the one hand, and the Company or any other Releasee, on the other hand, are jointly liable or (vi) any rights Xxxxxxxxx may have as a shareholder of the Company or any affiliate.

Release by Xxxxxxxxx. To the greatest extent permitted by law, XxXxxxxxx, for good and valuable consideration described above, the sufficiency on behalf of which is hereby acknowledged, does hereby for himself and his heirs, estates, executors, legatees, administratorssuccessors, 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, hereby releases and any forever discharges NMC, which is specifically defined for purposes of this release to include NMC and all of its predecessor, successor, parent, subsidiary, affiliated entities (specifically including, The Navigators Group, Inc., Navigators Insurance Company, and Navigators Specialty Insurance Company) and all of its/their shareholders, officers, directors, employees, agents, representatives, attorneys, lenders, insurers and assignsagents (the “Released Parties”), from any and all manner liability for any and all claims arising on or prior to the effective date of this Agreement. This release includes, but is not limited to, any and all claims, charges, complaintsrights, demands, actions, and causes of actionaction of any and every kind, 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, whether now known or unknown, either at law real or in equitypotential, based upon, whether arising out of or in connection with any circumstanceclaim for wrongful termination, matter or state breach of fact up to the date of this Agreementcontract, including but not limited todiscrimination, claims or rights under harassment, retaliation, and/or any federalother tort, statepersonal injury, or local statutory and/or common law in any way regulating violation of public policy or affecting the employment relationshipstatute, 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 Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Americans with With Disabilities Act, the Equal Pay Fair Labor Standards Act, and any and every other federal, state, and local law, statute, and ordinance and Letter Agreements dated July 10 and 11, 2008 between XxXxxxxxx and The Navigators Group, Inc.. However, nothing in this Agreement shall be construed as waiving or releasing any claim which cannot be waived or released by private agreement of the Rehabilitation Act Parties, or as prohibiting XxXxxxxxx from filing a charge or complaint, including a challenge to the validity of 1973this Agreement, with the Employee Retirement Income Security ActEqual Employment Opportunity Commission (“EEOC”), or as prohibiting XxXxxxxxx from participating in any investigation or proceeding conducted by the Occupational Safety EEOC. XxXxxxxxx agrees, however, that by signing this Agreement, he waives all rights to individual relief based on claims asserted in any such EEOC proceeding. Anything to the contrary notwithstanding, nothing herein shall release any of the Released Parties from any liabilities based on (a) XxXxxxxxx’x right to enforce the terms and Health Actconditions of this Agreement, (b) any right or claim that arises after the Workers’ Adjustment anddate this Agreement is executed by XxXxxxxxx, (c) any right XxXxxxxxx may have to vested or accrued benefits or entitlements under any applicable plan, agreement, program, award, policy or arrangement of NMC or its parents, subsidiaries and affiliates, (d) any rights XxXxxxxxx may have as a shareholder of NMC or any of its subsidiaries or affiliates, (e) XxXxxxxxx’x right to indemnification and advancement of expenses in accordance with applicable laws and/or the certificate of incorporation and by-laws of NMC or its parents, subsidiaries and affiliates or this Agreement or any applicable insurance policy, or (f) any right XxXxxxxxx may have to obtain contribution as permitted by law in the event of entry of judgment against XxXxxxxxx as a result of any act or failure to act for which XxXxxxxxx, on the one hand, and the Released Parties, on the other hand, are jointly liable.

Release by Xxxxxxxxx. XxXxxxxxxIn exchange for, for good and valuable in consideration described aboveof, the sufficiency of which is hereby acknowledgedpayments, does hereby benefits, and other commitments described herein, Xxxxxxxxx, acting for himself himself, Xxxxxxxxx’x spouse, and his their respective heirs, estates, representatives, executors, legateessuccessors and assigns (all encompassed in the term “Xxxxxxxxx”), administrators, agents, representatives, attorneys, insurers and assigns, hereby fully, forever, irrevocably irrevocably, and unconditionally, releases, remises unconditionally release and discharges C.P. Atlas Holding, Inc., American Renal Associates Holdings, Inc., American Renal Holdings discharge the Company, Inc.its shareholders, American Renal Associates, LLC, American Renal Holdings, Inc., American Renal Management LLC, Centerbridge Partners, their affiliates, subsidiariesemployee benefit plans, parentsemployee benefit plan fiduciaries, related or joint venture entitiesinsurers of employee benefits, and any of their predecessors, successors, and assigns, and any of their shareholders, its officers, directors, employees, agents, attorneys, administrators, representatives, attorneyssuccessors, lendersassigns, insurers and assignsall persons acting by, through, under, or in concert with the Company (collectively referred to hereinafter as the “Released Parties”), from any and all manner claims 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 whatever kind and nature whatsoevernature, known or unknowncharacter, either at and description, whether in law or in equity, based uponwhether sounding in tort, contract or other common law or arising out of any federal, state, and/or local law, statute, ordinance, regulation, guidance, opinion, interpretation, caselaw, or other source of law, which Xxxxxxxxx may have against any of the Released Parties, including any and all claims arising out of and/or in connection any way related to Xxxxxxxxx’x employment with the Company, or the circumstances of his retirement from that employment, which could have arisen out of any circumstance, matter act or state omission occurring from the beginning of fact up time to the date of this Agreement, whether now known or unknown, contingent or vested, whether anticipated or unanticipated, asserted or unasserted, at the time of execution of this Agreement or not, for any type of relief, including, without limitation, any and all claims, charges, grievances, causes of action, lawsuits or other actions of any kind seeking to recover or be awarded any form of compensation, benefits, damages, unpaid costs or reimbursements, penalties (including late payment penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or injunctive or other equitable relief. This release includes, to the fullest extent permissible under applicable federal, state, and local laws and regulations, but is not limited to, any and all claims brought or rights that could be brought under any federalagreement between the Company and Xxxxxxxxx (except for this Agreement), state, claims arising from or local dependent on the 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 Commonwealth of 1964Virginia as well as any and all claims brought or that could be brought pursuant to or under any federal statute, 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 andlaw or regulatory authority.

Release by Xxxxxxxxx. XxXxxxxxx, for good (a) In consideration of the rights and valuable consideration described aboveobligations created by this Agreement, the receipt and sufficiency of which is are hereby acknowledged, does hereby Xxxxxxxxx for himself and himself, his heirs, estates, executors, legatees, administrators, agents, personal representatives, attorneys, insurers successors and assigns, fully, forever, irrevocably hereby fully and unconditionally, releases, remises forever releases and discharges C.P. Atlas HoldingKey, Inc.its subsidiaries, 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, subsidiariesand each of them, parents, related or joint venture entities, and any of as well as their predecessors, successors, and assigns, and any of their shareholders, officers, directors, shareholders, employees, agents, representatives, attorneys, lenders, insurers successors and assigns, from any and all manner of claims, charges, complaints, demands, obligations, 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), damages of every kind and nature whatsoever, known or unknown, either 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 upon, arising out of in whole or in connection with part upon any circumstance, matter act or state of fact up to omission through the date of this Agreementhis 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. (b) Xxxxxxxxx agrees that the release in subparagraph 8(a) includes 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 is not limited to an express waiver of rights and claims under federal and state statutes that prohibit employment discrimination on the basis of sex, race, national origin, religion, disability and age, such as the Age Discrimination in Employment ActAct of 1987, Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, the Americans With Disabilities Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, and the Rehabilitation Act of 1973, the Employee Retirement Income Security Colorado Civil Rights Act, as well as all common law rights and claims, such as breach of contract, express or implied, tort, whether negligent or intentional, constructive discharge, and wrongful discharge. Xxxxxxxxx agrees that the Occupational Safety benefits under this Agreement, which he accepts by signing this Agreement and Health Actto which he would not otherwise be entitled, have value to him. Xxxxxxxxx, with the Workers’ Adjustment andadvice of competent counsel, and after having been advised to consult with an attorney, affirms that he has had at least 21 days in which to consider executing this Agreement. Xxxxxxxxx is further aware of his right to revoke the waiver of claims within 7 days after signing this Agreement. If Xxxxxxxxx revokes the waiver of claims contained in this paragraph within 7 days after signing this Agreement, he shall immediately return to Key all sums he has received pursuant to this Agreement and in that event this Agreement shall be of no further force or effect.