Common use of Release of All Claims Clause in Contracts

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all of the foregoing, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, including, without limitation, fraud, duress, mistake, usury, tortious interference, negligence, and other matters of any kind whatsoever, of Borrowers had, have, may have or may in the future have against any one or more of the Bank Parties arising out of, for or by reason of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement, the Loan Agreement, the December Agreement, any Note, security document, other document, matter or thing relating thereto or to the Loans generally, any other past or present financing or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to be construed as an admission that any Claims exist or as an admission of liability of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged from any and all duties or obligations under or relating in any way to the Loan Agreement, the December Agreement, or related documents.

Appears in 1 contract

Samples: Workout Agreement (Quality Products Inc)

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Release of All Claims. Borrowers hereby jointly (a) In consideration of the above, and severallythe other promises set forth in this Release Agreement, for themselvesEmployee, their respective with the intention of binding himself, his heirs, family members, executors, administrators, legal representatives, successors representatives and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt of which is hereby acknowledged, release fully and forever discharge Bank waives, releases, acquits and discharges the Company and its employeescurrent and former owners, directors, officers, directorstrustees, agentsshareholders, accountantsmanagers, attorneys employees and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all of the foregoing, jointly and severally agents (collectively, the "Bank “Released Parties")”) from and for all manner of claims, of and from the following (collectively, the "Claims"): any and all actions, suits, charges, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the Separation Date which Employee now has, owns or holds, or has at any time heretofore had, owned or held against the Released Parties (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, grievances and/or causes of action arising under the Employment Agreement and Options granted under the Award Agreement and the Equity Plan, all claims, actions, suits, charges, grievances and/or causes of action for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorneys’ fees, judgments, executions, wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters classification recognized under all applicable discrimination laws, or any other claim or cause of any kind whatsoeveraction, of Borrowers hadwhich has or could have been alleged under the common law, havecivil rights statutes, may have or may in the future have against any one or more Title VII of the Bank Parties arising out ofCivil Rights Act of 1964, for or by reason the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Rehabilitation Act of or resulting from or in any way relating to1973, in whole or in partthe Americans with Disabilities Act, directly or indirectlyCOBRA, the Workers Adjustment Retraining Notification Act, the Equal Pay Act, the Uniformed Services Employment and Reemployment Rights Act, the National Labor Relations Act, any past and all federal, state or present actlocal statutes, omissionordinances and laws, matterand every type of relief (legal, cause or thing whatsoever, including, without limitation, equitable and otherwise) available to Employee. Nothing in this Agreement, the Loan Agreement, the December Agreement, any Note, security document, other document, matter or thing relating thereto or to the Loans generally, any other past or present financing or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to Release Agreement shall be construed as an admission that releasing the Released Parties from (i) any Claims exist claims arising after Employee signs this Release Agreement; (ii) any claims related to the enforcement of this Release Agreement; (iii) any rights or claims to any Base Salary accrued, but unpaid as an admission of liability of any of the Bank PartiesSeparation Date; and (eiv) agree that Bank hereby is forever discharged from any and all duties rights or obligations under claims to any benefits earned or relating in any way vested pursuant to the Loan Agreement, Company’s benefit plans as of the December Agreement, Separation Date; (v) any rights arising out of Employee’s ownership of shares of Capital Stock; (vi) any rights or related documentsclaims Employee may have to workers’ compensation or unemployment benefits; (vii) claims for indemnification in accordance with the Company’s by-laws and certificate of incorporation; and/or (viii) any claims that cannot be waived by law.

Appears in 1 contract

Samples: Release Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt In consideration of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliatesthe above, and the heirsother promises set forth in this Release, executorsEmployee fully and forever waives, administratorsreleases, successors acquits and assigns discharges Employer from and for all manner of all of the foregoingclaims, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, suits, charges, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the effective date of this Release relating to and/or arising out of the Employment Agreement, Employee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, grievances and/or causes DocuSign Envelope ID: 4E0DE264-57B1-499F-AFA7-F6AD50F64C1A of action for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, executions, wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters classification recognized under all applicable discrimination laws, or any other claim or cause of any kind whatsoeveraction, of Borrowers hadwhich has or could have been alleged under the common law, havecivil rights statutes, may have or may in the future have against any one or more Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Older Workers Benefits Protection Act (“OWBPA”), the Americans with Disabilities Act (“ADA”), The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law, and any Noteand all other federal, security documentstate, other documentlocal statutes, ordinances, and laws, and every type of relief (legal, equitable and otherwise), available to Employee. Employee covenants and agrees that she will not pursue or allege any claim, matter or thing relating thereto or cause of action in violation of, and/or released under, this Release. Nothing in this Release shall be construed as releasing Employer from, and the Released Claims shall not include: (a) any obligation to pay those amounts due to Employee under Section 5(a) of the Employment Agreement, subject to the Loans generally, any other past terms and conditions thereof; (b) Employee’s rights to enforce the terms of the Employment Agreement that survive the termination of the Employment Period (as defined in the Employment Agreement) or present financing or banking transactions between Bank and the BorrowersEmployment Agreement; (c) agree Employee’s rights described in Section 5(d) of the Employment Agreement; (d) Employee’s non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of ERISA), (e) Employee’s right to indemnification or exculpation under the Employment Agreement, Employer’s policies or law with respect to Employee’s service as a director or officer of Employer (including without limitation any such rights under Employer’s Certificate of Incorporation, By-laws and Directors and Officers Liability Insurance coverage); (f) any claims for wages that are due and owing to Employee; (g) any claims that by law cannot be waived by private agreement without judicial or governmental supervision; or (h) Employee’s right to commence, aid, cause, permit, join in, prosecute file a charge with or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit investigation or proceeding arises from conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”) or relates tosimilar government agency; provided that even though Employee can file a charge or participate in an investigation or proceeding conducted by the EEOC or similar government agency, in whole or in partby executing this Release, any of the Claims; (d) acknowledge that nothing contained herein Employee is waiving her ability to be construed as an admission that any Claims exist or as an admission of liability obtain relief of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged kind from any and all duties or obligations under or relating in any way Employer to the Loan Agreement, the December Agreement, or related documentsextent permitted by law.

Appears in 1 contract

Samples: Letter Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers In exchange for the payments set forth in Paragraphs 1 and 2, the reference letter provided in Paragraph 4, and the release from the non-competition covenant described in Paragraph 5 of this Agreement, Executive hereby jointly and severallyagrees for Executive, for themselves, their respective heirs, executors, administrators, legal representatives, successors Executive’s heirs and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt of which is hereby acknowledgedto release, release acquit and forever discharge Bank Employer, its subsidiaries and its employeesaffiliates, and all of their stockholders, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directorsattorneys, agents, accountants and attorneys of such parent companiesinsurers, subsidiaries and affiliatessuccessors, and the heirs, executors, administrators, successors and assigns of all of the foregoing, jointly and severally (collectivelycollectively or individually, the "Bank “Released Parties"), of and ”) from the following (collectively, the "Claims"): any and all claims, demands, actions, causes of actionactions, suitsdamages (both actual and punitive), debts, accounts, obligations, defenses, offsets, counterclaims, damagescosts, judgments, claimsexpenses, demands and liabilities liabilities, attorneys’ fees, legal costs or other compensation, or suits at law or in equity of any whatsoever kind or character whatsoevernature, whether based upon tort, contract or operation of law, whether known or unknown, suspected or unsuspectedwhether asserted or unasserted, in contract which Executive or in tort, in law Executive’s heirs or in equity, including, without limitation, fraud, duress, mistake, usury, tortious interference, negligence, and other matters of any kind whatsoever, of Borrowers had, have, personal representatives may now have or may in the future have against any one or more of the Bank Parties assert arising out of, for or by reason of or resulting from or in any way relating Executive’s employment and/or termination of employment with Employer including, but not limited to, breach of contract, whether express or implied, discrimination in whole or in part, directly or indirectlyemployment, any past claims of retaliation, negligence and intentional conduct of any sort, claims based upon sex, race, national origin, religion, handicapped or present actdisability discrimination, omissionlabor protective provisions or conditions, matterseverance pay, cause wrongful or thing whatsoeverconstructive discharge, includingfraud, without limitationintentional infliction of emotional distress, this Agreementor any claim arising out of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Loan AgreementAmericans With Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the December AgreementEmployment Retirement Security Act, any Note29 U.S.C. §§ 1001 et seq., security documentExecutive Order 11246, other documentthe Rehabilitation Act of 1973, matter 29 U.S.C. §§ 701 et seq., as those statutes may have been amended from time to time, or thing relating thereto or to the Loans generally, any other past federal, state or present financing local law, ordinance, regulation or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to be construed as an admission that any Claims exist or as an admission of liability of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged from any and all duties or obligations under or relating in any way to the Loan Agreement, the December Agreement, or related documentsorder.

Appears in 1 contract

Samples: Separation Agreement and General Release (M&f Bancorp Inc /Nc/)

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt In consideration of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliatesthe above, and the heirsother promises set forth in this Release, executorsEmployee fully and forever waives, administratorsreleases, successors acquits and assigns discharges Employer from and for all manner of all of the foregoingclaims, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, suits, charges, demands, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the date of Employee’s execution of this Release relating to and/or arising out of the Employment Agreement, Employee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, demands, grievances and/or causes of action (x) for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, and executions, (y) alleging wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters of any kind whatsoeverclassification recognized under all applicable discrimination laws, of Borrowers hador (z) brought under common law or civil rights or other statutes, have, may have or may in the future have against any one or more including Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”) (as amended by the Older Workers Benefits Protection Act (“OWBPA”)), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law, the New Jersey Law Against Discrimination (“NJLAD”), the New Jersey Conscientious Employee Protection Act (“CEPA”), and any Noteand all other federal, security documentstate, other documentlocal statutes, ordinances, and laws, and every type of relief (legal, equitable and otherwise), available to Employee. Employee covenants and agrees that he will not pursue or allege any claim, matter or thing relating thereto cause of action in violation of, and/or released under, this Release. Notwithstanding the foregoing or anything contained below, nothing in this Release shall be construed as releasing Employer from, and the Released Claims shall not include: (a) any obligation to pay those amounts due to Employee under Section 5(a) or 5(b) of the Employment Agreement, subject to the Loans generally, any other past terms and conditions thereof; (b) Employee’s rights to enforce the terms of the Employment Agreement that survive the termination of the Employment Period (as defined in the Employment Agreement) or present financing or banking transactions between Bank and the BorrowersEmployment Agreement; (c) agree Employee’s rights described in Section 5(e) of the Employment Agreement; (d) Employee’s non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of ERISA), (e) Employee’s right to indemnification or exculpation under the Employment Agreement, Employer’s policies or law with respect to Employee’s service as a director or officer of Employer (including without limitation any such rights under Employer’s Certificate of Incorporation, By-laws and Directors and Officers Liability Insurance coverage); (f) any claims that by law cannot be waived by private agreement without judicial or governmental supervision; or (g) Employee’s right to commence, aid, cause, permit, join in, prosecute file a charge with or participate in any suit investigation or proceeding conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”) or other proceeding government agency; provided that even though Employee can file a charge or participate in a position adverse to any of the Bank Parties, which suit an investigation or proceeding arises from conducted by the EEOC or relates toother government agency, in whole or in partby executing this Release, any of the Claims; (d) acknowledge that nothing contained herein Employee is waiving his ability to be construed as an admission that any Claims exist or as an admission of liability obtain relief of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged kind from any and all duties or obligations under or relating in any way Employer to the Loan Agreement, the December Agreement, or related documentsextent permitted by law.

Appears in 1 contract

Samples: Letter Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt In consideration of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliatesthe above, and the heirsother promises set forth in this Release, executorsEmployee fully and forever waives, administratorsreleases, successors acquits and assigns discharges Employer from and for all manner of all of the foregoingclaims, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, suits, charges, demands, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the date of Employee’s execution of this Release relating to and/or arising out of the Employment Agreement, Employee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, demands, grievances and/or causes of action (x) for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, and executions, (y) alleging wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters of any kind whatsoeverclassification recognized under all applicable discrimination laws, of Borrowers hador (z) brought under common law or civil rights or other statutes, have, may have or may in the future have against any one or more including Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”) (as amended by the Older Workers Benefits Protection Act (“OWBPA”)), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the 2421587v6 Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law, the New Jersey Law Against Discrimination (“NJLAD”), the New Jersey Conscientious Employee Protection Act (“CEPA”), and any Noteand all other federal, security documentstate, other documentlocal statutes, ordinances, and laws, and every type of relief (legal, equitable and otherwise), available to Employee. Employee covenants and agrees that he will not pursue or allege any claim, matter or thing relating thereto cause of action in violation of, and/or released under, this Release. Notwithstanding the foregoing or anything contained below, nothing in this Release shall be construed as releasing Employer from, and the Released Claims shall not include: (a) any obligation to pay those amounts due to Employee under Section 5(a) of the Employment Agreement, subject to the Loans generally, any other past terms and conditions thereof; (b) Employee’s rights to enforce the terms of the Employment Agreement that survive the termination of the Employment Period (as defined in the Employment Agreement) or present financing or banking transactions between Bank and the BorrowersEmployment Agreement; (c) agree Employee’s rights described in Section 5(d) of the Employment Agreement; (d) Employee’s non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of ERISA), (e) Employee’s right to indemnification or exculpation under the Employment Agreement, Employer’s policies or law with respect to Employee’s service as a director or officer of Employer (including without limitation any such rights under Employer’s Certificate of Incorporation, By-laws and Directors and Officers Liability Insurance coverage); (f) any claims that by law cannot be waived by private agreement without judicial or governmental supervision; or (g) Employee’s right to commence, aid, cause, permit, join in, prosecute file a charge with or participate in any suit investigation or proceeding conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”) or other proceeding government agency; provided that even though Employee can file a charge or participate in a position adverse to any of the Bank Parties, which suit an investigation or proceeding arises from conducted by the EEOC or relates toother government agency, in whole or in partby executing this Release, any of the Claims; (d) acknowledge that nothing contained herein Employee is waiving his ability to be construed as an admission that any Claims exist or as an admission of liability obtain relief of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged kind from any and all duties or obligations under or relating in any way Employer to the Loan Agreement, the December Agreement, or related documentsextent permitted by law.

Appears in 1 contract

Samples: Tyme Technologies, Inc.

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt In consideration of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliatesthe above, and the heirsother promises set forth in this Release, executorsEmployee fully and forever waives, administratorsreleases, successors acquits and assigns discharges Employer from and for all manner of all of the foregoingclaims, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, suits, charges, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the effective date of this Release relating to and/or arising out of the Employment Agreement, Employee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, grievances and/or causes of action for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, executions, wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters classification recognized under all applicable discrimination laws, or any other claim or cause of any kind whatsoeveraction, of Borrowers hadwhich has or could have been alleged under the common law, havecivil rights statutes, may have or may in the future have against any one or more Title VII of the Bank Parties arising out ofCivil Rights Act of 1964 (“Title VII”), for or by reason the Age Discrimination in Employment Act (“ADEA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of or resulting from or in any way relating to1973, in whole or in partthe Older Workers Benefits Protection Act (“OWBPA”), directly or indirectlythe Americans with Disabilities Act (“ADA”), The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), any past and all federal, state, local statutes, ordinances, and laws, and every type of relief (legal, equitable and otherwise), available to Employee. Employee covenants and agrees that he will not pursue or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement, the Loan Agreement, the December Agreement, allege any Note, security document, other documentclaim, matter or thing relating thereto or cause of action in violation of, and/or released under, this Release. Nothing in this Release shall be construed as releasing Employer from, and the Released Claims shall not include: (a) any obligation to pay those amounts due to Employee under Section 5(a) of the Employment Agreement, subject to the Loans generally, any other past or present financing or banking transactions between Bank terms and conditions thereof; (b) Employee’s rights to enforce the Borrowersterms of the Employment Agreement that survive the termination of the Employment Period (as defined in the Employment Agreement); (c) agree Employee’s rights described in Section 5(d) of the Employment Agreement; (d) Employee’s non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of ERISA), (e) Employee’s right to indemnification or exculpation under the Employment Agreement, Employer’s policies or law with respect to Employee’s service as a director or officer of Employer; (f) any claims for wages that are due and owing to Employee; (g) any claims that by law cannot be waived by private agreement without judicial or governmental supervision; or (h) Employee’s right to commence, aid, cause, permit, join in, prosecute file a charge with or participate in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit investigation or proceeding arises from conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”) or relates tosimilar government agency; provided that even though Employee can file a charge or participate in an investigation or proceeding conducted by the EEOC or similar government agency, in whole or in partby executing this Release, any of the Claims; (d) acknowledge that nothing contained herein Employee is waiving his ability to be construed as an admission that any Claims exist or as an admission of liability obtain relief of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged kind from any and all duties or obligations under or relating in any way Employer to the Loan Agreement, the December Agreement, or related documentsextent permitted by law.

Appears in 1 contract

Samples: Letter Agreement (Tyme Technologies, Inc.)

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Release of All Claims. Borrowers hereby jointly In consideration of the above, and severallythe other promises set forth in this Release, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt of which is hereby acknowledged, release Employee fully and forever discharge Bank waives, releases, acquits and discharges Employer and each and every of its employeessubsidiaries and related or affiliated entities (together, the “Entities”), and each of the Entities’ current and former directors, officers, directorsshareholders, agentsmembers, accountantspartners, attorneys and parent companiesemployees, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all of the foregoing, jointly and severally (collectively, the "Bank “Released Parties")”) from and for all manner of claims, of and from the following (collectively, the "Claims"): any and all actions, suits, charges, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, includingexisting by reason of and/or based upon any fact or set of facts, without limitationknown or unknown, fraudexisting from the beginning of time through the date of Employee’s execution of this Release relating to and/or arising out any matter or subject, duressincluding but not limited to the Employment Agreement, mistakeEmployee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, usurythe “Released Claims”). The Released Claims include, but are not limited to, all claims, actions, suits, charges, grievances and/or causes of action for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, executions, wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters classification recognized under all applicable discrimination laws, or any other claim or cause of any kind whatsoeveraction, of Borrowers hadwhich has or could have been alleged under the common law, havecivil rights statutes, may have or may in the future have against any one or more Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Older Workers Benefits Protection Act (“OWBPA”), the Americans with Disabilities Act (“ADA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York State Labor Law, and all other federal, state, local statutes, ordinances, and laws, and every type of relief, (legal, equitable and otherwise) available to Employee. Subject to Section 10 below, Employee covenants and agrees that he will not pursue or allege any Note, security document, other documentclaim, matter or thing relating thereto or to cause of action in violation of, and/or released under, this Release. Notwithstanding the Loans generallyforegoing, any other past or present financing or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate nothing in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to this Release shall be construed as an admission that any Claims exist or as an admission of liability of any releasing Employer from its obligation to pay those amounts due to Employee under Section 5(a) of the Bank Parties; and (e) agree that Bank hereby is forever discharged from any and all duties or obligations under or relating in any way Employment Agreement, subject to the Loan Agreementterms and conditions thereof, the December Agreement, which obligation is not a Released Claim. Nor is this Release intended to release claims arising from facts occurring after Employee executes this Release or related documentsthat may not be released as a matter of law.

Appears in 1 contract

Samples: Letter Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers hereby jointly and severally, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt In consideration of which is hereby acknowledged, release and forever discharge Bank and its employees, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliatesthe above, and the heirsother promises set forth in this Release, executorsEmployee fully and forever waives, administratorsreleases, successors acquits and assigns discharges Employer from and for all manner of all of the foregoingclaims, jointly and severally (collectively, the "Bank Parties"), of and from the following (collectively, the "Claims"): any and all actions, suits, charges, demands, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, existing by reason of and/or based upon any fact or set of facts, known or unknown, existing from the beginning of time through the date of Employee’s execution of this Release relating to and/or arising out of the Employment Agreement, Employee’s employment with Employer and/or the cessation of Employee’s employment with Employer ACTIVE.125427969.08 (collectively, the “Released Claims”), including, without limitationbut not limited to, fraudall claims, duressactions, mistakesuits, usurycharges, demands, grievances and/or causes of action (x) for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, and executions, (y) alleging wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters of any kind whatsoeverclassification recognized under all applicable discrimination laws, of Borrowers hador (z) brought under common law or civil rights or other statutes, have, may have or may in the future have against any one or more including Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”) (as amended by the Older Workers Benefits Protection Act (“OWBPA”)), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law, the New Jersey Law Against Discrimination (“NJLAD”), the New Jersey Conscientious Employee Protection Act (“CEPA”), and any Noteand all other federal, security documentstate, other documentlocal statutes, ordinances, and laws, and every type of relief (legal, equitable and otherwise), available to Employee. Employee covenants and agrees that he will not pursue or allege any claim, matter or thing relating thereto cause of action in violation of, and/or released under, this Release. Notwithstanding the foregoing or anything contained below, nothing in this Release shall be construed as releasing Employer from, and the Released Claims shall not include: (a) any obligation to pay those amounts due to Employee under Section 5(a) or 5(b) of the Employment Agreement, subject to the Loans generally, any other past terms and conditions thereof; (b) Employee’s rights to enforce the terms of the Employment Agreement that survive the termination of the Employment Period (as defined in the Employment Agreement) or present financing or banking transactions between Bank and the BorrowersEmployment Agreement; (c) agree Employee’s rights described in Section 5(e) of the Employment Agreement; (d) Employee’s non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of ERISA), (e) Employee’s right to indemnification or exculpation under the Employment Agreement, Employer’s policies or law with respect to Employee’s service as a director or officer of Employer (including without limitation any such rights under Employer’s Certificate of Incorporation, By-laws and Directors and Officers Liability Insurance coverage); (f) any claims that by law cannot be waived by private agreement without judicial or governmental supervision; or (g) Employee’s right to commence, aid, cause, permit, join in, prosecute file a charge with or participate in any suit investigation or proceeding conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”) or other proceeding government agency; provided that even though Employee can file a charge or participate in a position adverse to any of the Bank Parties, which suit an investigation or proceeding arises from conducted by the EEOC or relates toother government agency, in whole or in partby executing this Release, any of the Claims; (d) acknowledge that nothing contained herein Employee is waiving his ability to be construed as an admission that any Claims exist or as an admission of liability obtain relief of any of the Bank Parties; and (e) agree that Bank hereby is forever discharged kind from any and all duties or obligations under or relating in any way Employer to the Loan Agreement, the December Agreement, or related documentsextent permitted by law.

Appears in 1 contract

Samples: Letter Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers hereby jointly In consideration of the above, and severallythe other promises set forth in this Release, for themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns: (a) acknowledge that no Borrower has any Claims (as herein defined) against Bank; (b) for good and valuable consideration, receipt of which is hereby acknowledged, release Employee fully and forever discharge Bank waives, releases, acquits and discharges Employer and each and every of its employeessubsidiaries and related or affiliated entities (together, the “Entities”), and each of the Entities’ current and former directors, officers, directorsshareholders, agentsmembers, accountantspartners, attorneys and parent companiesemployees, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all of the foregoing, jointly and severally (collectively, the "Bank “Released Parties")”) from and for all manner of claims, of and from the following (collectively, the "Claims"): any and all actions, suits, charges, grievances and/or causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, includingexisting by reason of and/or based upon any fact or set of facts, without limitationknown or unknown, fraudexisting from the beginning of time through the date of Employee’s execution of this Release relating to and/or arising out any matter or subject, duressincluding but not limited to the Employment Agreement, mistakeEmployee’s employment with Employer and/or the cessation of Employee’s employment with Employer (collectively, usurythe “Released Claims”). The Released Claims include, but are not limited to, all claims, actions, suits, charges, grievances and/or causes of action for wages, compensation, liquidated damages, commissions, bonuses, benefits, sums of money, damages of every type, costs, attorney fees, judgments, executions, wrongful discharge, breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, tortious interferenceinterference with contract or business relationships, assault, battery, invasion of privacy, misappropriation of trade secrets, promissory estoppel, unjust enrichment, loss of consortium, violation of the penal statutes, negligent or intentional infliction of emotional distress, negligence, and defamation, retaliation and/or discrimination and/or harassment on account of age, sex, sexual orientation, creed, religion, race, color, national origin, sensory disability, mental disability, physical disability, veteran or military status, marital status, or any other matters classification recognized under all applicable discrimination laws, or any other claim or cause of any kind whatsoeveraction, of Borrowers hadwhich has or could have been alleged under the common law, havecivil rights statutes, may have or may in the future have against any one or more Title VII of the Bank Parties arising out of, for or by reason Civil Rights Act of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement1964 (“Title VII”), the Loan AgreementAge Discrimination in Employment Act (“ADEA”), the December AgreementFamily and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Rehabilitation Act of 1973, the Older Workers Benefits Protection Act (“OWBPA”), the Americans with Disabilities Act (“ADA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Workers Adjustment Retraining Notification Act (“WARN”), the Equal Pay Act (“EPA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act (“NLRA”), the New York State Human Rights Law, the New York City Human Rights Law, the New York State Labor Law, and all other federal, state, local statutes, ordinances, and laws, and every type of relief, (legal, equitable and otherwise) available to Employee. Subject to Section 10 below, Employee covenants and agrees that he will not pursue or allege any Note, security document, other documentclaim, matter or thing relating thereto or to cause of action in violation of, and/or released under, this Release. Notwithstanding the Loans generallyforegoing, any other past or present financing or banking transactions between Bank and the Borrowers; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate nothing in any suit or other proceeding in a position adverse to any of the Bank Parties, which suit or proceeding arises from or relates to, in whole or in part, any of the Claims; (d) acknowledge that nothing contained herein is to this Release shall be construed as an admission that any Claims exist releasing Employer from its obligation to pay those amounts due to Employee under Section 5(a) or as an admission of liability of any 5(d) of the Bank Parties; and (e) agree that Bank hereby is forever discharged from any and all duties or obligations under or relating in any way Employment Agreement, subject to the Loan Agreementterms and conditions thereof, the December Agreement, which obligation is not a Released Claim. Nor is this Release intended to release claims arising from facts occurring after Employee executes this Release or related documentsthat may not be released as a matter of law.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Tyme Technologies, Inc.)

Release of All Claims. Borrowers In consideration of the payments stated in Section 7.4 of the Employment Agreement and Section 1 above and for other good and valuable consideration, the receipt and sufficiency of which are hereby jointly and severallyacknowledged, Xx. XxXxxxxx, for themselves, their respective himself and for his heirs, executorsassigns, administratorsand all persons and entities claiming by, legal representativesthrough, successors or under him, hereby irrevocably, unconditionally, and assignscompletely releases, discharges, and agrees to hold Altair and its Affiliates (hereinafter referred to, both individually and collectively, as “Releasees”), harmless of and from any and all claims, liabilities, charges, demands, grievances, and causes of action of any kind or nature whatsoever, including without limitation claims for contribution, subrogation, or indemnification, whether direct or indirect, liquidated or unliquidated, known or unknown, which Xx. XxXxxxxx had, has, or may claim to have against Releasees (hereinafter collectively referred to as “Claim(s)”). The release, discharge, and agreement to hold harmless set forth in this Section 4 includes, without limitation, any Claim(s) that Xx. XxXxxxxx has, had, or may claim to have against Releasees: (a) acknowledge that no Borrower has any Claims for wrongful termination or discharge, negligent or intentional infliction of emotional distress, promissory estoppel, fraudulent or negligence inducement, interference with contract or business expectations, breach of express or implied contract of employment, termination in violation of public policy, whistleblowing, defamation, employment-related torts, or personal injury (as herein defined) against Bankwhether physical or mental); (b) for good and valuable considerationany Claim(s) arising under federal, receipt of which is hereby acknowledgedstate, release and forever discharge Bank and its employeesor local law, officers, directors, agents, accountants, attorneys and parent companies, and all direct and indirect subsidiaries and affiliates of such parent companies and all employees, officers, directors, agents, accountants and attorneys of such parent companies, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assigns of all including without limitation Title VII of the foregoing, jointly and severally (collectivelyCivil Rights Act of 1964, the "Bank Parties"), Civil Rights Act of and from the following (collectively1991, the "Claims"): any and all actionsNevada Fair Employment Practices Act, causes of action, suits, debts, accounts, obligations, defenses, offsets, counterclaims, damages, judgments, claims, demands and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, in law or in equity, including, without limitation, fraud, duress, mistake, usury, tortious interference, negligence, and other matters of any kind whatsoever, of Borrowers had, have, may have or may in the future have against any one or more of the Bank Parties arising out of, for or by reason of or resulting from or in any way relating to, in whole or in part, directly or indirectly, any past or present act, omission, matter, cause or thing whatsoever, including, without limitation, this Agreement, the Loan Agreement, the December Agreement, any Note, security document, other document, matter or thing relating thereto or to the Loans generally, any other past federal, state, or present financing local law prohibiting discrimination on the basis of race, color, religion, sex, sexual orientation, age, national origin, disability, or banking transactions between Bank and the Borrowersany other protected group status; (c) agree not to commence, aid, cause, permit, join in, prosecute or participate for any Claim(s) arising under the Age Discrimination in any suit or other proceeding in a position adverse to any of the Bank PartiesEmployment Act, which suit or proceeding arises from or relates to, in whole or in part, any of the Claimsprotects employees age 40 and over; (d) acknowledge that nothing contained herein is to be construed as an admission that for any Claims exist or as an admission of liability of any of the Bank PartiesClaim(s) for attorney’s fees and/or costs; and (e) agree that Bank hereby is forever discharged for any Claim(s) arising from any and all duties or obligations under or relating in any way respect to Xx. XxXxxxxx'x employment with Altair or with any Affiliate or the termination of that employment; and (f) for any Claim(s) arising from or relating to the Loan Employment Agreement, the December Agreement, or related documents.

Appears in 1 contract

Samples: Separation Agreement and Release of All (Altair Nanotechnologies Inc)

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