Common use of Release of Claims against the Company Clause in Contracts

Release of Claims against the Company. In consideration of the foregoing, Ms. Xxxxxxxx xxxeby releases, acquits, and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, partners, successors, assigns, affiliates, customers, and clients 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, acts or conduct at any time prior to the Separation Date, including, but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with the Company's employment of Ms. Xxxxxxxx, xxe termination of that employment, the Company's performance of its obligations as her former employer, and any claims arising from the Employment Agreement or her offer letter; claims or demands related to salary, bonuses, commissions, stock, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the California Fair Employment and Housing Act, the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act of 1967, as amended; the federal Americans With Disabilities Act; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing. Notwithstanding the above, Ms. Xxxxxxxx xx not hereby releasing any claims Ms. Xxxxxxxx xxx have (i) under this Agreement; (ii) for indemnification pursuant to and in accordance with the applicable statutes, the applicable terms of the charters, articles of incorporation or bylaws of the Company, any insurance policies maintained by the Company which afford coverage to Ms. Xxxxxxxx; (xii) for rights or claims Ms. Xxxxxxxx xxx have pursuant to any applicable stock option plans or stock option agreements Ms. Xxxxxxxx xxx have with the Company; and (iv) for any criminal, grossly negligent or fraudulent conduct on the part of the Company, other than by her own conduct, which creates liability on the part of Ms. Xxxxxxxx. Xxr the sake of clarity, Ms. Xxxxxxxx xxxressly agrees that the provisions of this Section 17, including part (iv) herein, shall not be interpreted to permit Ms. Xxxxxxxx xx make a claim against the Company that is related to termination of her employment with the Company or the Company's performance of its obligations as her former employer,

Release of Claims against the Company. In consideration of the foregoing, Ms. Xxxxxxxx Dr. Xxxxxxx xxxeby releases, acquits, and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, partners, successors, assigns, affiliates, customers, and clients 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, acts or conduct at any time prior to the Separation Date, including, but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with the Company's employment of Ms. XxxxxxxxDr. Xxxxxxx, xxe termination of that employment, the Company's performance of its obligations as her his former employer, and any claims arising from the Employment Agreement or her his offer letter; claims or demands related to salary, bonuses, commissions, stock, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the California Fair Employment and Housing Act, the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act of 1967, as amended; the federal Americans With Disabilities Act; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing. Notwithstanding the above, Ms. Xxxxxxxx Dr. Xxxxxxx xx not hereby releasing any claims Ms. Xxxxxxxx Dr. Xxxxxxx xxx have (i) under this Agreement; (ii) for indemnification pursuant to and in accordance with the applicable statutes, the applicable terms of the charters, articles of incorporation or bylaws of the Company, any insurance policies maintained by the Company which afford coverage to Ms. XxxxxxxxDr. Xxxxxxx; (xii) for rights or claims Ms. Xxxxxxxx Dr. Xxxxxxx xxx have pursuant to any applicable stock option plans or stock option agreements Ms. Xxxxxxxx Dr. Xxxxxxx xxx have with the Company; and (iv) for any criminal, grossly negligent or fraudulent conduct on the part of the Company, other than by her his own conduct, which creates liability on the part of Ms. XxxxxxxxDr. Xxxxxxx. Xxr the sake of clarity, Ms. Xxxxxxxx Dr. Xxxxxxx xxxressly agrees that the provisions of this Section 17, including part (iv) herein, shall not be interpreted to permit Ms. Xxxxxxxx Dr. Xxxxxxx xx make a claim against the Company that is related to termination of her his employment with the Company or the Company's performance of its obligations as her his former employer,, any claims arising from the Employment Agreement, or any form of compensation he received as an employee.

Release of Claims against the Company. In consideration For good and valuable consideration, including the payments and benefits set forth in the Agreement, dated October 15, 2002 (the "Agreement"), of which this Release forms a part, which includes special enhancements to which the Employee would not otherwise be entitled under current company policies, plans, and guidelines, the Employee hereby knowingly, voluntarily, and willingly releases, discharges, and covenants not to xxx the Company and its direct and indirect parents, subsidiaries, affiliates and related companies, past and present, as well as each of its and their directors, officers, employees, agents of the foregoing, Ms. Xxxxxxxx xxxeby releasesrepresentatives, acquitsadvisers, including, members of the Scientific Advisory Board and forever discharges Viral Advisory Board of the Company, its parents and subsidiariesattorneys, trustees, insurers, assigns, successors, and their officers, directors, agents, servantspast and present (collectively hereinafter referred to as the "Released Parties"), employeesfrom and with respect to any and all actions, attorneysclaims, shareholdersor lawsuits, partnerswhether known or unknown, suspected or unsuspected, in law or in equity, which the Employee, and his heirs, executors, administrators, successors, assigns, affiliatesdependents, customersdescendants, and clients of and from any and all claimsattorneys ever had, liabilities, demands, causes of action, costs, expenses, attorneys' fees, damages, indemnities and obligations of every kind and nature, in law, equitynow have, or otherwisehereafter can, known and unknown, suspected and unsuspected, disclosed and undisclosedshall or may have against the Released Parties, arising out of or in any way related to agreements, acts or conduct at any time prior relating to the Separation DateEmployee's employment by the Company and its subsidiaries and affiliates, his separation from that employment, including, but not limited to: without limitation, the following: a. any and all such claims and demands directly or indirectly arising out of contract (whether oral or in any way connected with the Company's employment of Ms. Xxxxxxxxwritten, xxe termination of that employmentexpress or implied), statute (including, without limitation, the Company's performance Unfair Dismissals Act 1977-1993, the Redundancy Payments Act 1967-1991, the Minimum Notice and Terms of its obligations as her former employerEmployment Acts, 1973-1991, the Organization of Working Time Xxx 0000, and the Employment Equality Act 1998), common law or otherwise; b. any and all claims arising from under the Employment Agreement or her offer letter; claims or demands related to salaryEmployee Retirement Income Security Act of 1974, bonusesthe Civil Rights Acts of 1866 and 1867, commissionsTitle VII of the Civil Rights Act of 1964, stockas amended, or any other ownership interests in the CompanyCivil Rights and Women's Equity Act of 1991, vacation paySections 1981 through 1988 of Title 42 of the United States Code, fringe benefitsas amended, expense reimbursementsthe Occupational Safety and Health Act of 1970, severance paythe Consolidated Omnibus Budget Reconciliation Act of 1985, or any form the Family and Medical Leave Act of compensation; claims pursuant to any federal1993, state or local law or cause the Worker Adjustment and Retraining Notification Act of action including1988, but not limited tothe Vocational Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Americans with Disabilities Act, the Fair Labor Standards Act and the National Labor Relations Act, as amended, the California Fair Employment and Housing Act, the federal California Xxxxx Civil Rights Act of 1964Act, as amended; the California Equal Pay Law, any other federal Age Discrimination or state anti-discrimination law or any local or municipal ordinance relating to discrimination in Employment Act of 1967, as amended; employment or human rights and under the federal Americans With Disabilities Act; tort common law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; or c. any and breach of all claims for salary, bonus, severance pay, pension, vacation pay, life insurance, health or medical insurance, or any other fringe benefits, other than the implied covenant of good faith payments and fair dealing. Notwithstanding the above, Ms. Xxxxxxxx xx not hereby releasing any claims Ms. Xxxxxxxx xxx have (i) under this Agreement; (ii) benefits provided for indemnification pursuant to and in or in accordance with the applicable statutesAgreement. The Employee acknowledges that he may hereafter discover claims or facts in addition to or different from those which he now knows or believes to exist with respect to the subject matter of this Release and which, if known or suspected at the time of executing this Release, may have materially affected this Release or his decision to enter into it. Nevertheless, the applicable terms Employee hereby waives any right, claim, or cause of the charters, articles action that might arise as a result of incorporation such different or bylaws of the Company, additional claims or facts and Employee hereby expressly waives any insurance policies maintained and all rights and benefits conferred upon Employee by the Company which afford coverage to Ms. Xxxxxxxx; (xii) for rights or claims Ms. Xxxxxxxx xxx have pursuant to any applicable stock option plans or stock option agreements Ms. Xxxxxxxx xxx have with the Company; and (iv) for any criminal, grossly negligent or fraudulent conduct on the part of the Company, other than by her own conduct, which creates liability on the part of Ms. Xxxxxxxx. Xxr the sake of clarity, Ms. Xxxxxxxx xxxressly agrees that the provisions of this Section 171542 of the Civil Code of the State of California, including part (iv) hereinwhich provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, shall not be interpreted to permit Ms. Xxxxxxxx xx make a claim against the Company that is related to termination of her employment which if known by him must have materially affected his settlement with the Company or the Company's performance of its obligations as her former employer,debtor."

Release of Claims against the Company. In consideration of For good and valuable consideration, including the foregoing, Ms. Xxxxxxxx xxxeby releases, acquits, payments and forever discharges benefits set forth in the Separation Agreement by and among the Company, CHIPPAC and the Executive, dated February 10, 2004 (the “Agreement”), of which this Release forms a part, which includes special enhancements to which the Executive would not otherwise be entitled under current company policies, plans, and guidelines, the Executive hereby knowingly, voluntarily, and willingly releases, discharges, and covenants not to xxx the Company and its parents direct and indirect parents, subsidiaries, affiliates, and related companies, past and present, as well as each of its and their officers, directors, agents, servantsofficers, employees, and agents thereof, representatives, attorneys, shareholderstrustees, partnersinsurers, assigns, successors, and agents, past and present (collectively hereinafter referred to as the “Released Parties”), from and with respect to any and all actions, claims, or lawsuits, whether known or unknown, suspected or unsuspected, in law or in equity, which the Executive, and his heirs, executors, administrators, successors, assigns, affiliatesdependents, customersdescendants, and clients of and from any and all claimsattorneys ever had, liabilities, demands, causes of action, costs, expenses, attorneys' fees, damages, indemnities and obligations of every kind and nature, in law, equitynow have, or otherwisehereafter can, known and unknown, suspected and unsuspected, disclosed and undisclosedshall or may have against the Released Parties, arising out of or in any way related to agreements, acts or conduct at any time prior relating to the Separation DateExecutive’s employment by the Company and its subsidiaries and affiliates, his separation from that employment, including, but not limited to: without limitation, the following: (a) any and all such claims and demands directly relating to or indirectly arising out of or in any way connected from Executive’s employment relationship with the Company's employment of Ms. Xxxxxxxx, xxe Company and the termination of that relationship; (b) any and all claims relating to or arising from Executive’s right to purchase, or actual purchase, of shares of stock of the Company; (c) any and all claims for wrongful discharge of employment; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; and defamation; (d) any and all claims arising under the Employee Retirement Income Security Act of 1974, the Company's performance Civil Rights Acts of its obligations 1866 and 1867, Title VII of the Civil Rights Act of 1964, as her former employeramended, the Civil Rights and any claims arising from Women’s Equity Act of 1991, Sections 1981 through 1988 of Title 42 of the Employment Agreement or her offer letter; claims or demands related to salaryUnited States Code, bonusesas amended, commissionsthe Occupational Safety and Health Act of 1970, stockthe Consolidated Omnibus Budget Reconciliation Act of 1985, or any other ownership interests in the CompanyFamily and Medical Leave Act of 1993, vacation paythe Worker Adjustment and Retraining Notification Act of 1988, fringe benefitsthe Vocational Rehabilitation Act of 1973, expense reimbursementsthe Equal Pay Act of 1963, severance paythe Americans with Disabilities Act, or any form of compensation; claims pursuant to any federalthe Fair Labor Standards Act and the National Labor Relations Act, state or local law or cause of action including, but not limited toas amended, the California Fair Employment and Housing Act, the federal California Xxxxx Civil Rights Act of 1964Act, as amended; the California Equal Pay Law, any other federal Age Discrimination or state anti-discrimination law or any local or municipal ordinance relating to discrimination in Employment Act of 1967employment or human rights and under the common law; (e) any and all claims for salary, as amended; bonus, severance pay, pension, vacation pay, life insurance, health or medical insurance, or any other fringe benefits, other than the federal Americans With Disabilities Act; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; payments and breach of the implied covenant of good faith and fair dealing. Notwithstanding the above, Ms. Xxxxxxxx xx not hereby releasing any claims Ms. Xxxxxxxx xxx have (i) under this Agreement; (ii) benefits provided for indemnification pursuant to and in or in accordance with the applicable statutesAgreement; (f) any and all claims arising out of any other laws and regulations relating to employment or employment discrimination; and (g) any and all claims for attorneys’ fees and costs. The Executive acknowledges that he may hereafter discover claims or facts in addition to or different from those which he now knows or believes to exist with respect to the subject matter of this Release and which, if known or suspected at the time of executing this Release, may have materially affected this Release or his decision to enter into it. Nevertheless, the applicable terms Executive hereby waives any right, claim, or cause of the charters, articles action that might arise as a result of incorporation such different or bylaws of the Company, additional claims or facts and Executive hereby expressly waives any insurance policies maintained and all rights and benefits conferred upon Executive by the Company which afford coverage to Ms. Xxxxxxxx; (xii) for rights or claims Ms. Xxxxxxxx xxx have pursuant to any applicable stock option plans or stock option agreements Ms. Xxxxxxxx xxx have with the Company; and (iv) for any criminal, grossly negligent or fraudulent conduct on the part of the Company, other than by her own conduct, which creates liability on the part of Ms. Xxxxxxxx. Xxr the sake of clarity, Ms. Xxxxxxxx xxxressly agrees that the provisions of this Section 171542 of the Civil Code of the State of California, including part (iv) hereinwhich provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, shall not be interpreted WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Each of the parties, being aware of the foregoing California statute, agrees to permit Ms. Xxxxxxxx xx make a claim against expressly waive any rights the Company that is related to termination party may have thereunder, as well as under any other statute or common law principles of her employment with the Company or the Company's performance of its obligations as her former employer,similar effect.