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

Release of Claims and Waiver of Rights. (a) In consideration of the payments and other benefits provided to me pursuant to the terms of a Letter Agreement dated July 30, 2013, between me and Open Text Corporation (the “Company”), which payments and benefits represent good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Consideration”), I, Xxx Xxxxxxx, hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated as of December 1. 2012, and any claims, complaints or recourses pursuant to the Human Rights Code, the Employment Standards Act, 2000, the Pay Equity Act, the Workplace Safety and Insurance Act, the Occupational Health and Safety Act, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to time.

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and other benefits being provided to me pursuant under Section 6(a) of the employment agreement (the “Employment Agreement”) dated XXX, 0000 as it may have been amended to the terms of a Letter Agreement dated July 30, 2013date hereof, between me and Open Text Corporation (the “Company”), which those payments and benefits represent being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “ConsiderationPayments”), I, Xxx XxxxxxxXxxxx Xxxxxxxx, hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal attorneys fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated or pursuant to the Ontario Human Rights Code, as of December 1. 2012amended, and any claims, complaints or recourses pursuant statutory entitlement to the Human Rights Codewages, termination pay, severance pay, vacation pay or any other payments under the Employment Standards Act, 2000, as amended, and any claims or complaints under or pursuant to the Pay Equity Act, as amended, the Workplace Safety and Insurance Act, as amended, the Occupational Health and Safety Act, as amended, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeamended.

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and other benefits being provided to me pursuant under Section 6(a) of the employment agreement (the “Employment Agreement”) dated [●], 2012, as it may have been amended to the terms of a Letter Agreement dated July 30, 2013date hereof, between me and Open Text Corporation (the “Company”), which those payments and benefits represent being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “ConsiderationPayments”), I, Xxx Xxxxxxx[●], hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal attorneys fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated or pursuant to the Ontario Human Rights Code, as of December 1. 2012amended, and any claims, complaints or recourses pursuant statutory entitlement to the Human Rights Codewages, termination pay, severance pay, vacation pay or any other payments under the Employment Standards Act, 2000, as amended, and any claims or complaints under or pursuant to the Pay Equity Act, as amended, the Workplace Safety and Insurance Act, as amended, the Occupational Health and Safety Act, as amended, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeamended.

Release of Claims and Waiver of Rights. (a) In consideration of the payments and other benefits being provided to me pursuant to under Sections 5 through 10 (inclusive) of the terms of a Letter Agreement (the “Letter Agreement”), dated July 30December 11, 20132006, between me and Open Text Pall Corporation (the “Company”), which payments and benefits represent good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “Consideration”), I, Xxx XxxxxxxXxxxxx Xxxxxx, hereby release, remise and acquit Company, its present and past parentsparent, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal fees and expenses)liabilities, asserted present or unassertedfuture, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen or which may arise by reason of any matter, cause or thing whatsoever related from the beginning of time to my employment (or termination of my employment) with the Company on or prior to and including the date on which this General Release is signed. The terms “claims, and more particularlyobligations, or liabilities” (whether denominated claims, demands, causes of action, obligations, damages or liabilities) include, but without limitationare not limited to, any and all claims and demands under any contract with the Company (other than the Letter Agreement), claims of age, disability, race, religion, national origin, sex, retaliation, and/or other forms of employment discrimination, breach of express or implied contract, breach of employee handbook, libel, slander, intentional tort or wrongful dismissal arising in under any federal, state, or local common or statutory law; claims for unpaid salary, commission or fringe benefits; or any other statutory claim before any state or federal court, tribunal or administrative agency, arising out of or in any way connected related to my employment relationship with the Company and its affiliates and the termination of that relationship. I will not file or permit to be filed on my behalf any such claim. Notwithstanding the preceding sentence or any other provision of this Agreement, this General Release is not intended to interfere with my right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) in connection with any claim I believe I may have against the Company or its affiliates. However, by executing this General Release, I hereby waive the right to recover in any proceeding I may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on my behalf. This General Release is for any relief, no matter how denominated, including, but not limited to, injunctive relief, wages, back pay, front pay, compensatory damages, or punitive damages. This General Release shall not apply to any rights in the nature of indemnification which I may have with respect to claims against me relating to or arising out of my employment with the Company and its affiliates or my service on their respective boards of directors, or any vested benefit to which I am entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. Notwithstanding anything to the contrary contained in this paragraph 1, I expressly do not release any of the Releasees from the Company’s obligation to (a) timely provide me with all payments and benefits to which I am entitled pursuant to the terms of the Letter Agreement, (b) pay me the 2006 Bonus Payment, (c) cause my accrued benefits under all of the Company’s tax-qualified and non-qualified retirement, pension and welfare benefit plans, policies and arrangements to be paid/provided to me pursuant to the terms thereof as in effect on November 14, 2006 (or as may then be in effect for other officers of the Company) and of the Letter Agreement, and (d) fully reimburse me for my business expenses incurred in connection with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of with the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated as of December 1. 2012, and any claims, complaints or recourses pursuant to the Human Rights Code, the Employment Standards Act, 2000, the Pay Equity Act, the Workplace Safety and Insurance Act, the Occupational Health and Safety Act, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeaccordance with Company policy.

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and other benefits being provided to me pursuant to under Section 6(a) of the terms of a Letter Agreement employment agreement (the “Employment Agreement”) dated July 30, 20132014, as it may have been amended to the date hereof, between me and Open Text Corporation (the “Company”), which those payments and benefits represent being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “ConsiderationPayments”), I, Xxx XxxxxxxXxxx X. Xxxxxxxxx, hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal attorneys fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated or pursuant to the Ontario Human Rights Code, as of December 1. 2012amended, and any claims, complaints or recourses pursuant statutory entitlement to the Human Rights Codewages, termination pay, severance pay, vacation pay or any other payments under the Employment Standards Act, 2000, as amended, and any claims or complaints under or pursuant to the Pay Equity Act, as amended, the Workplace Safety and Insurance Act, as amended, the Occupational Health and Safety Act, as amended, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeamended.

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and other benefits being provided to me pursuant under Section 6(a) of the employment agreement (the “Employment Agreement”) dated September 11, 2014 as it may have been amended to the terms of a Letter Agreement dated July 30, 2013date hereof, between me and Open Text Corporation (the “Company”), which those payments and benefits represent being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “ConsiderationPayments”), I, Xxx Xxxx X. Xxxxxxx, hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal attorneys fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated or pursuant to the Ontario Human Rights Code, as of December 1. 2012amended, and any claims, complaints or recourses pursuant statutory entitlement to the Human Rights Codewages, termination pay, severance pay, vacation pay or any other payments under the Employment Standards Act, 2000, as amended, and any claims or complaints under or pursuant to the Pay Equity Act, as amended, the Workplace Safety and Insurance Act, as amended, the Occupational Health and Safety Act, as amended, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeamended.

Release of Claims and Waiver of Rights. (a) In consideration of the any payments and other benefits being provided to me pursuant under Section 6(a) of the employment agreement (the “Employment Agreement”) dated [•], 2012, as it may have been amended to the terms of a Letter Agreement dated July 30, 2013date hereof, between me and Open Text Corporation (the “Company”), which those payments and benefits represent being good and valuable consideration, the adequacy and sufficiency of which are acknowledged by me (the “ConsiderationPayments”), I, Xxx Xxxxxxx[•], hereby release, remise and acquit Company, its present and past parents, subsidiaries and affiliates, their successors, assigns, benefit plans and/or committees, and their respective present or past officers, directors, managers, supervisors, employees, shareholders, attorneys, advisors, agents and representatives in their individual and corporate capacity, and their successors and assigns (the “Releasees”), from, and hold them harmless against, any and all claims, obligations, or liabilities (including legal attorneys fees and expenses), asserted or unasserted, known or unknown, that I, my heirs, successors or assigns have or might have, which have arisen by reason of any matter, cause or thing whatsoever related to my employment (or termination of my employment) with the Company on or prior to the date on which this General Release is signed, and more particularly, but without limitation, all claims and demands arising in or out of or in any way connected with my employment by the Company, the benefits and rights enjoyed by me during employment, the termination of such employment on January 1, 2014 or the obligations, statutory, contractual or otherwise, of the Company to me in respect thereof, including, without limitation, any and all claims under my Employment Agreement dated or pursuant to the Ontario Human Rights Code, as of December 1. 2012amended, and any claims, complaints or recourses pursuant statutory entitlement to the Human Rights Codewages, termination pay, severance pay, vacation pay or any other payments under the Employment Standards Act, 2000, as amended, and any claims or complaints under or pursuant to the Pay Equity Act, as amended, the Workplace Safety and Insurance Act, as amended, the Occupational Health and Safety Act, as amended, or under applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, all as amended from time to timeamended.