Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended. (b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims. (c) By signing this letter agreement, you acknowledge that you: (i) have been given twenty-one days after receipt of this letter agreement within which to consider it; (ii) have carefully read and fully understand all of the provisions of this letter agreement; (iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement; (iv) knowingly and voluntarily agree to be legally bound by this letter agreement; (v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement; (vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 7 contracts
Samples: Employment Agreement (Broder Bros Co), Employment Agreement (Broder Bros Co), Employment Agreement (Ashi Inc)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) and your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Retention Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims arising under (i) any exception to the employment-at-will doctrine, including any common law theory sounding in tort, contract or public policy, (ii) the provisions of employment discrimination under any localthe Fair Labor Standards Act, stateas amended, or federal any state or local wage and hour law or ordinance, including(iii) the National Labor Relations Act, without limitationas amended, or the Employee Retirement Income Security Act of 1974, as amended, and (iv) Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; , the Americans with Disabilities Act of 1990; , the Age Discrimination in Employment Act of 1967, as amended, or the Illinois Human Rights Act.
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i1) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii2) have carefully read and fully understand all of the provisions of this letter agreement;
(iii3) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv4) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v5) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi6) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 3 contracts
Samples: Retention Agreement (Material Sciences Corp), Retention Agreement (Material Sciences Corp), Retention Agreement (Material Sciences Corp)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the each Company, any of its affiliatesAffiliates (as defined below), successor and assigns, and its and each of their respective directors, officers, members, agents, shareholders shareholders, employees attorneys and employees representatives (collectively, the “Company Entities”) from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, including, without limitation, those Claims which relate in any way to your employment with the any Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the any Company, (iii) your rights to accrued, unused vacation and sick leavePTO, (iv) your right to any indemnification by the any Company pursuant to its articles of incorporation and or organization, bylaws, operating agreement or limited liability company agreement, (v) your rights to coverage under the any Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company DJSP (to the extent you continue to own capital stock of the shares or membership interests in any Company following the execution of this Agreementletter agreement), and (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, DJSP as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 19671967 (“ADEA”), as amendedamended (which prohibits discrimination in employment based on age); Older Workers Benefit Protection Act of 1990 (“OWBPA”) (which also prohibits discrimination in employment based on age).
(b) In signing this Release letter agreement you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company Companies would not have provided the Severance Benefits described in paragraph Section 2. You further agree that in the event you bring your own Claim in which you seek damages against the any Company, or in the event you seek to recover against the any Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;; and
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement by delivering written notice of such revocation to ___________ no later than the seventh day after your execution of this letter agreement...
Appears in 2 contracts
Samples: Employment Agreement (DJSP Enterprises, Inc.), Employment Agreement (DJSP Enterprises, Inc.)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, (iii) Company and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.,
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i1) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii2) have carefully read and fully understand all of the provisions of this letter agreement;
(iii3) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv4) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v5) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi6) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 2 contracts
Samples: Employment Agreement (Sensata Technologies Holding N.V.), Employment Agreement (Sensata Technologies B.V.)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company or the termination of that employment, except for those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, (iii) Company and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any localallegations, stateclaims, or federal law or ordinanceviolations, including, without limitation, arising under: Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Equal Pay Act of 1963, as amended; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; any applicable Executive Order Programs; the Fair Labor Standards Act, as amended; or their state or local counterparts (including the Illinois Human Rights Act, as amended); or under any other federal, state or local civil or human rights law; or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract, or tort, or under common law; or arising under any policies, practices, or procedures of the Company; or arising out of any contract or agreement with the Company (other than under this Agreement); or any claim for wrongful discharge, breach of contract, infliction of emotional distress, or defamation; or any claim for costs, fees, or other expenses, including attorneys' fees incurred in these matters; PROVIDED that such released Claims specifically exclude any claims under the Age Discrimination in Employment Act of 1967, as amendedamended (including the Older Workers Benefit Protection Act).
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims. You further agree that you are not aware of any pending charge or complaint of the type described in paragraph 3(a) as of the execution of this Release.
(c) In signing this Release, you represent that you have made no assignment or transfer of any right, claim, demand, cause of action, or other matter covered by paragraph 3(a) above.
(d) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii1) have carefully read and fully understand all of the provisions of this letter agreement, and understand that you will be giving up important rights (including, without limitation, rights under the Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; and the Employee Retirement Income Security Act of 1974, as amended);
(iii2) knowingly and voluntarily agree with and consent to all of the terms set forth in this letter agreement;
(iv) , and knowingly and voluntarily agree to be legally bound by this letter agreement;; and
(v3) have been advised and encouraged in writing (via this agreement) by the Company to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior you have either done so or, after careful reading and consideration, have chosen not to the effective day you can revoke this letter agreementof your own volition.
Appears in 2 contracts
Samples: Severance Agreement (Focal Communications Corp), Separation Agreement (Focal Communications Corp)
Release by You. (a) You By our mutual signatures below, the Parties have agreed that: (i) Company will have no further obligations to make payments of money in the form of salary, bonus, or otherwise, benefit contributions, transfers of stock or other things of value (including, but not limited to, perquisites) except as provided in this Agreement; and (ii) the Company shall have no liability with respect to the termination of your employment except as expressly set forth herein.
(b) In exchange for the benefits set forth herein, you (for yourself, your heirs, assigns or executors) release and forever discharge the CompanyEmployer, any of its affiliates, successors, assigns, insurers or attorneys, and its and their directors, officers, agentscontractors, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise otherwise, whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through on or before the date this letter agreement becomes effective and enforceableSeparation Date, (“Claims”) of any kind, which relate in any way to your employment with the Company Employer or the termination of that employmentemployment (“Claims”), except (i) those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, Employer that by their terms are available to terminated employees; (iii) your rights to accrued, unused vacation vacation; and sick leave, (iv) your right to any indemnification by rights or claims that may arise after the Company pursuant to its articles of incorporation and bylaws, Separation Date.
(vc) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such The released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims that Employer has violated any statute, public policy or common law including, without limitation, claims for retaliatory discharge; negligent hiring, retention or supervision; defamation; intentional or negligent infliction of emotional distress and/or mental anguish; intentional interference with contract; negligence; detrimental reliance; loss of consortium to you or any member of your family and/or promissory estoppel. The release also includes any and all claims of employment discrimination under any local, state, state or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 19641964 and all of its amendments, as amended; the Civil Rights Act of 1991; , the Family Medical Leave Act, the Delaware or Virginia Discrimination Laws, the Virginia Fair Employment and Housing Act (as amended), the Employee Retirement Income Security Act, the Equal Pay Act, the Americans with Disabilities Act of 1990; , and, including any Claims of age discrimination under the Age Discrimination in Employment Act of 1967Act, as amended, or any Claims alleging any legal restriction on the Company’s right to terminate its employees, any Claims Employee has relating to Employee’s rights to or against any of the Company’s benefits plans, or personal injury Claims, including, without limitation, wrongful discharge, fraud, breach of contract, defamation, tortious interference with business expectancy or contract, intentional or negligent misrepresentation, constructive discharge, or infliction of emotional distress.
(bd) In signing this Release release, you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver release is an essential and material term of this letter agreement and Agreement and, without such waiver the Company release, Employer would not have made available to you the benefits provided the Severance Benefits described in paragraph 2for herein. You further agree that that, in the event you bring your own any Claim in which you seek damages against the CompanyEmployer, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfof its affiliates, successors, assigns, insurers or attorneys, and/or its and their directors, officers, contractors, agents and employees, this release shall serve as a complete defense to such Claims, and Employer will be (i) relieved of its obligations to make any continued payment under this Agreement or provide any of the benefits hereunder (except as required by law), and (ii) entitled to recover all payments previously made by Employer under this Agreement (except as prohibited by law). Excepted from this release are any claims which cannot be waived by law, including the right to file a charge with or participate in an investigation conducted by the Equal Employment Opportunity Commission (“EEOC”) and any claims for unemployment benefits under applicable state law. You are, however, waiving any right to a monetary recovery should the EEOC or any agency pursue any claim on your behalf.
(ce) By signing this letter agreementAgreement, you acknowledge that youthat:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) you have carefully read and fully understand all of the provisions of this letter agreementAgreement as well as the significance and consequences of this Agreement;
(iiiii) you knowingly and voluntarily agree to all of the terms set forth in this letter agreementAgreement;
(iviii) you knowingly and voluntarily agree to be legally bound by this letter agreementAgreement and acknowledge that you will sign this Agreement only after full reflection and analysis;
(viv) you have been advised and encouraged in writing (via this agreement) had an opportunity to consult with with, and are hereby advised to consult with, an attorney prior to signing this letter agreementAgreement;
(viv) understand you acknowledge that this letter agreementall compensation, including rights, and benefits including, without limitation, personal time off, sick pay, vacation pay, and leave as provided by the ReleaseFamily Medical Leave Act, shall not become effective and enforceable until the eighth day following execution of this letter agreementhave been paid and/or exercised in full without interference, and that at any time prior to the effective day no outstanding claims for compensation or benefits exist. If you can revoke this letter agreementAgreement in any manner, it will no longer be binding on you or Employer and you will not be entitled to any of the benefits set forth herein except for COBRA insurance continuation benefits as described above.
Appears in 1 contract
Samples: Separation of Employment and Release Agreement (Global Telecom & Technology, Inc.)
Release by You. (a) You (for yourselfIn consideration of the benefits set forth herein, and other good and valuable consideration that you agree you would not be entitled to without executing this Agreement, you have no claim against the Company and, you, on your own behalf and on behalf of your heirs, assigns or executors) , assigns, representatives, agents and attorneys (the “Xxxxxx Releasors”), hereby irrevocably generally release and forever discharge waive (give up) any and all complaints, grievances, claims, causes of action or the like that you had, now have or may have in the future against the Company, any of its affiliatesparent companies, subsidiaries, affiliates and affiliated funds, and its all of their respective past and their present officers, directors, officersprincipals, employees, representatives, agents, shareholders attorneys, successors and employees from any assigns, in their official and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through individual capacities (collectively the date this letter agreement becomes effective and enforceable, (“ClaimsCache Released Parties”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Companyincluding, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing languagebut not limited to, any and all claims matters relating to your employment and/or termination of employment discrimination under any local, state, or federal law or ordinancewith the Company, including, without limitationbut not limited to, any claims for employment discrimination on the basis of age, sex, race, religion, national origin, disability or any other protected class and any claims for wages, salary, bonuses or benefits of any kind or nature and any and all claims arising under any federal, state or local discrimination laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 1866, the Americans with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Family Medical Leave Act of 19671993, the Employee Retirement Income Security Act, the New York State Human Rights Law, the New York State Whistleblower Law, the New York State Labor Law, the New York State Worker Adjustment and Retraining Notification Act, the New York Civil Rights Law, the Administrative Code of the City of New York, the New York City Human Rights Law, all as amended.
(b) In signing this Release you acknowledge , and you, on behalf of the Xxxxxx Releasors, further release and waive any other claim or cause of action recognized in law or in equity that you intend that it had or now have against the Cache Released Parties occurring from the beginning of time through the date you execute this Agreement. Nothing in this Agreement shall be effective as a bar to each and every one of the Claims hereinabove mentioned affect your rights under this Agreement or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding under any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim benefit plans in which you seek damages against are vested. Notwithstanding the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfforegoing, this paragraph shall not extend to and will not release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge any claims that you:
have arisen or arise from (i) have been given twenty-one days after receipt the breach of this letter agreement within which to consider it;
Agreement, or (ii) have carefully read and fully understand all breaches of the provisions of this letter agreement;
(iii) knowingly representations and voluntarily agree to all of warranties contained in the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreementAsset Purchase Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cache Inc)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, investors, agents, shareholders and employees (the “Releasees”) from any and all claims, suits, demands, causes of action, contracts, including without limitation any employment or severance agreements or letter, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, enforceable (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or agreement, all claims for employee benefits, including without limitation under the Employment AgreementEmployee Retirement Income Security Act of 1974, (ii) as amended, and all claims related to your rights under the employee benefit 401(k), health insurance, dental insurance, long term disability, short term disability, life and AD&D insurance plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination discrimination, wrongful discharge or discharge in violation of public policy under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967 (“ADEA”); the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967Family and Medical Leave Act; the Illinois Human Rights Act; and any and all claims for unpaid bonuses or other compensation, as amendedunder any federal, state or local law or ordinance.
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You specifically waive any rights you may have pursuant to California Civil Code § 1542, which reads: “SECTION 1542. [CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES.] 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 RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided paid the Severance Benefits Settlement Amount described in paragraph 2. 3.
(c) You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(cd) By Notwithstanding any other provision of this letter agreement to the contrary, by signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of You agree that this letter agreement within which to consider it;
(ii) constitutes a knowing and voluntary waiver of all rights or claims you may have carefully read and fully understand all against any one or more of the provisions Releasees, including, but not limited to, all rights or claims arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), including, but not limited to all claims of age discrimination in employment and all claims of retaliation in violation of the ADEA from the beginning of time to the date you sign this letter agreement;
(iiiii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged The Company advises you in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(viiii) understand that You received this letter agreementon May 5, including 2006. You represent and warrant that the Release, shall not become effective and enforceable until the eighth day following execution Company gave you a period of forty-five (45) calendar days in which to consider this letter agreement, and that agreement before signing it. If you sign this letter agreement at any time prior to the effective end of the forty-five (45) day period that the Company gave you can in which to consider this letter agreement, the early signing was a knowing and voluntary waiver of your right to consider this letter agreement for forty-five (45) days, and was due to your belief that you had ample time in which to consider and understand this letter agreement, and in which to review this letter agreement with an attorney;
(iv) The Company and you agree that, for a period of eight (8) calendar days following your signing of this letter agreement, you have the right to revoke this letter agreement by written notice to Xx. Xxxxxxxx Xxxxx, Chief Financial Officer and interim President and Chief Executive Officer, Aksys Ltd., Xxx Xxxxxxxx Xxxxx Xxxxxxxxxxxx, XX 00000. The Company and you further agree that this letter agreement shall not become effective or enforceable until the revocation period of eight (8) calendar days has expired; and
(v) Your acceptance of the monies paid by the Company, as described in this letter agreement, at any time more than eight (8) calendar days after your signing of this letter agreement will constitute an admission by you that you did not revoke this letter agreement during the revocation period of eight (8) calendar days, and will further constitute an admission by you that this letter agreement has become effective and enforceable. This letter agreement will become effective eight (8) calendar days after it is signed by you (the “Effective Date”).
Appears in 1 contract
Samples: Severance Agreement (Aksys LTD)
Release by You. By our mutual signatures below, the Parties have agreed that: (i) Company will have no further obligations to make payments of money in the form of salary, bonus, or otherwise, benefit contributions, transfers of stock or other things of value (including, but not limited to, perquisites) except as provided in this Agreement; and (ii) the Company shall have no liability with respect to termination of your employment except as expressly set forth herein.
(a) You In exchange for the payments and benefits set forth herein, you (for yourself, your heirs, assigns or executors) release and forever discharge the CompanyEmployer, any of its affiliates, successors, assigns, insurers or attorneys, and its and their directors, officers, agentscontractors, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise otherwise, whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through on or before the date this letter agreement becomes effective and enforceableSeparation Date, (“Claims”) of any kind, which relate in any way to your employment with the Company Employer or the termination of that employment, including without limitation under your Employment Agreement dated March 10, 2014, as amended on October 17, 2019 and any other agreements with the Employer (“Claims”), except (i) those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, Employer that by their terms are available to terminated employees; (iii) your rights to accrued, unused vacation vacation; and sick leave, (iv) your right to any indemnification by rights or claims that may arise after the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment)Separation Date. Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims that Employer has violated any statute, public policy or common law (including, but not limited to, claims for retaliatory discharge; negligent hiring, retention or supervision; defamation; intentional or negligent infliction of emotional distress and/or mental anguish; intentional interference with contract; negligence; detrimental reliance; loss of consortium to you or any member of your family and/or promissory estoppel). The release also includes any and all claims of employment discrimination under any local, state, state or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 19641964 and all of its amendments, as amended; the Civil Rights Act of 1991; , the Family Medical Leave Act, the Delaware or Virginia Discrimination Laws, the Virginia Fair Employment and Housing Act (as amended), the Employee Retirement Income Security Act, the Equal Pay Act, the Americans with Disabilities Act of 1990; , and, including any Claims of age discrimination under the Age Discrimination in Employment Act of 1967Act, as amended, or any Claims alleging any legal restriction on the Company's right to terminate its employees, any Claims Employee has relating to Employee’s rights to or against any of the Company’s benefits plans, or personal injury Claims, including, without limitation, wrongful discharge, fraud, breach of contract, defamation, tortious interference with business expectancy or contract, intentional or negligent misrepresentation, constructive discharge, or infliction of emotional distress.
(b) In signing this Release release, you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver release is an essential and material term of this letter agreement Agreement and without such waiver the Company release, Employer would not have made available to you the benefits provided the Severance Benefits described in paragraph 2for herein. You further agree that that, in the event you bring your own any Claim in which you seek damages against the CompanyEmployer, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfof its affiliates, successors, assigns, insurers or attorneys, and/or its and their directors, officers, contractors, agents and employees, this release shall serve as a complete defense to such Claims, and Employer will be (i) relieved of its obligations to make continued payments under this Agreement and provide the benefits hereunder, and (ii) entitled to recover all payments previously made by Employer under this Agreement (except as prohibited by law). Excepted from this release are any claims which cannot be waived by law, including the right to file a charge with or participate in an investigation conducted by any government agency and any claims for unemployment benefits under applicable state law. You are, however, waiving any right to a monetary recovery should any government agency pursue any claim on your behalf.
(c) By signing this letter agreementAgreement, you acknowledge that youthat:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) you have carefully read and fully understand all of the provisions of this letter agreementAgreement as well as the significance and consequences of this Agreement;
(iiiii) you knowingly and voluntarily agree to all of the terms set forth in this letter agreementAgreement;
(iviii) you knowingly and voluntarily agree to be legally bound by this letter agreementAgreement and acknowledge that you will sign this Agreement only after full reflection and analysis;
(viv) you have been advised and encouraged in writing (via this agreement) had an opportunity to consult with with, and are hereby advised to consult with, an attorney prior to signing this letter agreementAgreement;
(viv) understand you acknowledge that this letter agreementall compensation, including rights, and benefits including, without limitation, personal time off, sick pay, vacation pay, and leave as provided by the ReleaseFamily Medical Leave Act, shall not become effective and enforceable until the eighth day following execution of this letter agreementhave been paid and/or exercised in full without interference, and that at any time no outstanding claims for compensation or benefits exist once outstanding current PTO balances, subject to the Company’s carryover restrictions, and expenses incurred prior to the effective day your Separation Date have been paid. If you can revoke this letter agreementAgreement in any manner, it will no longer be binding on you or Employer and you will not be entitled to any of the benefits set forth herein.
Appears in 1 contract
Samples: Separation of Employment and Release Agreement (GTT Communications, Inc.)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the each Company, any of its affiliatesAffiliates (as defined below), successor and assigns, and its and each of their respective directors, officers, members, agents, shareholders shareholders, employees attorneys and employees representatives (collectively, the “Company Entities”) from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, including, without limitation, those Claims which relate in any way to your employment with the any Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the any Company, (iii) your rights to accrued, unused vacation and sick leavePTO, (iv) your right to any indemnification by the any Company pursuant to its articles of incorporation and or organization, bylaws, operating agreement or limited liability company agreement, (v) your rights to coverage under the any Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder or member of the any Company (to the extent you continue to own capital stock of the shares or membership interests in any Company following the execution of this Agreement), and (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the any Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 19671967 (“ADEA”), as amendedamended (which prohibits discrimination in employment based on age); Older Workers Benefit Protection Act of 1990 (“OWBPA”) (which also prohibits discrimination in employment based on age).
(b) In signing this Release letter agreement you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company Companies would not have provided the Severance Benefits described in paragraph Section 2. You further agree that in the event you bring your own Claim in which you seek damages against the any Company, or in the event you seek to recover against the any Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this letter agreement) to consult with an attorney prior to signing this letter agreement;; and
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement by delivering written notice of such revocation to ___________ no later than the seventh day after your execution of this letter agreement...
Appears in 1 contract
Release by You. (a) You (for yourselfIn consideration of the benefits set forth herein, and other good and valuable consideration that you agree you would not be entitled to without executing this Agreement, you have no claim against the Company and you, on your own behalf and on behalf of your heirs, assigns or executors, assigns, representatives, agents, and attorneys (the “Xxxxxx Releasors”) hereby irrevocably generally release and forever discharge waive (give up) any and all complaints, grievances, claims, causes of action or the like that you had, now have or may have in the future against the Company, any of its affiliatesparent companies, subsidiaries, affiliates and affiliated funds, and its all of their respective past and their present officers, directors, officersprincipals, employees, representatives, agents, shareholders attorneys, successors and employees from any assigns, in their official and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through individual capacities (collectively the date this letter agreement becomes effective and enforceable, (“ClaimsCache Released Parties”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Companyincluding, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing languagebut not limited to, any and all claims matters relating to your employment and/or termination of employment discrimination under any local, state, or federal law or ordinancewith the Company, including, without limitationbut not limited to, any claims for employment discrimination on the basis of age, sex, race, religion, national origin, disability or any other protected class and any claims for wages, salary, bonuses or benefits of any kind or nature and any and all claims arising under any federal, state or local discrimination laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 1866, the Americans with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Family Medical Leave Act of 19671993, the Employee Retirement Income Security Act, the New York State Human Rights Law, the New York State Whistleblower Law, the New York State Labor Law, the New York State Worker Adjustment and Retraining Notification Act, the New York Civil Rights Law, the Administrative Code of the City of New York, the New York City Human Rights Law, all as amended.
(b) In signing this Release you acknowledge , and you, on behalf of the Xxxxxx Releasors, further release and waive any other claim or cause of action recognized in law or in equity that you intend that it had or now have against the Cache Released Parties occurring from the beginning of time through the date you execute this Agreement. Nothing in this Agreement shall be effective as a bar to each and every one of the Claims hereinabove mentioned affect your rights under this Agreement or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding under any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim benefit plans in which you seek damages against are vested. Notwithstanding the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfforegoing, this paragraph shall not extend to and will not release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge any claims that you:
have arisen or arise from (i) have been given twenty-one days after receipt the breach of this letter agreement within which to consider it;
Agreement, or (ii) have carefully read and fully understand all breaches of the provisions of this letter agreement;
(iii) knowingly representations and voluntarily agree to all of warranties contained in the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreementAsset Purchase Agreement.
Appears in 1 contract
Samples: Termination Agreement (Cache Inc)
Release by You. (a) Except as otherwise provided in this Section 5, You (for yourself, your heirs, assigns or executors) hereby release and forever discharge the CompanyBSC and its subsidiaries, any of its affiliates, successors, and its assigns and their directorsthe Directors, officers, agentsshareholders, shareholders employees, representatives and employees agents of each of the foregoing (collectively "Releasees") of and from any the following up to and as of the date of execution of this Agreement:
(a) Any and all claims, suits, demands, causes and liabilities whatsoever of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or every name and nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except other than those arising directly out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), including (viiwithout limitation) your rights those with respect to stock options Your employment or other similar equity-based incentives granted to you by the Companyterms and conditions or termination of his employment, benefits or compensation which You have against Releasees, or ever had;
(b) As included in the above, without limitation, all claims known or which reasonably could have been known for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims for retaliation, and all claims for attorneys' fees, as determined under related to Your employment by BSC, or the applicable plans terms and award agreements (to the extent such rights survive a conditions or termination of his employment). Such released claims include, without in any way limiting the generality of the foregoing languagebenefits, or compensation; and
(c) You specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination under any localdiscrimination, state, or federal law or ordinance, including, including (without limitation) discrimination on the basis of race, Title VII of color, sex, age (including any claim pursuant to the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Federal Age Discrimination in Employment Act of 1967, as amended.
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated ClaimsAct), if anyreligion, as well as those relating to any other Claims hereinabove mentioned disability or impliednational origin. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree BSC agrees that in the event you bring your own Claim that the Releasees initiate litigation, arbitration, mediation or otherwise assert legal or equitable claims against You, then notwithstanding the releases provided for in which you seek damages this Section 5 and the representations made in Section 6 hereof, You may assert as counterclaims, crossclaims or set-offs against Releasees any and all claims You may have against Releasees, including any claims that otherwise were released by this Section 5 and further including any such claims that as of the CompanyTermination Date would not have been barred by applicable statutes of limitation, or provided Your right to make such assertions shall not be triggered in the event you seek to recover against the Company BSC seeks repayment of indemnification payments in any Claim brought by a governmental agency on your behalf, accordance with Delaware General Corporation Law or enforcement of Your obligations under this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you Agreement. You acknowledge that you:
(i) You have been given the opportunity, if You so desires, to consider this Agreement for twenty-one (21) days after receipt of this letter agreement before executing it. In the event that You execute the Agreement within which to consider it;
less than twenty-one (ii21) have carefully read and fully understand all days of the provisions date of this letter agreement;
(iii) knowingly and voluntarily agree its delivery to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand You, You acknowledge that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, such decision was entirely voluntary and that at any time prior to the effective day you can revoke this letter agreement.You had the
Appears in 1 contract
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Amended Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Release by You. (a) You (for yourselfIn consideration of the fulfillment of the payments and benefits described above, your heirsyou release, assigns or executors) release remise and forever discharge the Company, any of its affiliates, Company from and its and their directors, officers, agents, shareholders and employees from against any and all claims, suitscross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, extents, executions, causes of action, contractssuits, accounts, covenants, obligationssums of money, debtsdues, costsreckonings, expensesbonds, attorneys’ feesbills, liabilities liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, and all other claims of whatever every kind or and nature in law or law, equity, by statute arbitration, or otherwise other forum which you now have or ever had up to and including the date hereof, whether now absolute or contingent, direct or indirect, known or unknown. Additionally, vested you hereby waive and release the Company from any and all claims which you have, your successors or contingent, suspected or unsuspected, and whether or not concealed or hidden, which assigns have existed or may have existedagainst the Company for, upon or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) by reason of any kindmatter, which relate cause or thing whatsoever, including, but not limited to (a) those that might arise in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights capacity as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreementboth individually and derivatively), or (viib) in any way related to your rights with respect to stock options employment or other similar equity-based incentives granted to you termination of your employment by the Company, as determined under whether or not you know them to exist at the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinancepresent time, including, without limitationbut not limited to, rights under federal, state or local laws prohibiting age or other forms of discrimination, including Title VII of the Civil Rights Act of 1964, as amended; Section 1981 through 1988 of Title 42 of the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990United States Code; the Age Discrimination in Employment Act of 1967, as amended.
(b) In signing ; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act, the Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the National Labor Relations Act, as amended; the Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; any public policy, contract or common law; and any alleged entitlement to costs, fees or expenses, including attorneys' fees, claims for compensation or benefits earned by your past service, claims involving willful misconduct, and claims arising after the date of this Release you acknowledge that you intend that it Agreement. Notwithstanding the foregoing, nothing herein shall be effective deemed to release, remise or discharge the Company from any claims arising out of, relating to or asserted (x) under this Agreement, (y) with respect to any right of indemnification as a bar to each and every one director, officer or employee of the Claims hereinabove mentioned Company, whether arising under the Company's charter or implied. You expressly consent that this letter agreement shall be given full force and effect according by-laws, by operation of law, or otherwise or (z) with respect to each and all your capacity as a shareholder of its express terms and provisionsthe Company as described in (a) above, including those relating to unknown and unsuspected Claims the extent your claim is brought as a member (notwithstanding any state statute that expressly limits the effectiveness but not as a class representative) of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described class in paragraph 2. You further agree that in the event you bring your own Claim a class action suit in which you seek damages against take no active part and is based solely upon actions (or alleged actions) of the Company, its employees or in directors occurring after February 6, 1998. For purposes solely of this Section 9, the event you seek term "Company" shall be deemed to recover against include the Company's subsidiaries and affiliates and the respective legal representatives, successors and assigns, past, present and future directors, officers, employees, trustees and shareholders of the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claimsand the Company's subsidiaries and affiliates.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Samples: Retirement Agreement (Pittston Co)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, including those which relate in any way to your employment with the Company or the termination of that employment, except for those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, Company (iiiincluding your rights under COBRA and your 401(k) plan) and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any localallegations, stateclaims, or federal law or ordinanceviolations, including, without limitation, arising under: Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Equal Pay Act of 1963, as amended; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; any applicable Executive Order Programs; the Fair Labor Standards Act, as amended; or their state or local counterparts (including the Illinois Human Rights Act, as amended); or under any other federal, state or local civil or human rights law; or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract, or tort, or under common law; or arising under any policies, practices, or procedures of the Company; or arising out of any contract or agreement with the Company (other than under this Agreement); or any claim for wrongful discharge, breach of contract, infliction of emotional distress, or defamation; or any claim for costs, fees, or other expenses, including attorneys' fees incurred in these matters; PROVIDED that such released Claims specifically exclude any claims under the Age Discrimination in Employment Act of 1967, as amendedamended (including the Older Workers Benefit Protection Act).
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims. You further agree that you are not aware of any pending charge or complaint against the Company of the type described in paragraph 3A(a) as of the execution of this Release.
(c) In signing this Release, you represent that you have made no assignment or transfer of any right, claim, demand, cause of action, or other matter covered by paragraph 3A(a) above.
(d) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii1) have carefully read and fully understand all of the provisions of this letter agreement, and understand that you will be giving up important rights (including, without limitation, rights under the Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; and the Employee Retirement Income Security Act of 1974, as amended);
(iii2) knowingly and voluntarily agree with and consent to all of the terms set forth in this letter agreement;
(iv) , and knowingly and voluntarily agree to be legally bound by this letter agreement;; and
(v3) have been advised and encouraged in writing (via this agreement) by the Company to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior you have either done so or, after careful reading and consideration, have chosen not to the effective day you can revoke this letter agreementof your own volition.
Appears in 1 contract
Release by You. (a) 1. You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, (iii) Company and your rights to accrued, unused amount in the Timebank system (for vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.
(b) 2. In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release Release shall serve as a complete defense to such Claims.
(c) 3. By signing this letter agreement, you acknowledge that you:
(i) 1. have been given twenty[forty-one five] days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Samples: Employment Agreement (Sensata Technologies Holding N.V.)
Release by You. (a) a. You (for yourselfself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, suits demands, causes of action, contracts, covenants, covenants obligations, debts, costs, expenses, attorneys’ attorney’s fees, liabilities of whatever kind or nature in law or equity, by statute statue or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, enforceable (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, employment except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment)agreement. Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, state or federal law or ordinance, including, including without limitation, Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; 1990l and the Age Discrimination in Employment Act of 1967, as amended. You further acknowledge that except as set forth in this letter agreement, you are not entitled to any other salary, bonus, severance, reimbursement of any kind, benefit or expectation of remuneration or other monies from the Company or any of its affiliates.
(b) b. In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided make the Severance Benefits Payments described in paragraph 2one and four. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) c. By signing this letter agreement, you acknowledge that you:
(i) i. have been given twenty-one thirty days after receipt of this letter agreement within which to consider it;
(ii) . have carefully read and fully understand all of the provisions of this letter agreement;
(iii) . knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) . knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) v. have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) . understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement;
vii. understand you may revoke this Letter Agreement within seven (7) days by providing written notice to Xxxxxxx X. Xxxxxx, 000 Xxxx Xxxxx Xxxxxx, Fort Xxxxx, Indiana 46802.
Appears in 1 contract
Release by You. (a) You (for yourselfIn consideration of the fulfillment of the payments and benefits described above, your heirsyou release, assigns or executors) release remise and forever discharge the Company, any of its affiliates, Company from and its and their directors, officers, agents, shareholders and employees from against any and all claims, suitscross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, executions, causes of action, contractssuits, accounts, covenants, obligationssums of money, debtsdues, costsreckonings, expensesbonds, attorneys’ feesbills, liabilities liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, and all other claims of whatever every kind or and nature in law or law, equity, by statute arbitration, or otherwise other forum which you now have or ever had up to and including the date hereof, whether now absolute or contingent, direct or indirect, known or unknown. Additionally, vested you hereby waive and release the Company from any and all claims which you have, your successors or contingent, suspected or unsuspected, and whether or not concealed or hidden, which assigns have existed or may have existedagainst the Company for, upon or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) by reason of any kindmatter, which relate cause or thing whatsoever, including, but not limited to (a) those that might arise in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights capacity as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreementboth individually and derivatively), or (viib) in any way related to your rights with respect to stock options employment or other similar equity-based incentives granted to you termination of your employment by the Company, as determined under whether or not you know them to exist at the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinancepresent time, including, without limitationbut not limited to, rights under federal, state or local laws prohibiting age or other forms of discrimination, including Title VII of the Civil Rights Act of 1964, as amended; Section 1981 through 1988 of Title 42 of the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990United States Code; the Age Discrimination in Employment Act of 1967, as amended.
(b) In signing ; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act, the Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the National Labor Relations Act, as amended; the Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; any public policy, contract or common law; and any alleged entitlement to costs, fees or expenses, including attorneys' fees, claims for compensation or benefits earned by your past service, claims involving willful misconduct, and claims arising after the date of this Release you acknowledge that you intend that it Agreement. Notwithstanding the foregoing, nothing herein shall be effective deemed to release, remise or discharge the Company from any claims arising out of, relating to or asserted (x) under this Agreement or (y) with respect to any right of indemnification as a bar to each and every one director, officer or employee of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, whether arising under the Company's charter or in by-laws, by operation of law, or otherwise. For purposes solely of this Section 6, the event you seek term "Company" shall be deemed to recover against include the Company's subsidiaries and affiliates and the respective legal representatives, successors and assigns, past, present and future directors, officers, employees, trustees and shareholders of the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claimsand the Company's subsidiaries and affiliates.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Samples: Retirement Agreement (Pittston Co)
Release by You. (a) 1. You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, (iii) Company and your rights to accrued, unused amount in the Timebank system (for vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.
(b) 2. In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement Release and without such waiver the Company would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release Release shall serve as a complete defense to such Claims.
(c) 3. By signing this letter agreement, you acknowledge that you:
(i) 1. have been given twenty[forty-one five] days after receipt of this letter agreement within which to consider it;
(ii) 2. have carefully read and fully understand all of the provisions of this letter agreement;
(iii) 3. knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) 4. knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) 5. have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) 6. understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Samples: Employment Agreement (Sensata Technologies Holding N.V.)
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.
(b) In signing this Release you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. You acknowledge and agree that this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreement, you acknowledge that you:
(i) have been given twenty-one days after receipt of this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreement.
Appears in 1 contract
Release by You. (a) You (In consideration of Ambient’s execution of this Agreement and of the payments and benefits provided for yourselfabove, which you acknowledge is adequate consideration, on behalf of yourself and your representatives, heirs, assigns or executors) release , administrators, agents, successors and assigns, you hereby irrevocably and unconditionally waive, release, and forever discharge the Companyand covenant not to xxx Ambient its respective past and present parents, any of its subsidiaries, affiliates, and its divisions, and each of their respective past and present officers, directors, officersmembers, managers, partners, stockholders, agents, shareholders employees, representatives, predecessors, successors and employees assigns, in each of their individual, corporate, and other capacities (collectively with Ambient, the “Releasees”), from any and all claims, suits, demands, liabilities and causes of actionaction of any kind which you ever had, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind now have or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or hereafter may have existed, against Ambient or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) any Releasee by reason of any kindmatter, which relate in cause or thing whatsoever occurring on or at any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (time prior to the extent you continue to own capital stock of the Company following the full execution of this Agreement), (vii) your rights with respect to stock options whether known or other similar equity-based incentives granted unknown to you by and including, but not limited to, all claims arising out of any matters or things relating to any services you provided to any Releasee, based upon any contract, whether express or implied, oral or written, tort or public policy, claim for costs, fees or expenses, including but not limited to, your employment contract with the Company, or any allegation of illegal employment practices, defamation or breach of any federal, state or local fair employment practice, equal opportunity law or wage and hour law, as determined amended, including but not limited to the Age Discrimination of Employment Act of 1967; National Labor Relations Act; Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of Title 42 of the United States Code; the Employee Retirement Income Security Act of 1974; the Immigration Reform and Control Act; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Fair Credit Reporting Act; the Consolidated Omnibus Budget Reconciliation Act; and The Sarbanes Oxley Act. Notwithstanding the foregoing, your release of the Company does not include and will not preclude: (a) non-termination related claims under the Massachusetts Workers Compensation Act (M.G.L. c. 152) or any disability insurance policy/plan; (b) rights to vested benefits under any applicable plans retirement and/or pension plans; (c) non-termination related claims under the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.); (d) rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); (e) claims for unemployment compensation; (f) any rights you may have to obtain contribution as permitted by law in the event of entry of judgment against the Company as a result of any act or failure to act for which you and award agreements the Company are held jointly liable; (g) any rights you may have pursuant to the extent such Company’s insurance coverage for directors and officers; (h) any rights survive to you may have for indemnification and/or defense pursuant to the Company’s By-Laws, insurance policies, and/or applicable law; and/or (i) you from filing a termination charge with the Equal Employment Opportunity Commission concerning claims of employment). Such released claims includediscrimination, without although you specifically waive your right to recover any damages or other relief in any way limiting claim or suit brought by or through the generality of the foregoing language, Equal Employment Opportunity Commission or any and all claims of employment discrimination other state or local agency on your behalf under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; the Americans American with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act of 1967Act, as amended.
(b) In signing this Release you acknowledge the Connecticut Fair Employment Practices Act, or any other federal or state discrimination law, except where prohibited by law. You covenant and agree that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned will not assert any claim or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding initiate any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating legal or other action against any Releasee with respect to any other Claims hereinabove mentioned or impliedmatter covered by the foregoing release. You acknowledge and agree that if you or any of your representatives, heirs, executors or administrators should hereafter make against any Releasee any claim or demand or commence or threaten to commence any action, claim or proceeding otherwise prohibited by this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfAgreement, this release shall serve Section may be raised as a complete defense bar to any such Claims.
(c) By signing action, claim or proceeding. Unless prohibited by law, the applicable Releasee may recover from you all costs incurred in connection with such action, claim or proceeding, including attorneys’ fees if it is determined that any such action, claim or proceedings is prohibited by this letter agreementAgreement. Nothing herein is intended to prevent you from enforcing this Agreement. You acknowledge that certain states provide that a general release of claims does not extend to claims which the person executing the release does not know or suspect to exist in his/her favor at the time of executing the release which, if known, may have materially affected his/her entering into this Agreement. Being aware that such statutory protection may be available to you, you acknowledge that you:
(i) have been given twenty-one days after receipt of expressly, voluntarily and knowingly waive any arguable benefit or protection from any such statute in executing this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreementAgreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreementknown or unknown.
Appears in 1 contract
Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the CompanyExchange, any of its affiliates, and its and their directors, officers, agentsmembers, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ attorney's fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement Agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company Exchange or the termination of that employment, except those arising out of (i) the 000 X. Xxxxxxx Blvd. Chicago, Illinois 60604-2994 000 000-0000 performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) Exchange and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended; or the Illinois Human Rights Act.
(b) In signing this Release Agreement you acknowledge that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove herein above mentioned or implied. You expressly consent that this letter agreement Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove herein above mentioned or implied. You acknowledge and agree that this waiver release is an essential and material term of this letter agreement Agreement and without such waiver release the Company Exchange would not have provided made the Severance Benefits Payments described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the CompanyExchange or any other released party, or in the event you seek to recover against the Company Exchange or any other released party in any Claim brought by a governmental agency on your behalf, this release shall serve as a complete defense to such Claims.
(c) By signing this letter agreementAgreement, you acknowledge that you:
(i1) have been given twenty-one days after receipt of this letter agreement Agreement within which to consider it;
(ii2) have carefully read and fully understand all of the provisions of this letter agreementAgreement;
(iii3) knowingly and voluntarily agree to all of the terms set forth in this letter agreementAgreement;
(iv4) knowingly and voluntarily agree to be legally bound by this letter agreementAgreement;
(v5) have been advised and encouraged in writing (via this agreementAgreement) to consult with an attorney prior to signing this letter agreementAgreement;
(vi6) understand that this letter agreementAgreement, including without limitation the Releaserelease provisions, shall not become effective and enforceable until the eighth day following execution of this letter agreementAgreement by you, and that at any time prior to the effective day you can revoke this letter agreementAgreement.
Appears in 1 contract
Samples: Separation Agreement (Board of Trade of the City of Chicago Inc)
Release by You. (a) You (In consideration of Ambient’s execution of this Agreement and of the payments and benefits provided for yourselfabove, which you acknowledge is adequate consideration, on behalf of yourself and your representatives, heirs, assigns or executors) release , administrators, agents, successors and assigns, you hereby irrevocably and unconditionally waive, release, and forever discharge the Companyand covenant not to xxx Ambient its respective past and present parents, any of its subsidiaries, affiliates, and its divisions, and each of their respective past and present officers, directors, officersmembers, managers, partners, stockholders, agents, shareholders employees, representatives, predecessors, successors and employees assigns, in each of their individual, corporate, and other capacities (collectively with Ambient, the “Releasees”), from any and all claims, suits, demands, liabilities and causes of actionaction of any kind which you ever had, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind now have or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or hereafter may have existed, against Ambient or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) any Releasee by reason of any kindmatter, which relate in cause or thing whatsoever occurring on or at any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (time prior to the extent you continue to own capital stock of the Company following the full execution of this Agreement), (vii) your rights with respect to stock options whether known or other similar equity-based incentives granted unknown to you by the Companyand including, but not limited to, all claims arising out of any matters or things relating to any services you provided to any Releasee, based upon any contract, whether express or implied, oral or written, tort or public policy, claim for costs, fees or expenses, or any allegation of illegal employment practices, defamation or breach of any federal, state or local fair employment practice, equal opportunity law or wage and hour law, as determined under the applicable plans and award agreements (amended, including but not limited to the extent such rights survive a termination Age Discrimination of employment). Such released claims includeEmployment Act of 1967, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code; the Civil Rights Employee Retirement Income Security Act of 19911974; the Immigration Reform and Control Act; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Family and Medical Leave Act of 19671993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Fair Credit Reporting Act; and the Consolidated Omnibus Budget Reconciliation Act. Notwithstanding the foregoing, as amended.
your release of the Company does not include and will not preclude: (a) non-termination related claims under the Massachusetts Workers Compensation Act (M.G.L. c. 152) or any disability insurance policy/plan; (b) In signing this Release rights to vested benefits under any applicable retirement and/or pension plans; (c) non-termination related claims under the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.); (d) rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); (e) claims for unemployment compensation; (f) any rights you acknowledge may have to obtain contribution as permitted by law in the event of entry of judgment against the Company as a result of any act or failure to act for which you and the Company are held jointly liable; and/or (i) any rights you may have pursuant to the Company’s insurance coverage for directors and officers. You covenant and agree that you intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned will not assert any claim or implied. You expressly consent that this letter agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding initiate any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating legal or other action against any Releasee with respect to any other Claims hereinabove mentioned or impliedmatter covered by the foregoing release. You acknowledge and agree that if you or any of your representatives, heirs, executors or administrators should hereafter make against any Releasee any claim or demand or commence or threaten to commence any action, claim or proceeding otherwise prohibited by this waiver is an essential and material term of this letter agreement and without such waiver the Company would not have provided the Severance Benefits described in paragraph 2. You further agree that in the event you bring your own Claim in which you seek damages against the Company, or in the event you seek to recover against the Company in any Claim brought by a governmental agency on your behalfAgreement, this release shall serve Section may be raised as a complete defense bar to any such Claims.
(c) By signing action, claim or proceeding. Unless prohibited by law, the applicable Releasee may recover from you all costs incurred in connection with such action, claim or proceeding, including attorneys’ fees if it is determined that any such action, claim or proceedings is prohibited by this letter agreementAgreement. Nothing herein is intended to prevent you from enforcing this Agreement. You acknowledge that certain states provide that a general release of claims does not extend to claims which the person executing the release does not know or suspect to exist in his/her favor at the time of executing the release which, if known, may have materially affected his/her entering into this Agreement. Being aware that such statutory protection may be available to you, you acknowledge that you:
(i) have been given twenty-one days after receipt of expressly, voluntarily and knowingly waive any arguable benefit or protection from any such statute in executing this letter agreement within which to consider it;
(ii) have carefully read and fully understand all of the provisions of this letter agreement;
(iii) knowingly and voluntarily agree to all of the terms set forth in this letter agreement;
(iv) knowingly and voluntarily agree to be legally bound by this letter agreement;
(v) have been advised and encouraged in writing (via this agreement) to consult with an attorney prior to signing this letter agreement;
(vi) understand that this letter agreementAgreement, including the Release, shall not become effective and enforceable until the eighth day following execution of this letter agreement, and that at any time prior to the effective day you can revoke this letter agreementknown or unknown.
Appears in 1 contract
