Common use of Release of Claims and Waiver of Rights Clause in Contracts

Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the Bank, their predecessors, successors, parents, subsidiaries, affiliates, and assigns, and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or Bank, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Release and Waiver, including liability, claims, demands, actions, and causes of action: (a) relating to Executive’s employment or other association with the Company and/or the Bank, or the termination of such employment; (b) relating to wages, bonuses, other compensation, or benefits; (c) relating to any employment or change in control contract; (d) relating to any employment law, including: (i) the United States and State of Michigan Constitutions, (ii) the Xxxxxx-Xxxxxx Civil Rights Act, (iii) the Civil Rights Act of 1964, (iv) the Civil Rights Act of 1991, (v) the Equal Pay Act, (vi) the Employee Retirement Income Security Act of 1974, (vii) the Age Discrimination in Employment Act (the “ADEA”), (viii) the Older Workers Benefit Protection Act, (ix) the Worker Adjustment and Retraining Notification Act, (x) the Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the Family and Medical Leave Act, (xiii) the Occupational Safety and Health Act, (xiv) the Fair Labor Standards Act,

Appears in 2 contracts

Samples: Employment Agreement (Level One Bancorp Inc), Employment Agreement (Level One Bancorp Inc)

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Release of Claims and Waiver of Rights. ExecutiveEmployee, on ExecutiveEmployee’s own behalf and that of ExecutiveEmployee’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the BankEmployer, their its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankEmployer, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive Employee now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to ExecutiveEmployee’s execution of this Agreement (the “Release and Waiver”), including liability, claims, demands, actions, and causes of action: (a) relating Relating to ExecutiveEmployee’s employment or other association with the Company and/or the BankEmployer, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Minnesota Constitutions, (ii) the Xxxxxx-Xxxxxx Civil The Minnesota Human Rights Act, (iii) the The Civil Rights Act of 1964, (iv) the The Civil Rights Act of 1991, (v) the The Equal Pay Act, (vi) the The Employee Retirement Income Security Act of 1974, (vii) the The Age Discrimination in Employment Act (the “ADEA”), (viii) the The Older Workers Benefit Protection Act, (ix) the The Worker Adjustment and Retraining Notification Act, (x) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiiixii) the The Occupational Safety and Health Act, , (xivxiii) the The Fair Labor Standards Act, (xiv) The National Labor Relations Act, (xv) The Genetic Information Nondiscrimination Act, (xvi) The Rehabilitation Act, (xvii) The Fair Credit Reporting Act, (xviii) Executive Order 11246, (xix) Executive Order 11141, and (xx) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of contract under the common law of the State of Minnesota or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel, and negligence. Employee acknowledges that statutes exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the release and waiver. Employee waives, surrenders, and shall forego any protection to which Employee would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Minnesota.

Appears in 2 contracts

Samples: Employee Covenant Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the Bank, their predecessors, successors, parents, subsidiaries, affiliates, and assigns, and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or Bank, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Release and Waiver, including liability, claims, demands, actions, and causes of action: (a) relating to Executive’s employment or other association with the Company and/or the Bank, or the termination of such employment; (b) relating to wages, bonuses, other compensation, or benefits; (c) relating to any employment or change in control contract; (d) relating to any employment law, including: (i) the United States and State of Michigan Constitutions, (ii) the Xxxxxx-Xxxxxx Civil Rights Act, (iii) the Civil Rights Act of 1964, (iv) the Civil Rights Act of 1991, (v) the Equal Pay Act, (vi) the Employee Retirement Income Security Act of 1974, (vii) the Age Discrimination in Employment Act (the “ADEA”), (viii) the Older Workers Benefit Protection Act, (ix) the Worker Adjustment and Retraining Notification Act, (x) the Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the Family and Medical Leave Act, , (xiii) the Occupational Safety and Health Act, (xiv) the Fair Labor Standards Act, (xv) the National Labor Relations Act, (xvi) the Genetic Information Nondiscrimination Act, (xvii) the Rehabilitation Act, (xviii) the Fair Credit Reporting Act, (xix) Executive Order 11246, (xx) Executive Order 11141, and (xxi) each other federal, state, and local statute, ordinance, and regulation relating to employment;

Appears in 1 contract

Samples: Employment Agreement (Level One Bancorp Inc)

Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the Bank, their predecessors, successors, parents, subsidiaries, affiliates, and assigns, and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or Bank, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Release and Waiver, including liability, claims, demands, actions, and causes of action: (a) relating to Executive’s employment or other association with the Company and/or the Bank, or the termination of such employment; (b) relating to wages, bonuses, other compensation, or benefits; (c) relating to any employment or change in control contract; (d) relating to any employment law, including: (i) the United States and State of Michigan Constitutions, (ii) the Xxxxxx-Xxxxxx Civil Rights Act, (iii) the Civil Rights Act of 1964, (iv) the Civil Rights Act of 1991, (v) the Equal Pay Act, (vi) the Employee Retirement Income Security Act of 1974, (vii) the Age Discrimination in Employment Act (the “ADEA”), (viii) the Older Workers Benefit Protection Act, (ix) the Worker Adjustment and Retraining Notification Act, (x) the Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the Family and Medical Leave Act, (xiii) the Occupational Safety and Health Act, (xiv) the Fair Labor Standards Act, (xv) the National Labor Relations Act, (xvi) the Genetic Information Nondiscrimination Act, (xvii) the Rehabilitation Act, (xviii) the Fair Credit Reporting Act, (xix) Executive Order 11246, (xx) Executive Order 11141, and (xxi) each other federal, state, and local statute, ordinance, and regulation relating to employment;

Appears in 1 contract

Samples: Employment Agreement (Level One Bancorp Inc)

Release of Claims and Waiver of Rights. ExecutiveEmployee, on ExecutiveEmployee’s own behalf and that of ExecutiveEmployee’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the BankEmployer, their its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankEmployer, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive Employee now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to ExecutiveEmployee’s execution of this Agreement (the “Release and Waiver”), including liability, claims, demands, actions, and causes of action: (a) relating Relating to ExecutiveEmployee’s employment or other association with the Company and/or the BankEmployer, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Minnesota Constitutions, (ii) the Xxxxxx-Xxxxxx The Indiana Civil Rights Act, (iii) the The Civil Rights Act of 1964, (iv) the The Civil Rights Act of 1991, (v) the The Equal Pay Act, (vi) the The Employee Retirement Income Security Act of 1974, (vii) the The Age Discrimination in Employment Act (the “ADEA”), (viii) the The Older Workers Benefit Protection Act, (ix) the The Worker Adjustment and Retraining Notification Act, (x) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiiixii) the The Occupational Safety and Health Act, , (xivxiii) the The Fair Labor Standards Act, (xiv) The National Labor Relations Act, (xv) The Genetic Information Nondiscrimination Act, (xvi) The Rehabilitation Act, (xvii) The Fair Credit Reporting Act, (xviii) Executive Order 11246, (xix) Executive Order 11141, and (xx) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of contract under the common law of the State of Indiana or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel, and negligence. Employee acknowledges that statutes exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the release and waiver. Employee waives, surrenders, and shall forego any protection to which Employee would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Indiana.

Appears in 1 contract

Samples: Change in Control Agreement (Lakeland Financial Corp)

Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that on behalf of Executive’s heirs, executors, attorneys, administrators, agents, representatives, successors, and assigns, hereby fully and forever releases and discharges the Company and the BankCompany, their its predecessors, successors, parents, subsidiaries, affiliates, affiliates and assigns, and its and their respective members, Executives, directors, officers, trustees, employees, agents, agents and shareholders, representatives both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankCompany, both in their official and individual capacities (collectively, the “Releasees”), from any and all liabilityliabilities, claims, demands, actions, and causes of action action, suits and debts Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Agreement (the “Release and Waiver”), including liabilityany and all liabilities, claims, demands, actions, and causes of action, suits and debts: (a) relating Relating to Executive’s employment or other association with the Company and/or the BankCompany, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract, including the Restrictive Covenant; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Illinois Constitutions, (ii) the Xxxxxx-Xxxxxx Civil The Illinois Human Rights Act, (iii) the The Civil Rights Act of 1964, (iv) the The Civil Rights Act of 1991, (v) the The Equal Pay Act, (vi) the The Employee Retirement Income Security Act of 1974, (vii) the The Age Discrimination in Employment Act (the “ADEA”), (viii) the The Older Workers Benefit Protection Act, (ix) the The Worker Adjustment and Retraining Notification Act, (x) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiiixii) the The Occupational Safety and Health Act, , (xivxiii) the The Fair Labor Standards Act, (xiv) The National Labor Relations Act, (xv) The Genetic Nondiscrimination Act, (xvi) The Rehabilitation Act, (xvii) The Fair Credit Reporting Act, (xviii) Executive Order 11246, (xix) Executive Order 11141, and (xx) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of implied or express contract under the common law of the State of Illinois or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, fraud, invasion of privacy, promissory estoppel, and negligence. Executive acknowledges that statutes exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the Release and Waiver. Executive hereby waives, surrenders, and shall forego any protection to which Executive would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Illinois.

Appears in 1 contract

Samples: Separation and Release Agreement (First Clover Leaf Financial Corp.)

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Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the BankCompany, their its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankEmployer, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Agreement (the “Release and Waiver”), including liability, claims, demands, actions, and causes of action: (a) relating Relating to Executive’s employment or other association with the Company and/or the BankEmployer, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Minnesota Constitutions, (ii) the Xxxxxx-Xxxxxx Civil The Minnesota Human Rights Act, (iii) the The Civil Rights Act of 1964, (iv) the The Civil Rights Act of 1991, (v) the The Equal Pay Act, (vi) the The Employee Retirement Income Security Act of 1974, (vii) the The Age Discrimination in Employment Act (the “ADEA”), (viii) the The Older Workers Benefit Protection Act, (ix) the The Worker Adjustment and Retraining Notification Act, (x) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiiixii) the The Occupational Safety and Health Act, , (xivxiii) the The Fair Labor Standards Act, (xiv) The National Labor Relations Act, (xv) The Genetic Information Nondiscrimination Act, (xvi) The Rehabilitation Act, (xvii) The Fair Credit Reporting Act, (xviii) Executive Order 11246, (xix) Executive Order 11141, and (xx) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of contract under the common law of the State of Minnesota or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel, and negligence. ​ ‌ Exhibit 10.31 Executive acknowledges that statutes exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the release and waiver. Executive waives, surrenders, and shall forego any protection to which Executive would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Minnesota.

Appears in 1 contract

Samples: Employment Agreement (Bridgewater Bancshares Inc)

Release of Claims and Waiver of Rights. ExecutiveEmployee, on ExecutiveEmployee’s own behalf and that of ExecutiveEmployee’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the BankEmployer, their its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankEmployer, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive Employee now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to ExecutiveEmployee’s execution of this Agreement (the “Release and Waiver”), including liability, claims, demands, actions, and causes of action: (a) relating Relating to Executive’s employment or other association with the Company and/or the BankCompany, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Iowa Constitutions, (ii) the Xxxxxx-Xxxxxx The Iowa Civil Rights ActAct of 1965, (iii) the The Iowa Wage Payment Collection Law, (iv) The Civil Rights Act of 1964, (ivv) the The Civil Rights Act of 1991, (vvi) the The Equal Pay Act, (vivii) the The Employee Retirement Income Security Act of 1974, (viiviii) the The Age Discrimination in Employment Act (the “ADEA”), (viiiix) the The Older Workers Benefit Protection Act, (ixx) the The Worker Adjustment and Retraining Notification Act, (xxi) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiii) the The Occupational Safety and Health Act, , (xiv) the The Fair Labor Standards Act, (xv) The National Labor Relations Act, (xvi) The Genetic Information Nondiscrimination Act, (xvii) The Rehabilitation Act, (xviii) The Fair Credit Reporting Act, (xix) Executive Order 11246, (xx) Executive Order 11141, and (xxi) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of contract under the common law of the State of Iowa or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel, and negligence. Employee acknowledges that statutes exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the release and waiver. Employee waives, surrenders, and shall forego any protection to which Employee would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Iowa.

Appears in 1 contract

Samples: Change in Control Agreement (MidWestOne Financial Group, Inc.)

Release of Claims and Waiver of Rights. Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully and forever releases and discharges the Company and the BankEmployer, their its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, agents, and shareholders, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company and/or BankEmployer, both in their official and individual capacities (the “Releasees”), from all liability, claims, demands, actions, and causes of action Executive now has, may have had, or may ever have, whether currently known or unknown, relating to acts or omissions as of or prior to Executive’s execution of this Agreement (the “Release and Waiver”), including liability, claims, demands, actions, and causes of action: (a) relating Relating to Executive’s employment or other association with the Company and/or the BankEmployer, or the termination of such employment; (b) relating Relating to wages, bonuses, other compensation, or benefits; (c) relating Relating to any employment or change in control contract; (d) relating Relating to any employment law, including: (i) the The United States and State of Michigan Illinois Constitutions, (ii) the Xxxxxx-Xxxxxx Civil The Illinois Human Rights Act, (iii) the The Civil Rights Act of 1964, (iv) the The Civil Rights Act of 1991, (v) the The Equal Pay Act, (vi) the The Employee Retirement Income Security Act of 1974, (vii) the The Age Discrimination in Employment Act (the “ADEA”), (viii) the The Older Workers Benefit Protection Act, (ix) the The Worker Adjustment and Retraining Notification Act, (x) the The Americans with Disabilities Act, (xi) the Persons with Disabilities Civil Rights Act, (xii) the The Family and Medical Leave Act, (xiiixii) the The Occupational Safety and Health Act, , (xivxiii) the The Fair Labor Standards Act, (xiv) The National Labor Relations Act, (xv) The Genetic Information Nondiscrimination Act, (xvi) The Rehabilitation Act, (xvii) The Fair Credit Reporting Act, (xviii) Executive Order 11246, (xix) Executive Order 11141, and (xx) Each other federal, state, and local statute, ordinance, and regulation relating to employment; (e) Relating to any right of payment for disability; (f) Relating to any statutory or contractual right of payment; and (g) For relief on the basis of any alleged tort or breach of contract under the common law of the State of Illinois or any other state, including defamation, intentional or negligent infliction of emotional distress, breach of the covenant of good faith and fair dealing, promissory estoppel, and negligence. Executive acknowledges that statutes may exist that render null and void releases and waivers of any claims, rights, demands, liabilities, actions, and causes of action that are unknown to the releasing or waiving party at the time of execution of the release and waiver. Executive waives, surrenders, and shall forego any protection to which Executive would otherwise be entitled by virtue of the existence of any such statutes in any jurisdiction, including the State of Illinois.

Appears in 1 contract

Samples: Employment Agreement (QCR Holdings Inc)

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