Release of Claims and Covenant Not to Sue. Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Company, any of its direct or indirect subsidiaries or affiliates, and any of its or their current and former officers, directors, equityholders, managers, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “Releasees”) related to Executive’s employment with the Company or its subsidiaries or termination therefrom. Executive, on Executive’s own behalf and on behalf of any of Executive’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Releasees from, and agrees not to sue concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Executive signs this Agreement relating to Executive’s employment with the Company or its subsidiaries or termination therefrom, including, without limitation:
(a) any and all claims relating to or arising from Executive’s employment or service relationship with the Company or any of its direct or indirect subsidiaries and the termination of that relationship;
(b) any and all claims relating to, or arising from, Executive’s right to receive or purchase, or actual purchase of, any shares of stock, restricted stock units, stock options or other equity interests of the Company or any of its affiliates, including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state law, and securities fraud under any state or federal law; provided, however, that Executive is not waiving hereby any claims related to the Amended Stock Restriction Agreement;
(c) any and all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of covenant of good faith and fair dealing, both express and implied; promissory estoppel;...
Release of Claims and Covenant Not to Sue. (a) As of the Effective Date, Releasing Parties shall be deemed to have fully, finally and forever released and discharged the Released Parties from the Released Claims.
(b) With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, the Releasing Parties expressly have, and by operation of the Judgment shall have, to the fullest extent permitted by law, expressly waived and relinquished any and all provisions, rights, and benefits conferred by any law or any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to California Civil Code § 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Releasing Parties understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and/or of any other applicable law relating to limitations on releases. In connection with such waivers and relinquishment, Releasing Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the Settlement Agreement, but that they release fully, finally, and forever all Released Claims, and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. Plaintiffs and Defendant acknowledge, and other Settlement Class Members by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a material element of the Settlement.
(c) Plaintiffs and each Settlement Class Member further covenant and agree that they will not sue or bring any action or cause of action, or seek restitution or other forms of monetary relief, including by way of third-party claim, crossclaim, or counterclaim, against any of the Released Parties in respect of any of the Released Claims; they will not initiate or participate in bringing or pursuing any class action against any of the Released Parties in respect of any of the Released Claims; if involuntarily included in any such clas...
Release of Claims and Covenant Not to Sue. A. In further consideration for the amounts to be xxid by the Company to Employee hereunder, Employee does hereby release and forever discharge the Company and each Affiliate and their respective directors, officers, Employees, shareholders, agents (including, but not limited to, accountants and attorneys) (such individuals, the Company, and the Affiliates are hereunder collectively referred to as "Released Parties") from all claims, causes of action and liabilities of every kind and description whatsoever, known and unknown, foreseen and unforeseen, suspected and unsuspected, asserted or unasserted, which Employee has or may have against them or any of them by reason of any fact, matter or thing from the beginning of the world to the date of this Agreement, except for claims arising out of the breach of any of Company's obligations under this Agreement. Without limiting the generality of the preceding sentence, Employee does hereby release the Released Parties from all claims, causes of action and liabilities arising from or relating to: (i) his employment or other association with the Company or with any Affiliate; (ii) any right which Employee has, had or may have had to receive any sum of money of the Company or of any Affiliate; (iii) any rights or claims which Employee may have against the Company or any Affiliate for any cause whatsoever; (iv) any claims for salary, bonuses, vacation pay, fringe benefits, director's fees, business expenses and allowances or severance pay; (v) claims based on oral or written contracts; (vi) claims arising under any federal or state statutes, including but not limited to, claims asserting discrimination on account of age, race, color, sex, religion, national origin or veteran or handicap status and claims under the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended, ERISA, Title VII of the 1964 Civil Rights Act and the Older Worker Benefit Protection Act; (vii) claims for damages for breach of contract or implied contract; (viii) claims based on personal injury, including, without limitation, infliction of emotional distress; (ix) wrongful termination or breach of covenant of good faith and fair dealing; and (x) claims asserting defamation, interference with contract or business relationships or promissory estoppel. Employee covenants and agrees that he will never assert a claim or institute any cause of action or file a charge based on claims, causes of action and liabilities of every kind and descript...
Release of Claims and Covenant Not to Sue. A By operation of the entry of the Final Order, and except as to such rights or claims as may be created by this Agreement, each individual Class Member who does not timely opt-out pursuant to this Agreement, each individual Authorized Claimant, and the Named Plaintiff, on behalf of themselves, their heirs, executors, administrators, successors, assigns, estates, representatives, subsidiaries, affiliates, and agents forever and fully releases and discharges Released Entities from all Released Class Claims.
Release of Claims and Covenant Not to Sue. In consideration of the payments and other benefits described above, the Employee voluntarily and knowingly releases and forever discharges the Company and its parents, partners, subsidiaries and affiliates and its and their predecessors, successors and assigns and its and their directors, officers, employees, partners, insurers, trustees, agents, representatives, lawyers, and all persons acting by, through, under or in concert with them, or any of them (collectively referred to as the “Company and Affiliates”) of and from any and all manner of actions, causes of action, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, attorneys’ fees or expenses, of any nature whatsoever, in law or in equity, fixed or contingent, which the Employee ever had, now has, or may have, or which the heirs, executors or administrators of the Employee hereafter may have, known or unknown, based upon any fact, circumstance, or event occurring or existing at or prior to the Employee’s execution of this Agreement. This Release specifically includes, but is not limited to, any claims or actions arising out of or relating to the Employee’s employment with the Company and/or separation of employment, any alleged breach of any express or implied contract of employment, any alleged torts or other alleged legal restrictions on Company’s right to terminate the employment of the Employee, and any alleged violation of any federal, state or local statute or ordinance, including but not limited to, any claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e, et seq.; 42 U.S.C. § 1981 (“Section 1981”); the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefits Protection Act (“ADEA OWBPA”), 29 U.S.C. § 621 et seq; the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §1001 et seq.; the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §2601 et seq.; the Pennsylvania Human Relations Act (“PHRA”), 43 P.S. §951 et seq. (in each case, as amended); and any and all other federal, state or local laws or regulations prohibiting discrimination in the workplace or which otherwise regulate employment terms and conditions. The Employee also releases the Company and Affiliates from any claim for unfair treatment, violation of public policy, breach of express or implied contract, wrongful discharge, intentional...
Release of Claims and Covenant Not to Sue. This Release of Claims and Covenant Not To Sue (the "Release") is entered into by ____________ ("Executive"). This Release is effective only if (i) it has been executed by the Executive after his/her termination of employment with Alsius Corporation (the "Company"), (ii) such executed Release has been provided to the Company on or before [DATE] and (iii) the revocation period has expired without revocation as set forth in Section 5(c) below (the “Effective Date”). The Company and the Executive are collectively referred to herein as the Parties.
Release of Claims and Covenant Not to Sue. This Release of Claims is entered into by you, Xxxxxxx X. XxXxxxxxx, on behalf of yourself, your heirs, executors, administrators, successors, assigns and anyone else who may sue on your behalf (collectively, “you”) and ServiceMaster Global Holdings, Inc., on behalf of itself, past and present subsidiaries, parent companies, affiliated entities, predecessors, successors, assigns, and their respective past and present officers, directors, employees, insurers and agents (collectively, “Company” or “ServiceMaster”).
Release of Claims and Covenant Not to Sue. Upon execution of this Agreement and in consideration for the mutual promises and covenants, consideration and conditions set forth herein, Fort Bend County unconditionally RELEASES, ACQUITS, AND FOREVER DISCHARGES Enterprise from the Claims, and Fort Bend County covenants not to sue Enterprise in connection with the Claims or seek collection on the Claims in any way.
Release of Claims and Covenant Not to Sue paragraphs of this Agreement. Enterprise represents and warrants that they are the full and sole owner of the claims, demands, actions, or causes of action referred to in this Agreement at the time of the execution of this Agreement and that it has not assigned, transferred or purported to assign or transfer any of the claims, actions or liabilities released hereinabove in the Release of Claims and Covenant Not to Sue paragraphs of this Agreement.
Release of Claims and Covenant Not to Sue
