Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Law; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 7 contracts
Samples: Employment Agreement (Katapult Holdings, Inc.), Employment Agreement (Katapult Holdings, Inc.), Employment Agreement (Katapult Holdings, Inc.)
Release of All Claims. Except as otherwise set forth in (a) As a material inducement to the Bank to enter into this AgreementRelease, you Executive irrevocably and unconditionally agrees to and does hereby release, acquit acquit, and forever discharge the ParentBank, the Company Bank’s affiliates and each and all of its or their affiliatesowners, shareholders, directors, officers, agentsemployees, administratorsformer employees, servants, employeesrepresentatives, attorneys, successors, parent, subsidiaries, assignsagents, and affiliates all persons acting by, through, under or in concert with any of them (herein jointly and individually called the “Released Party” or “Released Parties”), of and from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, expenseslosses, attorneys’ fees, damages, indemnitiesdebts, and obligations expenses (including attorneys fees and legal expenses), of every kind and natureany nature whatsoever, in lawwhether known or unknown (hereinafter collectively referred to as “Claim” or “Claims”), equitywhich Executive now has or may hereafter have against any Released Party by reason of any matter, act, omission, cause, or otherwiseevent that has occurred up to the present date, known including, without limitation, any and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of all claims related or in any way related manner incidental to agreementsExecutive’s employment with the Bank, eventsthe cessation of his employment with the Bank, actsthe Employment Agreement, omissionsand/or the termination of the Employment Agreement, provided that the foregoing release shall not release any benefits under COBRA for post termination benefits (subject to Executive’s proper election and payment for any such benefit, as applicable) or conduct at any time prior to payments or benefits expressly payable under this Release.
(b) The general waiver and including the date you sign this Agreement. This general release set forth in Section 5(a) includes, but is not limited to: (i) claims and demands arising out , all Claims under Title VII of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Civil Rights Act of 1991, as amended; the Equal Pay Act of 1963, as amended; the American’s With Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Executive Retirement Income Security Act of 1974, as amended, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment Retraining and New York Notification Act, as amended; the Fair Labor LawStandards Act, New York City Human Rights Law, and the New York Human Rights Lawas amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policyany applicable Executive Order Programs; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan any other applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, laws; or any other federal, state, or local law, rule, public policy, or regulation; and/or the common law, including but not limited to any claims relating to any and all agreements, contracts, arrangements and understandings (whether employment-related or otherwise). Without limiting the general waiver and release set forth in Section 5(a), Executive also agrees to release the Bank and the Released Parties from any and all Claims under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., (including any alleged harassment, retaliation, or discrimination on the basis of age or other violation thereof), or comparable state or local administrative agency your behalf law. Without limiting the general waiver and release set forth in Section 5(a), Executive also agrees to release the Bank and the Released Parties from any and all Claims Executive may have for wrongful discharge, breach of contract, infliction of emotional distress or defamation; relating to or arising out of any agreement or related understanding between Executive and the Bank; and/or arising under any policies, practices or procedures of the Bank.
(c) It is the intent of Executive to your release all claims of every nature and kind, whether known or unknown, accrued or unclaimed, which Executive may have against the Bank or any other released person or entity as of the date of the execution of this Release, and under the Age Discrimination in Employment Act (subject to the applicable consideration period and revocation right), as set forth therein. Executive agrees that his release shall apply to all claims and causes of action against any Released Party, whether actual or potential, known or unknown, suspected or unsuspected, or foreseen or unforeseen.
(d) Executive expressly acknowledges, agrees and stipulates with the Bank that this Release may be pled by the Bank or any other released person or entity as a complete defense and will fully and finally bar any such known or unknown claim or claims of Executive based on any matter, act, omission, cause, or event occurring up to the date of this Release.
(e) Executive represents and warrants that if a class action lawsuit is filed against the Bank in the future relating to any form of employment with and/or separation from discrimination and Executive is arguably a member of the Companyclass of plaintiffs, Executive hereby “opts out” of any class, and agrees that the class representative(s), if any, cannot pursue claims on his behalf.
Appears in 5 contracts
Samples: Employment Agreement (Xenith Bankshares, Inc.), Employment Agreement (Xenith Bankshares, Inc.), Employment Agreement (Xenith Bankshares, Inc.)
Release of All Claims. Except The term “Releasee” or “Releasees” shall be construed as otherwise set forth in this Agreementbroadly as possible and includes: the Company, you hereby releaseparent companies, acquit subsidiaries, divisions, successors, and forever discharge the Parentaffiliates, the Company and as to each of them, their affiliatesformer or current agents, joint venture members, stockholders, directors, officers, agents, administrators, servants, employees, attorneysand all other persons acting by, successorsthrough, parentunder or in concert with any of them. In exchange for the Company’s consideration, subsidiaries, assigns, Executive fully releases and affiliates (discharges the “Released Party” or “Released Parties”), of and Releasees from any and all claims, liabilities, demands, actions and causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations action of every kind and nature, in law, equity, or otherwiseany kind, known and or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of which Executive may presently have or in claim to have against any way related to agreements, events, acts, omissions, Releasee based on acts or conduct at any time prior to and including omissions occurring on or before the date you sign on which Executive signs this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action Agreement including, but not limited to, all contract claims; all wrongful discharge or employment claims; all tort claims; all claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal United States or any state’s constitution; all claims under Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990Equal Pay Act, as amended; the federal Age Discrimination in Employment Act of 1967Act, as amended (the “ADEA”); the federal Older Workers Benefit Protection Act, Rehabilitation Act, Americans with Disabilities Act, Family and Medical Leave Act, as amended; the federal Fair Labor Standards Act, Fair Credit Reporting Act, Worker Adjustment Retraining and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974Sxxxxxxx-Xxxxx Act, as amended; Immigration Reform and New York Control Act, Occupational Safety and Health Act, National Labor LawRelations Act, New York City Human Rights LawColorado Wage Payment Act, and the New York Human Rights LawColorado Anti-Discrimination Act; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other civil rights or employment laws or regulations (whether federal, state or local administrative agency your behalf arising out of local); any federal or related state whistleblower laws or statutes; any claims based on Company policies or agreements, including severance policies or agreements to your employment with and/or separation from the Companyprovide notice; any claims for short-term or long-term incentive compensation or other benefits; and all claims to attorneys’ fees or costs.
Appears in 2 contracts
Samples: Employment Agreement (Scotts Liquid Gold Inc), Employment Agreement (Scotts Liquid Gold Inc)
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act, the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, this Release does Executive represents and warrants that Executive has not prohibit you from engaging previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 2 contracts
Samples: Separation Agreement (Comscore, Inc.), Separation Agreement (Comscore, Inc.)
Release of All Claims. Except The term “Releasee” or “Releasees” shall be construed as otherwise set forth in this Agreement, you hereby release, acquit broadly as possible and forever discharge the Parent, includes: the Company and each of the Company’s divisions, subsidiaries, owner companies, successors and affiliates, and their affiliatesformer or current agents, joint venture members, stockholders, directors, officers, agents, administrators, servants, employees, attorneysand all other persons acting by, successorsthrough, parentunder or in concert with any of them. In exchange for the Company’s consideration, subsidiaries, assigns, Employee fully releases and affiliates (discharges the “Released Party” or “Released Parties”), of and Releasees from any and all claims, liabilities, demands, actions and causes of actionaction of any kind, costsknown or unknown, expenseswhich Employee may presently have or claim to have against any Releasee including, but not limited to, all contract claims; all wrongful discharge or employment claims; all tort claims; all claims arising under the United States or any state constitution; all claims arising under any civil rights or employment laws or regulations (whether federal, state or local); any federal or state whistleblower laws or statutes; any claims based on Company policies or agreements, including severance policies or agreements to provide notice; and any claims to attorneys’ feesfees or costs. Without limiting the foregoing, damages, indemnities, the waiver and obligations release of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release claims includes, but is not limited to: (i) , all claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Equal Pay Act, Employee Retirement Income Security Act, Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), Rehabilitation Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family and Medical Leave Act, as amended; the federal Fair Labor Standards Act, Fair Credit Reporting Act, Worker Adjustment Retraining and Retraining Notification Act, as amended; Xxxxxxxx-Xxxxx Act, Immigration Reform and Control Act, Occupational Safety and Health Act, the Employee Retirement Income Security Act of 1974, as amended; and New York National Labor Law, New York City Human Rights LawRelations Act, and the New York Human Rights Law; Colorado Wage Payment Act (iv) all tort claimsand any other state wage payment law). Notwithstanding the foregoing, including without limitation, Employee does not waive or release workers’ compensation claims or claims for fraudunemployment benefits. Employee agrees that while nothing in this Agreement shall limit Employee’s right to file a future charge with any federal, defamationstate, emotional distressor local governmental agency relating to Employee’s employment with Company and/or participate in a future action relating to such employment, whether brought by an agency or by another on Employee’s behalf, Employee expressly waives by this Agreement the right to recover monetary damages and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment any other relief from Company personal to Employee if such charge or lawsuit is pursued. By entering into this Agreement, sales commission plan Employee is not waiving any rights or incentive compensation plan applicable to your employment with claims that may arise after the Company. Excluded from date on which Employee executes this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 2 contracts
Samples: Confidential Separation Agreement, Waiver and Release (DCP Midstream, LP), Confidential Separation Agreement, Waiver and Release (DCP Midstream, LP)
Release of All Claims. Except as otherwise For and in consideration of the payment to ASSOCIATE of the Additional Benefits set forth in this Agreementparagraph 2 above, you which ASSOCIATE acknowledges constitutes good, sufficient and valuable consideration, over and above any consideration to which ASSOCIATE is otherwise entitled, ASSOCIATE hereby releaseirrevocably and unconditionally, acquit except as provided herein, agrees to waive and forever discharge release Tupperware and the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates other Released Parties (the “Released Party” or “Released Parties”), of and as defined below) from any and all claims, liabilities, demandsactions, causes of action, costsclaims and demands whatsoever, expenseswhether in law or in equity and whether currently known or unknown, attorneys’ feesarising from or related to any act, damagesomission, indemnitiesor thing occurring or existing at any time on or prior to the date of the execution of this Separation Agreement. This release of all claims includes, without limitation, all claims under Title VII of the Civil Rights Acts of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 as amended (“ADEA”), the Americans with Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Worker Adjustment and Retraining Notification Act (“WARN Act”), the Equal Pay Act, the Fair, Labor Standards Act (“FLSA”), Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Occupational Safety and Health Act (“OSHA”), the Xxxxxxxx-Xxxxx Act of 2002 (“SOX”), the Florida Civil Rights Act (FCRA), the Florida Workers' Compensation Law Retaliation Act (FWCA), the Florida Minimum Wage Act, the Florida Constitution and any other federal or state employment laws in the United States, and obligations any other comparable laws or regulations in the country of every kind ASSOCIATE’s current or prior employment, as each may be amended from time to time and natureall other claims for employment discrimination, in lawharassment, equityretaliation or wrongful termination, all claims related to or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your ASSOCIATE'S employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the CompanyTupperware, including but not limited toany claims under the Tupperware Brands Corporation Severance Pay Plan, wagesall claims for compensation of any kind, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or and all claims under any other form of compensation; (iii) claims pursuant to any federal, state or local law, statuteregulation, or cause of action includingordinance, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees common law doctrine or other claim arising under the federal Civil Rights Act source of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Law; (iv) all tort claimslaw, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation any other country of public policy; and (v) ASSOCIATE’s current or prior employment. This release of all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including does not apply to claims arising out after the date of an Employment this Separation Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are ASSOCIATE is not waiving any claims rights that he/she may have to: (a) his/her own vested accrued employee benefits under Tupperware’s health, welfare, or retirement benefit plans as of the Separation Date; (b) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) pursue claims which by law cannot be waived by signing this Separation Agreement; (d) enforce this Separation Agreement; and/or (e) challenge the validity of this Separation Agreement. Nothing in this Separation Agreement prohibits or prevents ASSOCIATE from filing a private agreement between an employer charge with or participating, testifying, or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state, or local government agency (e.g., EEOC, NLRB, SEC, etc.), nor does anything in this Separation Agreement preclude, prohibit, or otherwise limit, in any way, ASSOCIATE’S rights and employeeabilities to contact, communicate with, report matters to, or otherwise participate in any whistleblower program administered by any such agencies. ASSOCIATE confirms that he/she has not filed any legal proceeding(s) against any of the Released Parties, is the sole owner of the claims released herein, has not transferred any such claims to anyone else, and (b) arising out of rights under has the Indemnification Agreement attached hereto as Schedule 3. Moreover, full right to grant the releases and agreements in this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Separation Agreement. You do agree to waive your right to In the event of any further proceedings based upon any released matter, ASSOCIATE agrees that the Released Parties shall not have any further monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related obligation to your employment with and/or separation from the CompanyASSOCIATE.
Appears in 2 contracts
Samples: Separation Agreement (Tupperware Brands Corp), Separation Agreement (Tupperware Brands Corp)
Release of All Claims. Except as otherwise In consideration of the severance benefits set forth in Paragraph 3 of this Agreement, you Employee, for herself, her spouse, their marital xxxxxxxxx, xxxxx, xxxxxxx, representatives, executors, successors and assigns, hereby releasefully, acquit forever, irrevocably, and forever unconditionally release and discharge the ParentEmployer, the Company and their its stockholders, affiliates, subsidiaries, employee benefit plans, any co-employers or joint employers, their officers, directors, employees, agents, attorneys, administrators, servants, employees, attorneysrepresentatives, successors, parent, subsidiariesheirs, assigns, and affiliates all persons acting by, through, under, or in concert with them (collectively referred to as the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equityclaims which she may have against them, or otherwiseany of them, which could have arisen out of any act or omission occurring from the beginning of time to the Effective Date of this Agreement, whether now known and or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of asserted or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreementunasserted. This general release includes, but is not limited to: (i) , any and all claims and demands arising out of brought or in any way connected with your employment with that could be brought under the CompanyOption Agreements, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance payEmployment Agreement, or any other form of compensation; agreements between Employer and Employee (iii) except for this Agreement), as well as any and all claims brought or that could be brought pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Civil Rights Act of 19901991, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification National Labor Relations Act, as amended; the Fair Labor Standards Act, the Employee Retirement and Income Security Act (ERISA), the Securities Act of 19741933, as amended; the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act, any other securities-related statute or law, the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Equal Pay Act, the Arizona Civil Rights Act, the Arizona Employment Protection Act, Arizona’s wage and New York Labor Law, New York City Human Rights Lawhour statutes, and any other statute set forth in the New York Human Rights Law; (iv) all tort claimsUnited States Code or in the statutes or codes of any state, including without limitationbut not limited to Arizona, claims for fraudthat pertains or relates to, defamationor otherwise touches upon, emotional distressthe employment relationship between Employer and Employee and the Released Parties, including (but not limited to) any and discharge in violation of public policy; and (v) all claims actions for breach of contract, wrongful terminationexpress or implied, and breach of the implied covenant of good faith and fair dealing, including express or implied, promissory estoppel, wrongful termination in violation of public policy, all other claims for wrongful termination and constructive discharge, hostile work environment, and all other tort claims, including, but not limited to, assault, battery, false imprisonment, intentional interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, negligence, negligent investigation, negligent hiring, supervision, or retention, defamation, intentional or negligent misrepresentation, fraud, and any and all other laws and regulations relating to employment, employment termination, employment discrimination, harassment, and/or retaliation, wages, hours, employee benefits, compensation, sexual harassment, and any and all claims for attorneys’ fees and costs, pursuant to or arising under any federal, state, or local statute, law, regulation, ordinance, or order. This release of claims expressly includes, but is not limited to, any and all claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable and/or in any way related to your Employee’s employment with Employer or the Company. Excluded from this Agreement are circumstances of the termination of that employment, as well as any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of and/or in any way related to Employer’s grant of the Options to Employee or the Option Agreements; provided, however, that by signing this Agreement, Employee is not waiving any rights or claims that Employee may have (i) after the Execution Date of this Agreement; (ii) under any indemnification agreement between Employee and Employer and the Company’s Third Amended and Restated Certificate of Incorporation or Amended and Restated Bylaws, each as amended; (iii) under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary Company’s director and officer liability insurance; or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from (iv) that have vested under the Company's employee benefit plans.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (Lifelock, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you in exchange for good and valuable consideration described in this Agreement, including in section 3 above, Executive, on behalf of Executive and Executive’s executors, administrators, successors and assigns (collectively, the “Releasors”) hereby releasereleases, acquit waives, acquits and forever discharge the Parent, discharges the Company and their affiliateseach of its employees, officers, directors, shareholders, agents, administratorspredecessors and successors in interest, servantsparents, employeessubsidiaries, affiliates, attorneys, successors, parent, subsidiaries, and assigns, and affiliates (the “Released Party” or “Released PartiesCompany- Affiliates”), ) of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign Executive signs this AgreementAgreement (collectively “Claims”). This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your Executive’s employment with the Company, the reduction of his job duties or the termination of that employment; (ii) claims or demands related to your Executive’s compensation or benefits with the Company, including but not limited to, any disputed wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the Fair Credit Reporting Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; California Fair Employment and New York Housing Act (Cal. Gov’t Code §12900 et seq.); California Family Rights Act (Cal. Gov. Code §12945.2); California Spousal Military Leave Law (Cal. Mil. & Vet. Code §395.10); California WARN Act (Cal. Lab. Code §1400 et seq.); the California Labor LawCode, New York City Human Rights Law, and the New York Human Rights LawCalifornia Private Attorney General Act; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an the Employment Agreement, a sales commission plan or incentive compensation plan applicable to your Executive’s employment with the Company. To the extent permitted by law, Executive also promises never, directly or indirectly, to bring or participate in an action against the Company or Company- Affiliates under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) claims, which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out . This release does not extend to claims for unemployment or workers’ compensation benefits or waive the Executive’s right to file an application for an award for original information submitted pursuant to Section 21F of rights under the Indemnification Agreement attached hereto as Schedule 3Securities Exchange Act of 1934. Moreover, this Release does not prohibit you Executive from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or the Department of Fair Employment and Housing or participating in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree an EEOC or state agency investigation; however, Executive agrees to waive your his right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your on his behalf which are released herein, arising out of or related to your his employment with and/or separation from the Company.
Appears in 1 contract
Samples: Transition Agreement (8x8 Inc /De/)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, the Company and its subsidiaries and its and their affiliates, officers, directors, agents, administrators, servants, employees, attorneys, shareholders, successors, parent, subsidiaries, assigns, assigns and affiliates (the “Released Party” or “Released Parties”)affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ ' fees, damages, indemnities, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the execution date you sign of this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation stock, stock options, or any other ownership interests in the Company, personal leave pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discriminationthe Employee Retirement Income Security Act ("ERISA"), harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “"ADEA”"); the federal Family Medical Leave ActWashington Law Against Discrimination in Employment, as amended; the federal Worker Adjustment and Retraining Notification Acttort law; contract law; wrongful discharge; retaliation, as amendeddiscrimination; the Employee Retirement Income Security Act of 1974, as amendedharassment; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawfraud; (iv) all tort claims, including without limitation, claims for fraud, defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Release of All Claims. Except as otherwise In consideration of the severance benefits set forth in Paragraph 4 of this Agreement, you Executive, for himself, his spouse, their marital xxxxxxxxx, xxxxx, xxxxxxx, representatives, executors, successors and assigns, hereby releasefully, acquit forever, irrevocably, and forever unconditionally release and discharge the ParentEmployer, the Company and their its shareholders, affiliates, subsidiaries, employees benefit plans, any co-employers or joint employers, their officers, directors, employees, agents, attorneys, administrators, servants, employees, attorneysrepresentatives, successors, parent, subsidiariesheirs, assigns, and affiliates all persons acting by, through, under, or in concert with them (collectively referred to as the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equityclaims which he may have against them, or otherwiseany of them, which could have arisen out of any act or omission occurring from the beginning of time to the Execution Date of this Agreement, whether now known and or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of asserted or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreementunasserted. This general release includes, but is not limited to: (i) , any and all claims and demands arising out of brought or in any way connected with your employment with that could be brought under the CompanyEmployment Agreement, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance payOption Agreements, or any other form of compensation; agreements between Employer and Executive (iii) except for this Agreement), as well as any and all claims brought or that could be brought pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Age Discrimination in Employment Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Civil Rights Act of 19901991, as amended; the federal Age Discrimination in Employment National Labor Relations Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act (ERISA), the Securities and Exchange Acts of 19671933 and 1934, as amended the Xxxxxxxx-Xxxxx Act, any other securities-related statute or law, the Consolidated Omnibus Budget Reconciliation Act (COBRA), the “ADEA”); the federal Family and Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Equal Pay Act, as amended; the Employee Retirement Income Security Act of 1974Arizona Civil Rights Act, as amended; the Arizona Employment Protection Act, Arizona’s wage and New York Labor Law, New York City Human Rights Lawhour statutes, and any other statute set forth in the New York Human Rights Law; (iv) all tort claimsUnited States Code or in the statutes or codes of any state, including without limitationbut not limited to Arizona, claims for fraudthat pertains or relates to, defamationor otherwise touches upon, emotional distressthe employment relationship between Employer and Executive and the Released Parties, including (but not limited to) any and discharge in violation of public policy; and (v) all claims actions for breach of contract, wrongful terminationexpress or implied, and breach of the implied covenant of good faith and fair dealing, including express or implied, promissory estoppel, wrongful termination in violation of public policy, all other claims for wrongful termination and constructive discharge, hostile work environment, and all other tort claims, including, but not limited to, assault, battery, false imprisonment, intentional interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, negligence, negligent investigation, negligent hiring, supervision, or retention, defamation, intentional or negligent misrepresentation, fraud, and any and all other laws and regulations relating to employment, employment termination, employment discrimination, harassment, and/or retaliation, wages, hours, employee benefits, compensation, sexual harassment, and any and all claims for attorneys’ fees and costs, pursuant to or arising under any federal, state, or local statute, law, regulation, ordinance, or order. This release of claims expressly includes, but is not limited to, any and all claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable and/or in any way related to your Executive’s employment with Employer or the Company. Excluded from this Agreement are circumstances of the termination of that employment, as well as any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging and/or in the activities protected pursuant any way related to Section 6.15 of the Employment Agreement. You do agree Agreement or the Option Agreements, including but not limited to waive your right to monetary or other recovery should any claim be pursued with the EEOCclaims for any bonus amounts, state agencyvacation pay amounts, or any other federalbenefits thereunder; provided, state however, that by signing this Agreement, Executive is not waiving any rights or local administrative agency your behalf arising out claims that may arise after the Execution Date of or related to your employment with and/or separation from the Companythis Agreement.
Appears in 1 contract
Release of All Claims. Except as In exchange for the consideration provided to Employee under this Agreement to which Employee would not otherwise set forth in this Agreementbe entitled, you hereby releaseincluding but not limited to the Severance Benefit, acquit Employee:
a. voluntarily, irrevocably and unconditionally releases and forever discharge the Parentdischarges, the Company jointly, severally and individually each of Castle and ADP and their affiliatesrespective parent companies, subsidiaries, affiliated entities, current and former employees, officers, directors, insurers, agents, administratorsshareholders, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates as applicable (collectively referred to as the “Released Party” or “Released Parties”), of and ) from any and all liabilities, claims, liabilities, demands, causes of action, charges, suits, debts, complaints, money, benefits, grievances, obligations, costs, expenseslosses, damages, injuries, attorneys’ fees, damagescontracts, indemnitiespromises, agreements, and obligations other legal responsibilities whatsoever (collectively referred to as “Claims”) regardless of every kind and naturewhether such Claims are unaccrued, unknown, unforeseen, and/or unanticipated, in law, law or equity, that Employee’s heirs, executors, administrators, successors or otherwiseassigns ever had, known now have or hereafter can against the Released Parties, including but not limited to, any and unknown, suspected and unsuspected, disclosed and undisclosed, all matters arising out of Employee’s employment with, separation or in any way related to agreements, events, acts, omissions, or conduct at any time prior to termination from employment with Castle and including the date you sign ADP;
b. understands and agrees that this Agreement. This general release of Claims includes, but is not limited to: (i) , any and all claims and demands arising out of or in under any way connected with your employment with the Companystate, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state and/or local statutory, constitutional, common law claim or local law, statute, or tort cause of action including, but not limited toaction, claims for of wrongful termination, termination in violation of public policy, discrimination, harassment, constructive discharge, defamation, intentional or negligent infliction of emotional distress, retaliation, attorneys’ fees lost wages, breach of contract or other claim implied contract, unjust enrichment, detrimental reliance, claims arising under from or relating to Employee’s right to purchase, or actual purchase of, shares of stock of Castle, and/or claims for wages, bonuses, compensation, incentives, or benefits owed, as well as any alleged violation of Title VII of the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Civil Rights Act of 1990, as amended1991; Sections 1981 through 1988 of Title 42 of the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification ActUnited States Code, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Family and New York Medical Leave Act of 1993, as amended; the Immigration Reform and Control Act, as amended; the Pregnancy Discrimination Act, the Fair Labor LawStandards Act, New York City Human Rights Lawas amended; the Equal Pay Act, as amended; the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act, as amended; the Occupational Safety and Health Act, as amended; the New York Human Rights LawXxxxxxxx-Xxxxx Act of 2002, the Older Workers Benefit Protection Act, the Fair Credit Reporting Act, the National Labor Relations Act, as amended; (iv) all tort claimsthe Equal Pay Act, as amended; the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act, as amended; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002, the Older Workers Benefit Protection Act, the Fair Credit Reporting Act, the National Labor Relations Act, the Texas Labor Code including without limitationthe Texas Payday Act, claims for fraudthe Texas Anti-Retaliation Act, defamationChapter 21 of the Texas Labor Code, emotional distressthe Texas Whistleblower Act, and discharge in and/or any other alleged violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out law, regulation, order or ordinance dealing with employment, discrimination, retaliation or harassment in employment or any claim under any statute or at common law, including claims based on contract (express or implied) or public policy or tort;
c. understands that this is a full and complete release of all claims, demands, and causes of action raised or related to your employment with and/or separation from that could have been raised by Employee against Castle, including all actions, claims, and grievances known or unknown; and
d. represents that Employee has no charges, complaints, lawsuits, proceedings, or claims of any kind pending against the CompanyReleased Parties.
Appears in 1 contract
Samples: Employment Separation Agreement (Castle Biosciences Inc)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the Parent, the Company and their affiliatesits owners, officers, agents, administrators, servantsdirectors, employees, attorneysagents, successorsindependent contractors, members, executors, partners, joint venturers, administrators, parent, subsidiaries, assigns, associates, affiliates, and affiliates attorneys, as well as all persons or companies acting by, under, through or in concert with any of them (the “Released Party” or “"Released Parties”"), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ ' fees, damages, indemnities, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the execution date you sign of this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your your• employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation payvacation, fringe benefits, expense reimbursements, incentive pay, severance separation pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; the federal Family and New York Medical Leave Act, as amended (the "FMLA"); the federal Age Discrimination in Employment Act; the federal Older Workers Benefit Protection Act; the Xxxxx Xxxxxxxxx Fair Pay Act; the California Fair Employment and Housing Act, as amended; the California Family Rights Act, as amended; the California Fair Pay Act; the California Labor Law, New York City Human Rights Law, and the New York Human Rights LawCode; (iv) all tort claims, including without limitation, claims for law; contract law; wrongful discharge; discrimination; harassment; fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this This Release does not prohibit you from engaging participating in the activities protected pursuant to Section 6.15 of the an Equal Employment AgreementOpportunity Commission ("EEOC") or other federal, state or local administrative agency investigation or proceeding. You do However, you agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, EEOC or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company. In addition, this Release shall not be construed in any way to waive any rights or benefits that may not be waived pursuant to applicable law.
Appears in 1 contract
Samples: Separation Agreement (Envision Solar International, Inc.)
Release of All Claims. Except For and in consideration of the payments and benefits payable under the Separation Agreement, which, absent this Reaffirmation, Executive acknowledges and agrees that she otherwise would not be entitled to receive, and except as otherwise set forth in this AgreementReaffirmation, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to any and all agreements, events, acts, omissions, acts or conduct executed or occurring at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto to the Separation Agreement as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, this Release does Executive represents and warrants that Executive has not prohibit you from engaging previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.released herein
Appears in 1 contract
Samples: Separation and General Release Agreement (Comscore, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge discharges the ParentCompany, the Company TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the each, a “Released Party” or and collectively, the “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign Executive signs this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your Executive’s employment with the Company, or the termination of that employment; (ii) claims or demands related to your Executive’s compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state state, local or local foreign law, statute, regulation or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, Fair Employment Practices Law (N.Y. Exec. Law §§ 296 et seq.); New York City Human Rights Law, and the Equal Pay Law (N.Y. Lab. Law § 194); New York Human Rights LawWARN Law (N.Y. Lab. Law §§ 860 et seq.), as amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an employment agreement, including the Employment Agreement, sales commission plan or incentive compensation plan applicable to your Executive’s employment with the Company. To the extent permitted by law, Executive also promises never directly or indirectly to bring or participate in an action against any Released Party, including without limitation under any unfair competition law of any jurisdiction. Xxxxxxx X. Xxxxxx XX January 5, 2016 Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you Executive from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment AgreementExecutive’s state or participating in an EEOC or state agency investigation. You do agree Executive agrees to waive your his right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your on Executive’s behalf arising out of or related to your Executive’s employment with and/or separation from the Company.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this AgreementLetter, you hereby release, acquit and forever discharge the ParentCompany, TriNet HR Corporation and the Company Company’s and their TriNet HR Corporation’s affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parentparents, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this AgreementLetter. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family and Medical Leave Act, as amendedamended (“FMLA”); the federal Worker Adjustment and Retraining Notification Act, as amendedamended (“WARN”); the Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”); Connecticut Fair Employment Practices Act (Conn. Gen. Stat. §46a-51 et seq.); Connecticut Equal Pay Laws (Conn. Gen. Stat. §§ 31-75 and New York Labor Law, New York City Human Rights Law, 31-76); Connecticut Family and the New York Human Rights LawMedical Leave Law (Conn. Gen. Stat. §31-51kk et seq.); Connecticut WARN Law (Conn. Gen. Stat. §31-51n-o); (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreementemployment agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement Letter are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Retention, Separation and Release Agreement (Lincoln Benefit Life Co)
Release of All Claims. Except as otherwise set forth in this AgreementExecutive voluntarily, you knowingly and willingly on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby releaseirrevocably and unconditionally release the Company, acquit its parents, their subsidiaries, divisions and forever discharge the Parentaffiliates, the Company and together with their affiliatesrespective owners, assigns, agents, directors, partners, officers, agents, administrators, servants, employees, attorneysconsultants, successorsshareholders, parent, subsidiaries, assignsattorneys and representatives, and affiliates any of their predecessors and successors and each of their estates, heirs and assigns (collectively, the “Released Party” or “Released Parties”), of and "Company Releasees") from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, causes of action, rights, costs, expenseslosses, attorneys’ fees, damages, indemnities, debts and obligations expenses of every kind and nature, in law, equity, or otherwiseany nature whatsoever, known and or unknown, suspected and unsuspectedwhich he or his heirs, disclosed and undisclosedexecutors, arising out of administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any way related to agreementsother representative capacity) against the Company or any of the other Company Releasees by reason of any matter, events, acts, omissions, cause or conduct at any time prior to and including thing whatsoever arising on or before the date you sign this AgreementGeneral Release and Waiver is executed by Executive. This general release In addition, this Release includes, but is not limited to: (i) without limitation, any rights or claims and demands arising out of or relating in any way connected with your to any and all employment with relationships between Executive and the CompanyCompany or any of the Company Releasees, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companythereof, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Employment Xxx 0000 of Bermuda, the Human Rights Xxx 0000 of Bermuda, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the federal United States Code, The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Control Act, The Americans with Disabilities Act of 1990, as amended; the federal The Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker The Workers Adjustment and Retraining Notification Act, as amended; The Fair Credit Reporting Act, New York State Human Rights Law, New York Human Rights Law, New York Rights of Persons With Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act, New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Employee Retirement Income Security Act general regulations of 1974the New York State Division of Human Rights, as amended; and The New York Labor Law, The New York Wage Hour and Wage Payment Laws, The New York Minimum Wage Law, as amended, The New York City Human Rights LawAdministrative Code, New York State Public Employee Safety and Health Act, New York Executive Law §290 et seq., the New York Human Rights City Charter and Administrative Code, New York Labor Law §740 et seq., the New York Legal Activities Law; (iv) all tort claims, including without limitationNew York Labor Law §201-d, claims for fraudthe New York occupational safety and health laws, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.New Jersey Law Against Discrimination – N.J. Rev.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, TriNet HR Corporation and the Company Company’s and their TriNet HR Corporation’s affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parentparents, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family and Medical Leave Act, as amendedamended (“FMLA”); the federal Worker Adjustment and Retraining Notification Act, as amendedamended (“WARN”); the Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”); Connecticut Fair Employment Practices Act (Conn. Gen. Stat. §46a-51 et seq.); Connecticut Equal Pay Laws (Conn. Gen. Stat. §§ 31-75 and New York Labor Law, New York City Human Rights Law, 31-76); Connecticut Family and the New York Human Rights LawMedical Leave Law (Conn. Gen. Stat. §31-51kk et seq.); Connecticut WARN Law (Conn. Gen. Stat. §31-51n-o); (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreementemployment agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Retention, Separation and Release Agreement (Lincoln Benefit Life Co)
Release of All Claims. Except as otherwise set forth in this AgreementExecutive voluntarily, you knowingly and willingly on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby releaseirrevocably and unconditionally releases the Company, acquit its parents, their subsidiaries, divisions and forever discharge the Parentaffiliates, the Company and together with their affiliatesrespective owners, assigns, agents, directors, partners, officers, agents, administrators, servants, employees, attorneysconsultants, successorsshareholders, parent, subsidiaries, assignsattorneys and representatives, and affiliates any of their predecessors and successors and each of their estates, heirs and assigns (collectively, the “Released Party” or “Released Parties”), of and "Company Releasees") from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, causes of action, rights, costs, expenseslosses, attorneys’ fees, damages, indemnities, debts and obligations expenses of every kind and nature, in law, equity, or otherwiseany nature whatsoever, known and or unknown, suspected and unsuspectedwhich he or his heirs, disclosed and undisclosedexecutors, arising out of administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any way related to agreementsother representative capacity) against the Company or any of the other Company Releasees by reason of any matter, events, acts, omissions, cause or conduct at any time prior to and including thing whatsoever arising on or before the date you sign this AgreementGeneral Release and Waiver is executed by Executive. This general release In addition, this Release includes, but is not limited to: (i) without limitation, any rights or claims and demands arising out of or relating in any way connected with your to any and all employment with relationships between Executive and the CompanyCompany or any of the Company Releasees, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companythereof, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Employment Act 2000 of Bermuda, the Human Rights Act 1981 of Bermuda, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the federal United States Code, The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Control Act, The Americans with Disabilities Act of 1990, as amended; the federal The Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker The Workers Adjustment and Retraining Notification Act, as amended; The Fair Credit Reporting Act, New York State Human Rights Law, New York Human Rights Law, New York Rights of Persons With Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act, New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Employee Retirement Income Security Act general regulations of 1974the New York State Division of Human Rights, as amended; and The New York Labor Law, The New York Wage Hour and Wage Payment Laws, The New York Minimum Wage Law, as amended, The New York City Human Rights LawAdministrative Code, New York State Public Employee Safety and Health Act, New York Executive Law §290 et seq., the New York Human Rights City Charter and Administrative Code, New York Labor Law §740 et seq., the New York Legal Activities Law; (iv) all tort claims, including without limitationNew York Labor Law §201-d, claims for fraudthe New York occupational safety and health laws, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.New Jersey Law Against Discrimination – N.J. Rev.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this AgreementExecutive voluntarily, you knowingly and willingly on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby releaseirrevocably and unconditionally release the Company, acquit its parents, their subsidiaries, divisions and forever discharge the Parentaffiliates, the Company and together with their affiliatesrespective owners, assigns, agents, directors, partners, officers, agents, administrators, servants, employees, attorneysconsultants, successorsshareholders, parent, subsidiaries, assignsattorneys and representatives, and affiliates any of their predecessors and successors and each of their estates, heirs and assigns (collectively, the “Released Party” or “Released Parties”), of and "Company Releasees") from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, causes of action, rights, costs, expenseslosses, attorneys’ fees, damages, indemnities, debts and obligations expenses of every kind and nature, in law, equity, or otherwiseany nature whatsoever, known and or unknown, suspected and unsuspectedwhich he or his heirs, disclosed and undisclosedexecutors, arising out of administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any way related to agreementsother representative capacity) against the Company or any of the other Company Releasees by reason of any matter, events, acts, omissions, cause or conduct at any time prior to and including thing whatsoever arising on or before the date you sign this AgreementGeneral Release and Waiver is executed by Executive. This general release In addition, this Release includes, but is not limited to: (i) without limitation, any rights or claims and demands arising out of or relating in any way connected with your to any and all employment with relationships between Executive and the CompanyCompany or any of the Company Releasees, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companythereof, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Employment Act 2000 of Bermxxx, xxx Human Rights Act 1981 of Bermxxx, Xxxle VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the federal United States Code, The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Control Act, The Americans with Disabilities Act of 1990, as amended; the federal The Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker The Workers Adjustment and Retraining Notification Act, as amended; The Fair Credit Reporting Act, New York State Human Rights Law, New York Human Rights Law, New York Rights of Persons With Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act, New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Employee Retirement Income Security Act general regulations of 1974the New York State Division of Human Rights, as amended; and The New York Labor Law, The New York Wage Hour and Wage Payment Laws, The New York Minimum Wage Law, as amended, The New York City Human Rights LawAdministrative Code, New York State Public Employee Safety and Health Act, New York Executive Law §290 et seq., the New York Human Rights City Charter and Administrative Code, New York Labor Law §740 et seq., the New York Legal Activities Law; (iv) all tort claims, including without limitationNew York Labor Law §201-d, claims for fraudthe New York occupational safety and health laws, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.New Jersey Law Against Discrimination – N.J. Rev.
Appears in 1 contract
Release of All Claims. Except The term "Releasee" or "Releasees" shall be construed as otherwise set forth in this Agreement, you hereby release, acquit broadly as possible and forever discharge the Parent, includes: the Company and each of the Company's divisions, subsidiaries, successors and affiliates, and their affiliatesformer or current agents, joint venture members, stockholders, directors, officers, agents, administrators, servants, employees, attorneysand all other persons acting by, successorsthrough, parentunder or in concert with any of them. In exchange for the Company's consideration, subsidiaries, assigns, Employee fully releases and affiliates (discharges the “Released Party” or “Released Parties”), of and Releasees from any and all claims, liabilities, demands, actions and causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations action of every kind and nature, in law, equity, or otherwiseany kind, known and or unknown, suspected and unsuspectedwhich Employee may presently have or claim to have against any Releasee including, disclosed and undisclosedbut not limited to, all contract claims; all wrongful discharge or employment claims; all tort claims; all claims arising out of under the United States or in any way related to state constitution; all claims arising under any civil rights or employment laws or regulations (whether federal, state or local); any federal or state whistleblower laws or statutes; any claims based on Company policies or agreements, eventsincluding severance policies or agreements to provide notice; and any claims to attorneys' fees or costs. Without limiting the foregoing, acts, omissions, or conduct at any time prior to the waiver and including the date you sign this Agreement. This general release of claims includes, but is not limited to: (i) , all claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Equal Pay Act, Employee Retirement Income Security Act, Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), Rehabilitation Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family and Medical Leave Act, as amended; the federal Fair Labor Standards Act, Fair Credit Reporting Act, Worker Adjustment Retraining and Retraining Notification Act, as amended; Xxxxxxxx-Xxxxx Act, Immigration Reform and Control Act, Occupational Safety and Health Act, the Employee Retirement Income Security Act of 1974, as amended; and New York National Labor Law, New York City Human Rights LawRelations Act, and the New York Human Rights Law; Colorado Wage Payment Act (iv) all tort claimsand any other state wage payment law). Notwithstanding the foregoing, including without limitation, Employee does not waive or release workers' compensation claims or claims for fraudunemployment benefits. Employee agrees that while nothing in this Agreement shall limit Employee's right to file a future charge with any federal, defamationstate, emotional distressor local governmental agency relating to Employee's employment with Company and/or participate in a future action relating to such employment, whether brought by an agency or by another on Employee's behalf, Employee expressly waives by this Agreement the right to recover monetary damages and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment any other relief from Company personal to Employee if such charge or lawsuit is pursued. By entering into this Agreement, sales commission plan Employee is not waiving any rights or incentive compensation plan applicable to your employment with claims that may arise after the Company. Excluded from date on which Employee executes this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Confidential Separation Agreement (DCP Midstream, LP)
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to any and all agreements, events, acts, omissions, acts or conduct executed or occurring at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensationcompensation (including under the Severance Agreement); (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended (the “ADEA”); the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. EXECUTIVE HEREBY ACKNOWLEDGES AND AGREES THAT THIS RELEASE IS A GENERAL RELEASE AND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE IS EXPRESSLY WAIVING ALL RIGHTS FOR ALL KNOWN AND UNKNOWN CLAIMS. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, Executive understands that this Release Agreement: (i) does not prohibit you preclude him from engaging challenging the validity of this Agreement, including the waiver and release provisions, under the ADEA; and (ii) does not waive any rights or claims which first arise after the Signature Date. Executive represents and warrants that Executive has not previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 1 contract
Samples: Separation and General Release Agreement (Comscore, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, the Company TriNet Group, Inc., and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under Title VII of the federal Civil Rights Right Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; Utah Antidiscrimination Act (Utah Code Xxx. §34A-5-101 et seq.); Utah Minimum Wage Act (Utah Code Xxx. §00-00-000, et seq.) Utah Occupational Safety and New York Health Act (Utah Code Xxx. §34A-6-101, et seq.); California Fair Employment and Housing Act (Cal. Gov’t Code §12900 et seq.); California Family Rights Act (Cal. Gov. Code §12945.2); California Spousal Military Leave Law (Cal. Mil. & Vet. Code §395.10); California WARN Act (Cal. Lab. Code §1400 et seq.); California Labor LawCode, New York City Human Rights Lawincluding but not limited to, the Private Attorneys General Act, Cal. Labor Code § 2699, et seq.; California Wage Orders (Cal. Code Regs. tit. 8, § 11010, et seq.); California Unfair Competition Law (Cal Business & Professions Code § 17200 et seq.); California Occupational Safety and the New York Human Rights LawHealth Act (Cal Labor Code section 6300, et seq.); Cal. Civil Code § 1542 (Extinction of Obligations) as amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee. Notwithstanding anything in this Agreement to the contrary, and (b) arising out of rights under the Indemnification nothing in this Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit shall prevent you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this AgreementExecutive voluntarily, you knowingly and willingly on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby releaseirrevocably and unconditionally release the Company, acquit its parents, their subsidiaries, divisions and forever discharge the Parentaffiliates, the Company and together with their affiliatesrespective owners, assigns, agents, directors, partners, officers, agents, administrators, servants, employees, attorneysconsultants, successorsshareholders, parent, subsidiaries, assignsattorneys and representatives, and affiliates any of their predecessors and successors and each of their estates, heirs and assigns (collectively, the “Released Party” or “Released Parties”), of and "Company Releasees") from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, causes of action, rights, costs, expenseslosses, attorneys’ fees, damages, indemnities, debts and obligations expenses of every kind and nature, in law, equity, or otherwiseany nature whatsoever, known and or unknown, suspected and unsuspectedwhich he or his heirs, disclosed and undisclosedexecutors, arising out of administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any way related to agreementsother representative capacity) against the Company or any of the other Company Releasees by reason of any matter, events, acts, omissions, cause or conduct at any time prior to and including thing whatsoever arising on or before the date you sign this AgreementGeneral Release and Waiver is executed by Executive. This general release In addition, this Release includes, but is not limited to: (i) without limitation, any rights or claims and demands arising out of or relating in any way connected with your to any and all employment with relationships between Executive and the CompanyCompany or any of the Company Releasees, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companythereof, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Employment Act 2000 of Bermuda, the Human Rights Act 1981 of Bermuda, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the federal United States Code, The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Control Act, The Americans with Disabilities Act of 1990, as amended; the federal The Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker The Workers Adjustment and Retraining Notification Act, as amended; The Fair Credit Reporting Act, New York State Human Rights Law, New York Human Rights Law, New York Rights of Persons With Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act, New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Employee Retirement Income Security Act general regulations of 1974the New York State Division of Human Rights, as amended; and The New York Labor Law, The New York Wage Hour and Wage Payment Laws, The New York Minimum Wage Law, as amended, The New York City Human Rights LawAdministrative Code, New York State Public Employee Safety and Health Act, New York Executive Law §290 et seq., the New York Human Rights City Charter and Administrative Code, New York Labor Law §740 et seq., the New York Legal Activities Law; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.,
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to any and all agreements, events, acts, omissions, acts or conduct executed or occurring at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, this Release does Executive represents and warrants that Executive has not prohibit you from engaging previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 1 contract
Samples: Separation and General Release Agreement (Comscore, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you You hereby release, acquit release and forever discharge the ParentCompany, the Company together with its parent companies (past, present or future), divisions, affiliates, subsidiaries, predecessors, successors and assigns, and their affiliatesBoards of Directors, benefit plans and plan administrators, shareholders, officers, agents, administrators, servants, agents and employees, attorneysall personally and in their representative and respective capacities, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilitiesClaims, demands, charges, or causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations action of every kind and whatever type or nature, in lawwhether known or unknown to You, equitywhich You now have or may have against them either individually, jointly or severally, or otherwisewhich could be raised before any municipal, known county, state or federal body and unknownunder any rules, suspected and unsuspectedregulations, disclosed and undisclosedstatutes, arising or under the Common law which Arise out of of, or in any way related to agreementsrelate to, eventseither directly or indirectly, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the CompanyCompany and work for its subsidiaries, or the termination of that employmentsaid employment and work activity. You acknowledge your awareness of your rights under the Employee Retirement Income Security Act, as amended; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local statute, ordinance, or order of law, statute, or cause of action including, including but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under to laws which protect You against discrimination in employment; Title VII of the federal Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, as amended, which prohibit discrimination in employment based on race, color, national origin, religion or gender; the federal Civil Rights Act of 1866 (42 U.S.C. § 1981), which prohibits discrimination on the basis of race and color; the Rehabilitation Act, as amended, and the Americans with With Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of disability; the federal Equal Pay Act, as amended, which prohibits paying men and women unequal pay for equal work; the Family and Medical Leave Act, which provides employment leave rights for covered family and medical situations and prohibits discrimination or retaliation for exercising such rights; the Age Discrimination in Employment Act Act, which prohibits discrimination against individuals age 40 and older on account of 1967, as amended (the “ADEA”)age; the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended, which provides for certain benefits for laid off workers; the Employee Retirement Income Security National Labor Relations Act, as amended, which prohibits discrimination on the basis of collective bargaining status; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended, which prohibits discrimination on the basis of military service; and New York Labor Lawthat this release waives any claim arising under any such laws. Notwithstanding the above, New York City Human Rights Lawthis release does not include, and the New York Human Rights Law; (iv) all tort claimshowever, including without limitationa release by You of your rights, claims if any, to payments of ERISA benefits under any ERISA plan for fraudwhich You are otherwise eligible or to which You are entitled, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan nor does it release or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are waive any claims (a) which or rights You are prohibited by applicable law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you or regulation from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary releasing or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companywaiving.
Appears in 1 contract
Samples: Retention Bonus and Non Competition Agreement (Nacco Industries Inc)
Release of All Claims. Except as otherwise set forth In consideration of the benefits described in this Agreementparagraph 2 above, you Executive hereby releaseREMISES, acquit RELEASES and forever discharge FOREVER DISCHARGES the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates Released Parties (the “Released Party” or “Released Parties”), of and defined below) from any and all claims, liabilitiescontracts, demands, causes of action, costs, expenses, judgments and expenses (including attorneys’ feesfees and costs of any kind), damageswhether known or unknown, indemnities, and obligations of every kind and nature, in law, equitywhich Executive has or may have against the Released Parties, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosedany of them, arising out of or in based on any way related to agreementstransaction, eventsoccurrence, actsmatter, omissionsevent, cause or conduct at any time thing whatsoever which has occurred prior to and including or on the date you sign Executive executes this Agreement. “Released Parties” includes the Company, and all of its affiliated entities (including but not limited to any subsidiary, division, business unit, parent, sister, partner and related companies or entities), predecessors and successors, and its and their past, present and future officers, directors, agents, employees, shareholders, members, managers, partners, attorneys, executors, employee benefit plans, insurers, assigns and other representatives of any kind. This general release includes, but is not limited to: (i) all causes of action, suits, debts, claims and demands whatsoever in law or in equity, which Executive ever had, now has, or hereafter may have, whether known or unknown, or which Executive’s heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, up to the date of Executive’s execution of this Agreement, and particularly, but without limitation of the foregoing general terms, any claims arising out of from or relating in any way connected with your to Executive’s employment relationship with the Company, or the terms and conditions of that employment relationship, and the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companyemployment relationship, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, any claims for discrimination, harassment, retaliation, attorneys’ fees arising under any applicable Company severance or other claim supplemental unemployment benefits pay plan(s); (ii) claims arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); , Title VII of the federal Family Medical Leave ActCivil Rights Act of 1964, as amended; , the federal Americans With Disabilities Act of 1990, as amended, the Civil Rights Act of 1991, as amended, the Worker Adjustment and Retraining Notification Act, as amended; the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended; , the Family and New York Labor LawMedical Leave Act of 1993, New York City Human Rights Law, and the New York Human Rights Law; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOCamended, state agencyfamily and/or medical leave laws, state fair employment laws, state and federal wage and hour laws, state and/or local plant closing or mass layoff laws, Wisconsin state employment laws, as amended, and/or any other federal, state or local administrative agency your behalf law, statute or regulation; (iii) claims based on breach of contract (express or implied), tort, personal injury, misrepresentation, discrimination, retaliation, harassment, defamation, invasion of privacy or wrongful discharge; (iv) claims for bonuses, payments or benefits under any of the Company’s bonus, severance or incentive plans or fringe benefit programs or policies; and (v) any other claims arising out of or related to your connected with Executive’s employment with and/or or separation of employment from the Company. This release does not include a waiver of any claim that cannot legally be waived. Nothing in this Agreement bars a claim by Executive for unemployment compensation benefits to which Executive is entitled under an unemployment compensation law.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act, the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. EXECUTIVE HEREBY ACKNOWLEDGES AND AGREES THAT THIS RELEASE IS A GENERAL RELEASE AND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE IS SIGNING THIS RELEASE. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall -4- not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, this Release does Executive represents and warrants that Executive has not prohibit you from engaging previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 1 contract
Samples: Separation Agreement
Release of All Claims. Except as otherwise set forth In consideration of the severance benefits described in this Agreementparagraph 2(a)-(d) above, you Employee hereby release, acquit releases and forever discharge discharges the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates Released Parties (the “Released Party” or “Released Parties”), of and defined below) from any and all claims, liabilitiescontracts, demands, causes of action, costs, expenses, judgments and expenses (including attorneys’ feesfees and costs of any kind), damageswhether known or unknown, indemnities, and obligations of every kind and nature, in law, equitywhich Employee has or may have against the Released Parties, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosedany of them, arising out of or in based on any way related to agreementstransaction, eventsoccurrence, actsmatter, omissionsevent, cause or conduct at any time thing whatsoever which has occurred prior to and including or on the date you sign Employee executes this Agreement. “Released Parties” includes Adient and Affiliated Entities (defined below), their predecessors and successors (including, but not limited to, Xxxxxxx Controls International plc, Xxxxxxx Controls, Inc. and all of their affiliated entities), and all of Adient’s and the other foregoing entities’ past, present and future officers, directors, agents, employees, shareholders, members, managers, partners, joint ventures, attorneys, executors, employee benefit plans, insurers, assigns and other representatives of any kind. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); , Title VII of the federal Family Medical Leave ActCivil Rights Act of 1964, as amended; the federal Americans With Disabilities Act of 1990, the Civil Rights Act of 1991, the Worker Adjustment and Retraining Notification Act, as amended; the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amendedthe Family and Medical Leave Act of 1993, the Xxxxxxx-Xxxxxx Civil Rights Act, state family and/or medical leave laws, state fair employment laws, state and federal wage and hour laws, wage payment laws, any amendments to the foregoing laws, and/or any other law (including without limitation federal, state, local or foreign law, statute, common law, code, ordinance, rule or regulation); and New York Labor Law(ii) claims based on breach of contract (express or implied), New York City Human Rights Lawtort, and the New York Human Rights Lawpersonal injury, misrepresentation, discrimination, failure to accommodate, retaliation, harassment, defamation, invasion of privacy or wrongful discharge; (iii) claims for bonuses, payments or benefits under any of Adient’s or any Affiliated Entity’s bonus, severance or incentive plans or fringe benefit programs or policies; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policyunder the Adient plc 2016 Omnibus Plan or any award agreements; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including any other claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your connected with Employee’s employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out or separation of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.from
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Adient PLC)
Release of All Claims. Except as otherwise set forth In consideration for receiving the retention benefits described in this AgreementSection 3, above, and to the fullest extent permitted by applicable law, you hereby releasewaive, acquit release and forever discharge the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” promise never to assert any claims or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costswhether or not now known, expensesagainst the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys’ fees, damagesagents, indemnitiesassigns and employee benefit plans with respect to any matter, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in including (without limitation) any way matter related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing, claims under Title VII of the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Americans with Disabilities Act, as amended; the federal Worker Adjustment and Retraining Notification ActNew York State Human Rights Law, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, and the New York City Human Rights Law; claims under any and all other federal, state, and the New York Human Rights Lawlocal statutes, regulations, and laws of any type; (iv) all tort claimsand claims for any compensation or benefits not specifically referenced in this Agreement, including claims under any Company incentive plan, bonus plan, or severance plan). Execution of this Agreement does not bar (i) any claim that arises hereafter, including (without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims a claim for breach of contractthis Agreement, wrongful termination, and breach (ii) any rights you may already have to be indemnified and/or advanced or reimbursed expenses pursuant to any corporate document of the implied covenant of good faith and fair dealingCompany or its affiliates or applicable law, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreoverdated April 15, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive 2015, or your right to monetary or other recovery should be covered under any claim be pursued with the EEOCapplicable directors’ and officers’ liability insurance policies, state agency000 Xxxxx Xxxxxx • Brooklyn, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.NY 11201
Appears in 1 contract
Samples: Resignation Agreement (Etsy Inc)
Release of All Claims. 14.1. Except as otherwise set forth in this Agreement, and in exchange for the consideration provided to you under this Agreement, you hereby release, acquit and forever discharge the ParentCompany all parent corporations, the Company and their affiliates, officerssubsidiaries, agentsdivisions, administratorssuccessors and assignees, servants, as well as the current and former employees, attorneys, successorsofficers, parentdirectors, subsidiaries, assigns, insurers and affiliates agents thereof (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the execution date you sign of this Agreement.
14.2. This general release includesIn addition, but is not limited to: (i) you specifically waive, release, and give up any and all claims and demands arising out of from or in any way connected with relating to your employment with the Company, Company or the termination of that employment; (ii) claims such employment based on any act, event, or demands related to your compensation or benefits with omission occurring before the Companyexecution of this Agreement, including including, but not limited toto any claim which could be asserted now or in the future, whether for damages, wages, salary, bonuses, commissions, vacation pay, fringe benefitspersonal days, expense reimbursements, incentive paypaid time off, severance pay, or front pay, back pay, attorneys’ fees, costs, expenses and/or any other form of compensation; (iii) claims pursuant to relief or remedy under any contract or federal, state or local law, statuteordinance or regulation, or cause of action including, but not limited to, claims for discriminationlaws or regulations covering workers’ compensation, harassmentthe National Labor Relations Act, retaliationas amended, attorneys’ fees or other claim arising under Title VII of the federal Civil Rights Act of 1964, as amended; and the federal Americans with Disabilities Civil Rights Act of 19901991, as amended; Sections 1981 through 1988 of Title 42 of the federal Age Discrimination in Employment Act of 1967United States Code, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; , the Immigration Reform and New York Control Act, the Americans with Disabilities Act of 1990, as amended, the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefit Protection Act, the Fair Labor LawStandards Act, New York City Human as amended, the Equal Pay Act, the Occupational Safety and Health Act, as amended, the Family and Medical Leave Act, as amended, the Uniformed Services Employment and Reemployment Rights LawAct of 1994, as amended, the Worker Adjustment and Retraining Notification Act of 1988, and the New York Human Xxxxxxxx-Xxxxx Act.
14.3. You further waive and release any and all claims or demands arising under the statutes, laws, ordinances, regulations, or common laws of the State of California including, but not limited to, the California Fair Employment and Housing Act, the California Family Rights LawAct, the California Labor Code, and any other federal, state or local laws or regulations as well as any other claims under any other tort, contractual, common law, or statutory theory that you may have had or now has up to the date of this Agreement.
14.4. This Release shall not apply to supersede or affect any ERISA-qualified benefit plan, disability plan or any other applicable vested retirement or deferred compensation plan as to which you are eligible and entitled pursuant to the terms of the applicable plans. This release does not apply to the following: (a) any rights or claims for indemnification you may have pursuant to any written indemnification agreement with the Company to which you are a party or under applicable law; (ivb) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation any rights under any directors & officers liability insurance policy; (c) any rights which are not waivable as a matter of public policylaw; and (vd) all any claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree understand that nothing in this Agreement limits your ability to waive your right to monetary file a charge or other recovery should any claim be pursued complaint with the EEOCEqual Employment Opportunity Commission, state agencythe Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local administrative governmental agency or commission (“Government Agencies”). You further understand this Agreement does not limit your behalf arising out of ability to communicate with any Government Agencies or related otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to your employment with and/or separation from the Company. While this Agreement does not limit your right to receive an award for information provided to the Securities and Exchange Commission, you understand and agree that, to maximum extent permitted by law, you are otherwise waiving any and all rights you may have to individual relief based on any claims that you have released and any rights you have waived by signing this Agreement. Nothing in this Agreement: (i) prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (ii) waives any rights you may have under Section 7 of the National Labor Relations Act (subject to the release of claims set forth herein).
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this AgreementExecutive voluntarily, you knowingly and willingly on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby releaseirrevocably and unconditionally release the Company, acquit its parents, their subsidiaries, divisions and forever discharge the Parentaffiliates, the Company and together with their affiliatesrespective owners, assigns, agents, directors, partners, officers, agents, administrators, servants, employees, attorneysconsultants, successorsshareholders, parent, subsidiaries, assignsattorneys and representatives, and affiliates any of their predecessors and successors and each of their estates, heirs and assigns (collectively, the “Released Party” or “Released Parties”), of and "Company Releasees") from any and all charges, complaints, claims, liabilities, demandsobligations, promises, agreements, causes of action, rights, costs, expenseslosses, attorneys’ fees, damages, indemnities, debts and obligations expenses of every kind and nature, in law, equity, or otherwiseany nature whatsoever, known and or unknown, suspected and unsuspectedwhich he or his heirs, disclosed and undisclosedexecutors, arising out of administrators, successors or assigns ever had, now have or hereafter can, will or may have (either directly, indirectly, derivatively or in any way related to agreementsother representative capacity) against the Company or any of the other Company Releasees by reason of any matter, events, acts, omissions, cause or conduct at any time prior to and including thing whatsoever arising on or before the date you sign this AgreementGeneral Release and Waiver is executed by Executive. This general release In addition, this Release includes, but is not limited to: (i) without limitation, any rights or claims and demands arising out of or relating in any way connected with your to any and all employment with relationships between Executive and the CompanyCompany or any of the Company Releasees, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companythereof, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Employment Act 2000 of Bermuda, the Human Rights Act 1981 of Bermuda, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the federal United States Code, The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), The Immigration Reform and Control Act, The Americans with Disabilities Act of 1990, as amended; the federal The Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker The Workers Adjustment and Retraining Notification Act, as amended; The Fair Credit Reporting Act, New York State Human Rights Law, New York Human Rights Law, New York Rights of Persons With Disabilities, New York Confidentiality of Records of Genetic Tests, New York Whistleblower Law, New York Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, New York Adoptive Parents’ Child Care Leave Law, New York Smokers’ Rights Law, New York Equal Pay Law, New York AIDS Testing Confidentiality Act, New York Nondiscrimination Against Genetic Disorders Law, New York Bone Marrow Leave Law, New York Equal Rights Law, New York Confidentiality of Records of Genetic Tests, New York Executive Law Section 290 et seq., The New York State Labor Relations Act, the Employee Retirement Income Security Act general regulations of 1974the New York State Division of Human Rights, as amended; and The New York Labor Law, The New York Wage Hour and Wage Payment Laws, The New York Minimum Wage Law, as amended, The New York City Human Rights LawAdministrative Code, New York State Public Employee Safety and Health Act, New York Executive Law §290 et seq., the New York Human Rights City Charter and Administrative Code, New York Labor Law §740 et seq., the New York Legal Activities Law; (iv) all tort claims, including without limitationNew York Labor Law §201-d, claims for fraudthe New York occupational safety and health laws, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.New Jersey Law Against Discrimination – N.J. Rev.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, the Company TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; Massachusetts Fair Employment Practices Law (Mass. Gen. Laws ch. 151B, §1 et seq.); Massachusetts Sexual Harassment Law (Mass. Gen. Laws ch. 214, §1C); Massachusetts Equal Pay Law (Mass. Gen. Laws ch. 149, §105A – C); Massachusetts Age Discrimination Law (Mass. Gen. Laws ch. 149, §24A et seq.); Massachusetts Family and New York Labor LawMedical Leave Law (Mass. Gen. Laws ch. 149, New York City Human Rights Law§52D); Massachusetts WARN Laws (Mass. Gen. Laws ch. 149, and the §182; Mass. Gen. Laws ch. 151A, §71A-G); New York Human Rights LawLaw (N.Y. Exec., §290 et seq.); New York Equal Pay Law (N.Y. Lab., §194); New York WARN Act (N.Y. Lab., §860, et seq.) New York Military Spousal Leave Law (N.Y. Lab., §202-i) as amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.. Xxxxx Xxxxxxx 04/30/2015
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Law; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and 3 discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, the Company and their it’s affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; California Fair Employment and New York Labor Law, New York City Human Housing Act (Cal. Gov’t Code §12900 et seq.); California Family Rights Law, and the New York Human Rights LawAct (Cal. Gov. Code §12945.2); California Spousal Military Leave Law (Cal. Mil. & Vet. Code §395.10); California WARN Act (Cal. Lab. Code §1400 et seq.) as amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Separation Agreement (Oblong, Inc.)
Release of All Claims. Except as otherwise set forth in this AgreementAgreement and as provided in the Company’s by-laws and the indemnification agreement between you and the Company attached hereto as Exhibit E, you each party does hereby release, acquit and forever discharge the Parenteach other, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, assigns and affiliates (the “"Released Party” " or “"Released Parties”"), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ ' fees, damages, indemnities, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this AgreementAgreement is signed. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ ' fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “"ADEA”''); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; the California Fair Employment and New York Labor Housing as amended; the California Family Rights Act, as amended; California Spousal Military Leave Law, New York City Human Rights Lawas amended; the California WARN Act, and the New York Human Rights Lawas amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreementemployment agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Notwithstanding the release set forth herein, the Indemnification Agreement (attached hereto as Exhibit E) remains in full force and effect. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging filing a charge with the National Labor Relations Board (“NLRB”) or Equal Employment Opportunity Commission (the "EEOC") or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an NLRB, EEOC or state agency investigation. You do agree to waive your right to monetary relief, reinstatement or other recovery should any claim be pursued with the NLRB, EEOC, state agency, or any other federal, federal state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth In consideration for receiving the transition benefits described in this Agreement, and to the fullest extent permitted by applicable law, you hereby releasewaive, acquit release and forever discharge the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” promise never to assert any claims or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costswhether or not now known, expensesagainst the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys’ fees, damagesagents, indemnitiesassigns and employee benefit plans with respect to any matter, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in including (without limitation) any way matter related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing, claims under Title VII of the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Americans with Disabilities Act, as amended; the federal Worker Adjustment and Retraining Notification ActNew York State Human Rights Law, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, and the New York City Human Rights Law; claims under any and all other federal, state, and local statutes, regulations, and laws of any type; and claims for any compensation or benefits not specifically referenced in this Agreement, including claims under any Company incentive plan, bonus plan, or severance plan). Execution of this Agreement does not bar (i) any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement, (ii) any rights you may already have to be indemnified and/or advanced or reimbursed expenses pursuant to any corporate document of the New York Human Rights Law; Company or its affiliates or applicable law, including the Indemnification Agreement effective as of June 24, 2019, or your right to be covered under any applicable directors’ and officers’ liability insurance policies, (iii) any rights to the transition benefits set forth in this Agreement, and (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, any rights to vested equity awards and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach any rights under any benefit plans of the implied covenant of good faith Company under which you have a vested benefit and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with for which amounts are payable after the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the CompanySeparation Date.
Appears in 1 contract
Samples: Letter Agreement (Etsy Inc)
Release of All Claims. Except as otherwise set forth in this Agreement(a) Employee, you hereby releasefor himself and for his successors, acquit and forever discharge the Parent, the Company and their affiliates, officersheirs, agents, administratorsattorneys, servantsassigns and representatives, employees, attorneysreleases and discharges Employer and its predecessors, successors, parentparents, subsidiaries, assignsaffiliates and assigns and each of their respective officers, directors, principals, stockholders, agents, attorneys and affiliates employees (collectively, the “Released Party” or “Released "Company Parties”), of and ") from any and all claims, liabilities, demands, causes claims of action, costs, expenses, attorneys’ fees, damages, indemnities, any nature and obligations of every kind and nature, in law, equity, or otherwisekind, known and or unknown, suspected and or unsuspected, disclosed and undisclosedpast or present, including those related to, arising out of or in any way related to agreements, events, acts, omissionsfrom, or conduct at any time prior attributed to and including the date you sign this Agreement. This general release includes, but is not limited to: (i1) claims and demands arising out of or in any way connected with your Employee's employment with the CompanyEmployer, or (2) the termination of that employment; the Employment Agreement, (ii3) any claims or demands related to your for compensation or benefits with related to or arising under the CompanyEmployment Agreement, (4) all federal, state and municipal statutes, ordinances and regulations, including but not limited toto claims of discrimination based on race, wagesage, salarysex, bonusesnational origin, commissionsdisability, vacation paywhistleblower status, fringe benefits, expense reimbursements, incentive pay, severance paypublic policy, or any other form characteristic of compensation; Employee, under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964 (iii) claims pursuant to as amended), the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, the California Fair Employment and Housing Act, or any other federal, state, or municipal law prohibiting discrimination or termination for any reason, (5) state or local and federal common law, statute, (6) any claim which was or cause of action could have been raised by Employee including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Law; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, retaliation or defamation and (7) all other acts or omissions of the Company Parties related to any matter up to and including the date of his execution of this Agreement (collectively, the "Claims").
(b) Notwithstanding anything in this Agreement to the contrary, the claims arising out released by Employee shall not encompass any claims Employee may have (i) concerning Employee's indemnity or defense rights pursuant to the Company's certificate of an incorporation, by-laws, applicable provisions of Delaware law or under the Employment Agreement, sales commission plan (ii) for coverage under applicable D&O insurance policy(ies), pursuant to the terms and conditions of such policy(ies), whether as an officer or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (biii) arising out of rights Company's failure to timely and fully satisfy its obligations under the Indemnification this Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant or (iv) any claims relating to Section 6.15 actions of the Employment Agreement. You do agree to waive your right to monetary Company occurring after the Resignation Date.
(c) The Company releases and discharges Employee from any and all claims of any nature and kind, known or other recovery should any claim be pursued with the EEOCunknown, state agencysuspected or unsuspected, past or present, including those related to, arising from, or attributed to, Employee's employment with Company. Notwithstanding anything in this Agreement to the contrary, the claims released by Company shall not encompass any other federal, state or local administrative agency your behalf claims Company may have against Employee (i) arising out of Employee's failure to timely and fully satisfy his obligations hereunder, (ii) relating to actions of the Employee occurring after the Resignation Date, and (iii) concerning theft, fraud, self dealing or related to your employment with and/or separation from the Companyembezzlement.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to any and all agreements, events, acts, omissions, acts or conduct executed or occurring at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended (the “ADEA”); the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA, nor shall it be deemed to affect a release of an Employment Agreement, sales commission plan or incentive compensation plan applicable any right to your employment with enforce the Company. Excluded from terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, Executive understands that this Release Agreement: (i) does not prohibit you preclude him from engaging challenging the validity of this Agreement, including the waiver and release provisions, under the ADEA; and (ii) does not waive any rights or claims which first arise after the Signature Date. Executive represents and warrants that Executive has not previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 1 contract
Samples: Separation and General Release Agreement (Comscore, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their affiliateseach of its employees, officers, directors, shareholders, agents, administratorspredecessors and successors in interest, servantsparents, employeessubsidiaries, attorneys, successors, parent, subsidiaries, and assigns, and affiliates (the “Released Party” or “Released PartiesCompany-Affiliates”), ) of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign Effective Date of this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Age Discrimination in Employment in Employment Act, 29 U.S.C. §§621, et seq., (as amended by the Older Workers’ Benefit Protection Act, 29 U.S.C. §626(f))), the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Fair Credit Reporting Act, the Worker Adjustment and New York Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, California Fair Employment and Housing Act (Cal. Gov’t Code §12900 et seq.); California Family Rights Act (Cal. Gov. Code §12945.2); California Spousal Military Leave Law (Cal. Mil. & Vet. Code §395.10); California WARN Act (Cal. Lab. Code §1400 et seq.); the California Labor LawCode, New York City Human Rights Law, and the New York Human Rights LawCalifornia Private Attorney General Act; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreementemployment agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, Executive also promise never directly or indirectly to bring or participate in an action against the Company or Company-Affiliates under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement are any claims (a) claims, which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out . The Release does not extend to claims for unemployment or workers’ compensation benefits or waive the Executive’s right to file an application for an award for original information submitted pursuant to Section 21F of rights under the Indemnification Agreement attached hereto as Schedule 3Securities Exchange Act of 1934. Moreover, this Release does not prohibit you Executive from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or the Department of Fair Employment and Housing or participating in the activities protected pursuant to Section 6.15 of the Employment Agreementan EEOC or state agency investigation and does not prohibit Executive from cooperating with an investigation by those or any other federal, state or local agency. You do agree Executive agrees to waive your his right to monetary or other recovery from the Company should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your on his behalf arising out of or related to your his employment with and/or separation from the Company. Nothing in this Agreement is intended to release or waive any rights you may have (i) under COBRA, (ii) to unemployment insurance benefits, (iii) to indemnification for any liabilities, attorney’s fees, costs and/or expenses pursuant to any applicable statutes including Labor Code section 2802, Certificates of Incorporation, By-laws or insurance policies of the Company, its affiliates or subsidiaries, or (iv) to enforce the terms of this agreement.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this Agreement, you Executive hereby releasereleases, acquit acquits and forever discharge the Parent, discharges the Company and their its affiliates, and their officers, directors, agents, administrators, servants, employees, attorneys, successorsshareholders, parentsuccessors and assigns (collectively, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, indemnities (except those indemnification rights excluded below) and obligations of every kind and nature, in law, equity, equity or otherwise, known and or unknown, suspected and or unsuspected, disclosed and undisclosed, arising out of or in any way related to any and all agreements, events, acts, omissions, acts or conduct executed or occurring at any time prior to and including the date you sign on which Executive executes this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your Executive’s employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation salary, incentive payments, commissions, stock, stock options, or benefits with any other ownership interests in the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended (the “ADEA”); the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)tort law; the federal Family Medical Leave Act, as amendedcontract law; the federal Worker Adjustment and Retraining Notification Act, as amendedwrongful discharge; the Employee Retirement Income Security Act of 1974, as amendeddiscrimination; and New York Labor Law, New York City Human Rights Law, and the New York Human Rights Lawharassment; (iv) all tort claims, including without limitation, claims for fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of implied good faith and fair dealing. Nothing in this Agreement shall be construed to prohibit Executive from commencing, instituting, participating, providing truthful information, or otherwise assisting in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; provided, however, that by signing this Agreement, Executive agrees to waive and release any right Executive may have to recover monetary relief or compensation from the Released Parties in connection with any such proceeding or investigation. For the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower or similar award. Further, this release shall not be deemed to affect a release of any claim that may not be released by law, including claims arising out rights to unemployment or workers compensation, and rights to vested benefits governed by ERISA or under any other of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from ’s employee benefit and incentive plans, nor shall it be deemed to affect a release of any right to enforce the terms of this Agreement are or any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights Executive may have to indemnification under the Indemnification Agreement (attached hereto as Schedule 3Exhibit B), the Company’s By-Laws or applicable law. Moreover, Executive understands that this Release Agreement: (i) does not prohibit you preclude him from engaging challenging the validity of this Agreement, including the waiver and release provisions, under the ADEA; and (ii) does not waive any rights or claims which first arise after the Signature Date. Executive represents and warrants that Executive has not previously filed or joined in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Companyreleased herein.
Appears in 1 contract
Samples: Separation and General Release Agreement (Comscore, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, the Company TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parentparents, subsidiaries, assigns, and affiliates (the each a “Released Party” or and together the “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, equity, stock options, restricted stock, or any other form of compensationcompensation or remuneration; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; Massachusetts Fair Employment Practices Law (Mass. Gen. Laws ch. 151B, §1 et seq.); Massachusetts Sexual Harassment Law (Mass. Gen. Laws ch. 214, §1C); Massachusetts Equal Pay Law (Mass. Gen. Laws ch. 149, §105A – C); Massachusetts Age Discrimination Law (Mass. Gen. Laws ch. 149, §24A et seq.); Massachusetts Family and New York Labor LawMedical Leave Law (Mass. Gen. Laws ch. 149, New York City Human Rights Law§52D); Massachusetts WARN Laws (Mass. Gen. Laws ch. 149, and the New York Human Rights Law§182; Mass. Gen. Laws ch. 151A, §71A-G) as amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. You understand and agree that this paragraph 14 specifically includes a waiver and release of claims that you have or may have regarding payments or amounts covered by the Massachusetts Wage Act or the Massachusetts Minimum Fair Wages Act (including, for instance, hourly wages, salary, overtime, minimum wages, commissions, vacation pay, holiday pay, sick leave pay, dismissal pay, bonus pay or severance pay), as well as Claims for retaliation under the Massachusetts Wage Act or the Massachusetts Minimum Fair Wages Act. In addition, to the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. Excluded from this Agreement your waiver and release are any claims or rights (ai) which by law cannot be waived in a private agreement between an employer and employee, and employee (bii) arising out of to enforce your rights under this Agreement (iii) for unemployment benefits; or (iv) regarding indemnification and/or defense related to any alleged acts or omissions through the Indemnification Agreement attached hereto as Schedule 3. Separation Date, whether under the Company’s organizing documents, liability insurance policies or agreements, or pursuant to applicable law Moreover, this Release your release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree agree, however, to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company.. Dxxxx Xxxxxxx March 17, 2016
Appears in 1 contract
Samples: Severance Agreement (Corindus Vascular Robotics, Inc.)
Release of All Claims. Except as otherwise set forth In consideration of the benefits described in this AgreementParagraph 2 above, you Executive hereby releaseREMISES, acquit RELEASES and forever discharge FOREVER DISCHARGES the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates Released Parties (the “Released Party” or “Released Parties”), of and defined below) from any and all claims, liabilitiescontracts, demands, causes of action, costs, expenses, judgments and expenses (including attorneys’ feesfees and costs of any kind), damageswhether known or unknown, indemnities, and obligations of every kind and nature, in law, equitywhich Executive has or may have against the Released Parties, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosedany of them, arising out of or in based on any way related to agreementstransaction, eventsoccurrence, actsmatter, omissionsevent, cause or conduct at any time thing whatsoever which has occurred prior to and including or on the date you sign Executive executes this Agreement. “Released Parties” includes the Company, and all of its affiliated entities (including but not limited to any subsidiary, division, business unit, parent, sister, partner and related companies or entities), predecessors and successors, and its and their past, present and future officers, directors, agents, employees, shareholders, members, managers, partners, attorneys, executors, employee benefit plans, insurers, assigns and other representatives of any kind. This general release includes, but is not limited to: (i) all causes of action, suits, debts, claims and demands whatsoever in law or in equity, which Executive ever had, now has, or hereafter may have, whether known or unknown, or which Executive’s heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, up to the date of Executive’s execution of this Agreement, and particularly, but without limitation of the foregoing general terms, any claims arising out of from or relating in any way connected with your to Executive’s employment relationship with the Company, or the terms and conditions of that employment relationship, and the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Companyemployment relationship, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, any claims for discrimination, harassment, retaliation, attorneys’ fees arising under any applicable Company severance or other claim supplemental unemployment benefits pay plan(s); (ii) claims arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); , Title VII of the federal Family Medical Leave ActCivil Rights Act of 1964, as amended; the federal Americans With Disabilities Act of 1990, as amended; the Civil Rights Act of 1991, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the National Labor Relations Act; the Occupational Safety and Health Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act of 1974, as amended; the Family and New York Labor LawMedical Leave Act of 1993, New York City Human Rights Lawas amended; state family and/or medical leave laws; state fair employment laws; state and federal wage and hour laws; state and/or local plant closing or mass layoff laws; Wisconsin state employment laws, and the New York Human Rights Lawas amended; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or and/or any other federal, state or local administrative agency your behalf law, statute or regulation; (iii) claims based on breach of contract (express or implied), tort, personal injury, misrepresentation, discrimination, retaliation, harassment, defamation, invasion of privacy or wrongful discharge; (iv) claims for bonuses, payments or benefits under any of the Company’s bonus, severance or incentive plans or fringe benefit programs or policies; and (v) any other claims arising out of or related to your connected with Executive’s employment with and/or or separation of employment from the Company. This release does not include a waiver of any claim that cannot legally be waived. Nothing in this Agreement bars a claim by Executive for unemployment compensation benefits to which Executive is entitled under an unemployment compensation law.
Appears in 1 contract
Release of All Claims. Except as otherwise set forth in this AgreementYou, you on behalf of yourself and your personal and legal representatives, heirs, executors, successors and assigns, hereby acknowledge full and complete satisfaction of, and fully and forever waive, release, acquit and forever discharge the Parent, the Company and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and Releasees from any and all claims, liabilities, demands, causes of action, costsdemands, expenses, attorneys’ feesliabilities, damages, indemnitiesobligations, and obligations debts (collectively referred to as “Claims”), of every kind and nature, in law, equity, whether known or otherwise, known and unknown, suspected and or unsuspected, disclosed and undisclosedor fixed or contingent, that you hold as of the date you sign this Agreement, or at any time previously held against any Releasee, arising out of any matter whatsoever (with the exception of breach of this Agreement). This release specifically includes, but is not limited to, any and all Claims:
a. Arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with or separation from the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance payHxxxxx Corporation, or any other form contract or agreement between you and the Company or Hxxxxx Corporation;
b. Arising under or based on Title VII of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; Section 1981 of the federal Civil Rights Act of 1866; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)National Labor Relations Act; the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amendedAct of 1988; the Employee Retirement Income Security Act of 1974; the Rehabilitation Act of 1973; the Occupational Safety and Health Act; the False Claims Act; the federal Whistleblower Protection Act and any state whistleblower protection statute;
c. Arising under or based on any other federal, as amendedstate, county or local law, statute, ordinance, decision, order, policy or regulation prohibiting employment discrimination; and New York Labor Law, New York City Human Rights Law, and providing for the New York Human Rights Lawpayment of wages or benefits (including overtime); (iv) all tort claims, including without limitation, or otherwise creating rights or claims for fraudemployees, defamationincluding, emotional distressbut not limited to, any and discharge in violation all claims alleging breach of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant obligation of good faith and fair dealing; or any express, including claims arising out implied, oral or written contract, handbook, manual, policy statement or employment practice; or alleging misrepresentation; defamation; libel; slander; interference with contractual relations; intentional or negligent infliction of an emotional distress; invasion of privacy; false imprisonment; assault; battery; fraud; negligence; or wrongful discharge; or
d. Arising under or based on the Age Discrimination in Employment AgreementAct of 1967 (“ADEA”), sales commission plan or incentive compensation plan applicable to your employment with as amended by the Company. Excluded from this Agreement are any claims Older Workers Benefit Protection Act (a) which by law cannot be waived in a private agreement between an employer and employee“OWBPA”), and (b) arising out alleging a violation thereof by any Releasee, at any time prior to the effective date of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging in the activities protected pursuant to Section 6.15 of the Employment Agreement. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Separation Agreement (Harris Stratex Networks, Inc.)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the ParentCompany, TriNet HR Corporation and the Company Company’s and their TriNet HR Corporation’s affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parentparents, subsidiaries, assigns, and affiliates (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, or conduct at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (i) claims and demands arising out of or in any way connected with your employment with the Company, or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family and Medical Leave Act, as amendedamended (“FMLA”); the federal Worker Adjustment and Retraining Notification Act, as amendedamended (“WARN”); the Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”); [Massachusetts Fair Employment Practices Law (Mass. Gen. Laws ch. 151B, §1 et seq.); Massachusetts Sexual Harassment Law (Mass. Gen. Laws ch. 214, §1C); Massachusetts Equal Pay Law (Mass. Gen. Laws ch. 149, §105A – C); Massachusetts Age Discrimination Law (Mass. Gen. Laws ch. 149, §24A et seq.);Massachusetts Family and New York Labor LawMedical Leave Law (Mass. Gen. Laws ch. 149, New York City Human Rights Law§52D); Massachusetts WARN Laws (Mass. Gen. Laws ch. 149, and the §182; Mass. Gen. Laws ch. 151A, §71A-G)] [New York Human Rights LawLaw (N.Y. Exec., §290 et seq.); New York Equal Pay Law (N.Y. Lab., §194); New York WARN Act (N.Y. Lab., §860, et seq.); New York Military Spousal Leave Law (N.Y. Lab., §202-i); Connecticut Fair Employment Practices Act (Conn. Gen. Stat. §46a-51 et seq.); Connecticut Equal Pay Laws (Conn. Gen. Stat. §§ 31-75 and 31-76); Connecticut Family and Medical Leave Law (Conn. Gen. Stat. §31-51kk et seq.); Connecticut WARN Law (Conn. Gen. Stat. §31-51n-o)] [Connecticut Fair Employment Practices Act (Conn. Gen. Stat. §46a-51 et seq.); Connecticut Equal Pay Laws (Conn. Gen. Stat. §§ 31-75 and 31-76); Connecticut Family and Medical Leave Law (Conn. Gen. Stat. §31-51kk et seq.); Connecticut WARN Law (Conn. Gen. Stat. §31-51n-o)]; (iv) all tort claims, including without limitation, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreementemployment agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. To the extent permitted by law, you also promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction. 0 Xxxxxxx Xxxxx, 0xx Xxxxx Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this Release does not prohibit you from engaging filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state agency in the activities protected pursuant to Section 6.15 of the Employment Agreementyour state or participating in an EEOC or state agency investigation. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company.
Appears in 1 contract
Samples: Separation and Release Agreement (Lincoln Benefit Life Co)
Release of All Claims. Except as otherwise set forth in this Agreement, you hereby release, acquit and forever discharge the Parent, the Company and their affiliatesits owners, officers, agents, administrators, servantsdirectors, employees, attorneysagents, successorsindependent contractors, members, executors, partners, joint venturers, administrators, parent, subsidiaries, assigns, associates, affiliates, and affiliates attorneys, as well as all persons or companies acting by, under, through or in concert with any of them (the “Released Party” or “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ ' fees, damages, indemnities, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts, omissions, acts or conduct at any time prior to and including the execution date you sign of this Agreement. This general release includes, including but is not limited to: (i) all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, Company or the termination of that employment; (ii) claims or demands related to your compensation or benefits with the Company, including but not limited to, wages, salary, bonuses, commissions, vacation payvacation, fringe benefits, expense reimbursements, incentive pay, severance separation pay, or any other form of compensationcompensation that you claim are due and the Company disputes; (iii) claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees or other claim arising under the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the federal Family Medical Leave Act, as amended; the federal Worker Adjustment and Retraining Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; the federal Family and New York Labor LawMedical Leave Act, New York City Human as amended (the “FMLA”); the federal Age Discrimination in Employment Act; the federal Older Workers Benefit Protection Act; the Lxxxx Xxxxxxxxx Fair Pay Act; the California Fair Employment and Housing Act, as amended; the California Family Rights LawAct, and the New York Human Rights Lawas amended; (iv) all tort claims, including without limitation, claims for law; contract law; wrongful discharge; discrimination; harassment; fraud, ; defamation, ; emotional distress, and discharge in violation of public policy; and (v) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing, including claims arising out of an Employment Agreement, sales commission plan or incentive compensation plan applicable to your employment with the Company. Excluded from this Agreement are any claims (a) which by law cannot be waived in a private agreement between an employer and employee, and (b) arising out of rights under the Indemnification Agreement attached hereto as Schedule 3. Moreover, this This Release does not prohibit you from engaging participating in the activities protected pursuant to Section 6.15 of the an Equal Employment AgreementOpportunity Commission (“EEOC”) or a federal, state or local administrative agency investigation or proceeding. You do agree to waive your right to monetary or other recovery should any claim be pursued with the EEOC, state agency, EEOC or any other federal, state or local administrative agency on your behalf arising out of or related to your employment with and/or separation from the Company. In addition, this Release shall not be construed in any way to waive any rights or benefits that may not be waived pursuant to applicable law.
Appears in 1 contract