Common use of Release of Claims by Employee Clause in Contracts

Release of Claims by Employee. Employee, on Employee’s own behalf, and on behalf of Employee’s family members, heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, and assigns (collectively, the “Released Companies”), as well all past, present, and future owners, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any action, claim, obligation, damages, cost, or expense that Employee has or may have had against any of them, whether known or unknown, based upon acts or omissions occurring on or before the moment Employee executes this Release, including but not limited to claims arising directly or indirectly from Employee’s employment with, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes, without limitation, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwise, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government Agencies.

Appears in 1 contract

Samples: Agreement for Severance and Release (Lancaster Colony Corp)

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Release of Claims by Employee. EmployeeEmployee hereby waives, on Employee’s own behalfreleases, and on behalf of Employee’s family members, heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employerdischarges the Corporation, its predecessorspast and present parents, successorssubsidiaries, and assigns, as well as the past, present, and future parent, subsidiarydivisions, and affiliated companies companies, their respective past and divisions of Employerpresent stockholders, its predecessorsdirectors, successorsofficers, agents, and assigns insurers (collectively, collectively the “Released CompaniesParties”), as well all past, present, and future owners, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any actionand all claims, claim, obligationdemands, damages, costand causes of action from any and all claims, causes of action, liabilities, costs (including attorney’s fees), obligations, and judgments of any kind, whether direct or expense that Employee has or may have had against any of themcontingent in Employee’s favor, whether known or unknown, based upon acts or omissions occurring on or before the moment Employee executes this Releasepast, including but not limited to claims arising directly or indirectly from Employee’s employment withpresent, or separation of employment fromfuture, any of the Released Companies. This Release whether in Section 1 covers all possible claims that are waivable by lawlaw or in equity, including but not limited to all claims that could be asserted or otherwise and whether in contract, in warranty, tort, under strict liability, or otherwise, which he now has, may have had at any time in the past, or may have at any time in the future arising or resulting from his employment with Corporation or the separation therefrom, except as set forth herein (collectively the “Released Claims”). Employee also represents and warrants that he has not sold, assigned, or transferred any Released Claim. Employee expressly represents that he has full legal authority to enter into this Agreement for himself and his heirs. The Released Claims include, but are not limited to, any rights or claims in law or equity, federal, state or local, statutory or common law, under federal common lawfor breach of employment contract, under any state constitution, under the federal Constitutionwrongful termination, or past wages under any federal statuteapplicable state law; claims relating to discrimination, state statuteharassment, local ordinanceretaliation, accommodation, or under any federal, state, or local regulation. This specifically includes, without limitationwhistleblowing (for example, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 19641964 (“Title VII”), as amended; Sections 1981 through 1988 the Civil Rights Acts of Title 1866 and 1871 (42 of U.S.C. § 1981), the United States Code, as amended; the Equal Pay Americans with Disabilities Act Amendments Act of 19632008 (“ADAAA”) and the Americans with Disabilities Act of 1990 (“ADA”), as amended; the Age Discrimination in Employment Act of 1967, as amended by (“ADEA”) and the Older Worker Workers Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended(“OWBPA”); the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Fair Labor Standards Act of 19701938, as amended; the Uniformed Services Employment and Reemployment Rights National Labor Relations Act, the Worker Adjustment Retraining Notification Act of 19941988, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release 1974 (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination excepting claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreementvested benefits, if any, or otherwiseto which Employee is legally entitled thereunder), and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state state, county or local governmental agency law, statute, ordinance, decision, order, policy or commission (“Government Agencies”)regulation prohibiting employment discrimination, harassment or retaliation, or otherwise creating rights or claims for employees, including, but not limited to, any and all claims alleging breach of public policy, the implied obligation of good faith and fair dealing, or any implied, oral or written contract, handbook, manual, policy statement or employment practice, or alleging misrepresentation, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, false imprisonment, negligence or wrongful discharge. Employee further understands Provided, however, that this Release release does not limit Employee’s ability to communicate with any Government Agencies extend to: (1) rights or otherwise participate in any investigation or proceeding claims the release of which is expressly prohibited by law; (2) rights that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit arise after the effective date of this Agreement; and (3) Employee’s right to receive an award for information provided enforce or rescind this Agreement. Employee agrees that Employee will not seek and waives any right to accept any benefit or consideration from any source whatsoever with respect to any Government Agenciesclaims that Employee has asserted or could have asserted against the Released Parties, whether filed by Employee or on Employee’s behalf. Employee further agrees that if Employee, or any person or entity representing Employee, or any federal, state or local agency, files or asserts such claims, this Agreement will act as a total and complete bar to recovery of any judgment, award, damages or remedy of any kind, except where expressly prohibited by law. Employee understands that he is releasing the Released Parties from claims that he may not know about as of the date of the execution of this Agreement, and that it is his knowing and voluntary intent even though Employee recognizes that someday he might learn that some or all of the facts he currently believes to be true are untrue and even though he might then regret having signed this Agreement. Nevertheless, Employee understands that he is expressly assuming that risk and agrees that this Agreement shall remain effective in all respects in any such case. Employee expressly and completely waives all rights he might have under any law that is intended to protect him from waiving unknown claims, and Employee understands the significance of doing so. Employee represents that neither Employee nor, to his knowledge, any person or entity acting on Employee’s behalf or with Employee’s authority has asserted with any federal, state or local judicial or administrative body any claim of any kind based on or arising out of any aspect of Employee’s employment with the Corporation or the ending of that employment. Employee further represents that he is not participating, either directly or indirectly, in any investigations, proceedings, actions, or claims against the Corporation. Employee hereby specifically covenants and agrees that he shall not initiate, or cause to be initiated, any action or cause of action against the Released Parties in the future asserting any claims released in this Agreement, except that the foregoing shall not preclude Employee from filing a charge of discrimination as allowed by law. To his actual knowledge, as of the Effective Date without any additional investigation, Employee has disclosed to the Corporation any matters for which he was responsible as an employee of the Corporation that are reasonably likely to give rise to, evidence, or support any claim of unlawful, unethical, or improper conduct, regulatory violation, unlawful discrimination, retaliation, or other cause of action against the Corporation. Employee will not be considered in breach of the foregoing with respect to any matter within the actual knowledge without any additional investigation of Jxxxx X. Xxxxxxxx, Sxxx Xxxx, and Txxxxx Xxxxxx, or any of them, on or before the Effective Date. Employee acknowledges and agrees that with the exception of his final wages, which will be paid in accordance with the Corporation’s usual payroll practices and in accordance with state law, no other payments, commissions, bonuses, or benefits will be made by Corporation to Employee based on Employee’s employment by Corporation; and Employee acknowledges that he has no entitlement to, or any right to make any claim for, any additional payments, commissions, bonuses, or benefits by Corporation of any kind whatsoever, that are due based on Employee’s employment by Corporation. Employee’s eligibility for coverage as an active employee under all employee benefit plans maintained by Corporation terminate on the Resignation Date. Employee may purchase, if eligible, continuation of health benefits coverage to the extent and for the period provided by law.

Appears in 1 contract

Samples: Omnibus Settlement Agreement (Quest Solution, Inc.)

Release of Claims by Employee. In consideration of the covenants set forth in this Agreement, and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee, on Employee’s own behalf, and on behalf of Employee’s family members, heirs, executors, administrators, his successors, assignsassigns and legal representatives, attorneysfully, irrevocably and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, unconditionally releases and assignsdischarges the Company, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, and assigns (collectively, the “Released Companies”), as well all past, present, and future owners, officers, directors, shareholders, members, managers, partnersagents, employees, agentsand representatives, independent contractorsin their capacity as such and otherwise, attorneysincluding their heirs, insurers, third-party executors and administrators, benefit plansas well as related, affiliated, subsidiary, predecessor and parent companies, successors and assigns, separately and collectively, and any other representative each of whatever kind or nature them (individually and in their official capacities) collectively “Company Releasees”), from all actions, causes of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any action, claimsuits, obligationdebts, damagescharges, costcomplaints, or expense that Employee has or may have had against claims, liabilities, obligations, promises, agreements, controversies, damages and expenses, including attorneys fees, of any of themnature whatsoever, whether known or unknown, suspected or unsuspected, which Employee ever had, now has, or may have against Company Releasees, up to the date of Employee’s signing of this Agreement, by reason of any act, event or omission concerning any matter or thing, including, without limiting the generality of the foregoing, any claims against Company Releasees, arising from or relating, either directly or indirectly, to Employee’s status as an employee of the Company or any separation of that employment, any claims arising from any emotional, bodily or personal injuries, loss of income, employment benefits, wrongful discharge, or discrimination, whether based upon acts on sex, sexual orientation, age, disability, medical condition, race, religion, national origin, ancestry, marital status, or omissions occurring on any other characteristic or before the moment Employee executes this Releasecategory or combination of same, including as well as any alleged violation by Releasees of any federal, state or local statutes, ordinances or common law, including, but not limited to claims arising directly or indirectly from Employee’s employment withto, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes, without limitation, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with With Disabilities Act of 1990Act, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993Act, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970Labor Standards Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if anyEqual Pay Act, or otherwiseany of the Company’s own policies, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) procedures or purported express or implied agreements or contracts with Employee. All such claims are forever barred by this Agreement whether they arise in his capacity as contract or tort or under a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission statute or any other federallaw. The final release of all claims by Employee against Sonic Foundry constitutes a material part of the consideration flowing from Employee to Sonic Foundry under this Agreement, state or local governmental agency or commission (and each of the individuals and entities included within the term Government Agencies”). Employee further understands that Company Releasees” is an intended beneficiary of this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government Agenciesconsideration.

Appears in 1 contract

Samples: Consulting Agreement (Sonic Foundry Inc)

Release of Claims by Employee. EmployeeIn consideration of the payments and benefits to which Employee is entitled hereunder, on Employee’s own behalfEmployee hereby waives and releases and forever discharges the Company and its and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and on behalf of Employee’s family membersassigns and their respective past and present directors, heirsmanagers, executorsofficers, administratorsstockholders, successorspartners, assignsagents, employees, insurers, attorneys, and other personal representatives of whatever kindservants each in his, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, her or its predecessors, successorscapacity as such, and assignseach of them, as well as the past, present, separately and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, and assigns collectively (collectively, the “Released Companies”"Releasees"), as well all past, present, and future owners, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any and all existing claims, charges, complaints, liens, demands, causes of action, claimobligations, obligationdamages and liabilities, damages, cost, or expense that Employee has or may have had against any of them, whether known or unknown, suspected or unsuspected, whether or not mature or ripe, that Employee ever had and now has against any Releasee arising out of or in any way related to Employee’s employment with or separation from the Company, to any services performed for the Company, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Company, all to the extent allowed by applicable law. This release of claims includes, but is not limited to, claims based upon acts on express or omissions occurring on implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or before the moment Employee executes this Releasecommon law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys' fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to claims arising directly or indirectly from Employee’s employment with, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes, without limitation, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Civil Rights Act of 19631991, as amended; the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967Act, as amended by the Older Worker Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act of 1990("WARN"), as amended; the Americans with Disabilities Act of 1990or equivalent state WARN Act, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974Act, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; and the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwise, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government Agenciesrelease of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable.

Appears in 1 contract

Samples: Retirement Agreement (Cornerstone Building Brands, Inc.)

Release of Claims by Employee. a. In exchange for the consideration provided in this Agreement, including without limitation the Severance Payment, Employee, on Employee’s own behalf, for himself and on behalf of Employee’s family members, his heirs, executors, administratorsrepresentatives, successorsagents, assigns, attorneysand all persons and entities claiming by, through, or under him, hereby irrevocably and unconditionally fully and forever waives, releases, and other personal representatives of whatever kinddischarges the Company, RELEASESincluding the Company’s parents, REMISESsubsidiaries, AND FOREVER DISCHARGES Employeraffiliates, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, each of its and affiliated companies and divisions of Employer, its predecessors, successors, and assigns (collectively, the “Released Companies”), as well all past, present, and future owners, their respective officers, directors, employees, shareholders, members, managers, and partners, employeesin their corporate and individual capacities (both individually and collectively, agentsthe "Released Parties"), independent contractorsfrom any and all claims, attorneysliabilities, insurerscharges, third-party administratorsobligations, benefit plansdemands, grievances, lawsuits, causes of action, attorney fees, costs, and liabilities of any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any actionwhatsoever, claimincluding without limitation claims for contribution, obligation, damages, costsubrogation, or expense that Employee has or may have had against any of themindemnification, whether known or unknown, based upon acts which Employee may have or omissions occurring on has ever had as of the Effective Date against the Released Parties in any way related to any way related to the Employee’s hire, benefits, employment, termination, or before separation from employment with the moment Employee executes this ReleaseCompany by reason of any actual or alleged act, including omission, transaction, practice, conduct, occurrence, or other matter (the "Released Claims"). The Released Claims include, but are not limited to, any matters, causes, or things whatsoever that were, have been, or in any way could have been alleged as of the Effective Date arising out of Employee’s employment by the Company, including, but not limited to to, any and all claims arising directly or indirectly from Employee’s employment with, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includesemployment, civil rights, labor, wage and hour, wage payment, back pay or similar laws, including, without limitation, claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, whistle-blowing or liability in tort, common law claims, claims of any kind that may be brought in any court or administrative agency, any claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 42 U.S.C. ßß 1981-1988, the Civil Rights Act of Title 42 of the United States Code1991, as amended; the Equal Pay Act of 1963Act, as amended; the Age Discrimination in Employment Act of 1967Act, as amended by the Older Worker Workers’ Benefit Protection Act of 1990Act, as amended; the Americans with Disabilities Act of 1990Act, as amended; the Worker Adjustment and Retraining Notification Act, the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008Fair Labor Standards Act, as amended; the Employee Retirement Income Security Act, the Family and Medical Leave Act of 1993Act, as amended; the Occupational Safety and Health Act of 1970Genetic Information Nondiscrimination Act, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994National Labor Relations Act, as amended; the Fair Credit Reporting Act of 1970Act, as amended; the Employee Retirement Income Security Act of 1974Executive Order I 1246, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform and Control Act of 1986, as amended; the National Labor Relations Act of 1935Utah Anti-Discrimination Act, as amended; the Railway Labor Act of 1926Utah Minimum Wage Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act Utah Payment of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwiseWages Act, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any all other federal, state or local governmental agency or commission (“Government Agencies”)statutes, ordinances, and regulations. Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate the Released Claims include a release of claims arising under the Age Discrimination in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government AgenciesEmployment Act.

Appears in 1 contract

Samples: Separation Agreement (Pluralsight, Inc.)

Release of Claims by Employee. (a) Pursuant to the Employment Agreement, Employee, on Employee’s own behalf, with the intention of binding herself and on behalf of Employee’s family members, her heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, administrators and assigns (collectively, and together with Employee, the “Released CompaniesEmployee Releasors”), as well all pasthereby releases, presentremises, acquits and forever discharges the Company and each of its subsidiaries and affiliates (the “Company Affiliated Group”), and future owners, officers, their past and present directors, shareholders, members, managers, partners, employees, agents, independent contractorsattorneys, accountants, representatives, plan fiduciaries, and the successors, predecessors and assigns of each of the foregoing (collectively, and together with the members of the Company Affiliated Group, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys, insurers, third-party administrators, benefit plans, ’ fees and any other representative liabilities of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any actionlaw, claim, obligation, damages, cost, equity or expense that Employee has or may have had against any of themotherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, based upon acts suspected or omissions occurring on unsuspected, that arise out of, or before the moment Employee executes this Releaserelate in any way to, including but not limited to claims arising directly or indirectly from Employee’s employment withwith the Company or the termination of such employment (collectively, “Released Claims”) and that Employee, individually or as a member of a class, now has, owns or holds, or separation has at any time heretofore had, owned or held, against any Company Released Party in any capacity, including any and all Released Claims (i) arising out of or in any way connected with Employee’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity (including as an employee, officer or director), or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable federal, state and local labor and employment fromlaws (including all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation but only to extent applicable, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, claim under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes, without limitation, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 19641964 (“Title VII”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967(“ADEA”) and any similar or analogous state statute, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any excepting only that no claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver in respect of any federal age discrimination claims consistent with of the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwise, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as following rights shall constitute a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government Agencies.Released Claim:

Appears in 1 contract

Samples: Employment Agreement (Rent the Runway, Inc.)

Release of Claims by Employee. Employee agrees that the consideration described in Sections B and D above, represents consideration in addition to that to which Employee would have been entitled under the circumstances, and shall serve as consideration for settlement of all outstanding obligations owed to Employee by the Company through the Effective Date. Notwithstanding the foregoing sentence, Company shall not be relieved of any continuing obligations under the Indemnification Agreement for acts performed within the scope of Employee’s employment with Company through the Final Date of Employment. The parties agree that the effectiveness of this release is a condition precedent to the Company’s obligation to make any payment under Section B of this Agreement. For purposes of this Section H, the term “Company” shall include any predecessors to the Company. Employee, on Employee’s own behalfbehalf of himself, and on behalf of Employee’s his spouse, heirs, beneficiaries, family members, heirsexecutors, executorsagents, attorneys, administrators, successorsaffiliates, assignssuccessors and assigns (collectively, “Employee’s Affiliates”), hereby fully and forever releases the Company and its present and former officers, directors, employees, investors, stockholders, contractors, partners, members, administrators, affiliates, divisions, subsidiaries, predecessor or successor corporations, insurers, attorneys, and other personal representatives of whatever kindagents, RELEASESfiduciaries, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, successors and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, and assigns both in their individual and/or representative capacities (collectively, the “Released CompaniesParties”), as well all past, presentfrom, and future ownersagrees not to xxx concerning, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any action, claim, obligationsuit, agreement, promise, damages, costdispute, controversy, contention, differences, judgment, debt, dues, sum of money, accounts, reckoning, bond, covenant, contract, variance, trespass, execution, demand, duty, obligation or expense that Employee has or may have had against cause of action of any kind whatsoever relating to any matters of themany kind, whether presently known or unknown, based upon suspected or unsuspected, arising from any omissions, acts or omissions occurring on or before facts that have occurred up until and including the moment Employee executes Effective Date of this ReleaseAgreement (collectively, including but not limited to claims arising directly or indirectly from Employee’s employment with, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes“Claims”) including, without limitation, claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, by law, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwise, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government Agencies.,

Appears in 1 contract

Samples: Employment Transition & Release Agreement (Openwave Systems Inc)

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Release of Claims by Employee. In consideration of Company’s promises in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which Employee expressly acknowledges, Employee, on Employee’s own behalf, and on behalf of Employee’s family members, heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES EmployerCompany, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of EmployerCompany, its predecessorsincluding Katalyst Management Collective LLC, successorsKatalyst Capital, Key Investment Associates LLC, Kadens Family Holdings LLC, Xxxxx and assigns Xxx Xxxxxx individually and severally (collectively, the “Released CompaniesAffiliates”), as well all past, present, and future owners, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies Company and the Affiliates, and Insperity, including its current and former parent companies, subsidiaries, and other affiliated companies as well as any of their current and former insurers, directors, officers, agents, shareholders, and employees, (all released entities and individuals in this Section 1 are collectively referred to as collectively, the “Employer Released Parties”) from any action, claim, obligation, damages, cost, or expense that Employee has or may have had against any of them, whether known or unknown, based upon acts or omissions omission occurring on or before the moment Employee executes this ReleaseResignation Date, including but not limited to claims arising directly or indirectly from Employee’s employment with, or separation of employment from, the Company or any of the Released CompaniesAffiliate. This Release in Section 1 release covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includes, without limitation, claims arising under any Ohio the Illinois anti-discrimination laws or regulations, as amendedlaws; the Illinois Civil Rights Act; all state employment laws; Title VII of the Civil Rights Act of 1964, as amended; the Family and Medical Leave Act of 1993, as amended; the Americans with Disabilities Act of 1990, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform Control Act of 1986, as amended; the National Labor Relations Act of 1935, as amended; the Railway Labor Act of 1926, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of However, this Section 1 to the contrary notwithstanding, Employee release does not release or waive any claim under this Release (i) extend to claims which, by law, cannot be released through a Release an agreement such as this. Employee and Company agree and confirm that no reference herein to any specific claim or statute is intended to limit the scope of this Agreement. Nothing in this Section 4.0 precludes Employee from filing a charge of discrimination, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent or from participating in an investigation, with the requirements of federal law, Equal Employment Opportunity Commission (ii“EEOC”) for indemnification pursuant to any employment agreement, if anyor an applicable state agency, or otherwise, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file from filing a charge or complaint with any other governmental agency. Employee, however, expressly waives and releases any right Employee may have to recover any monetary relief or other relief or damages resulting from a charge or any action or suit that may be instituted on Employee’s behalf against the Released Parties by the Equal Employment Opportunity Commission, the National Labor Relations Boardan applicable state agency, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federalgovernmental agency. Further, state Employee expressly waives and releases any right Employee may have to recover any monetary relief or local governmental agency other relief or commission (“Government Agencies”). Employee further understands that this Release does not limit Employee’s ability to communicate with damages resulting from any Government Agencies class or otherwise participate in any investigation or proceeding collective action that may be conducted by any Government Agency, including providing documents or other information, without notice to Employerfiled on Employee’s behalf. This Release does not limit release of Employee’s right to receive an award for information provided to any Government Agenciesmonetary relief covers charges, actions, suits, and class or collective actions based upon acts or omissions occurring on or before the moment Employee executes this Agreement.

Appears in 1 contract

Samples: Confidential Severance Agreement and General Release

Release of Claims by Employee. a. In exchange for the consideration provided in this Agreement, including without limitation the Severance Payment, Employee, on Employee’s own behalf, for himself and on behalf of Employee’s family members, his heirs, executors, administratorsrepresentatives, successorsagents, assigns, attorneysand all persons and entities claiming by, through, or under him, hereby irrevocably and unconditionally fully and forever waives, releases, and other personal representatives of whatever kinddischarges the Company, RELEASESincluding the Company’s parents, REMISESsubsidiaries, AND FOREVER DISCHARGES Employeraffiliates, its predecessors, successors, and assigns, as well as the pastand each of its and their respective officers, presentdirectors, employees, shareholders, and future parentpartners, subsidiary, in their corporate and affiliated companies individual capacities (both individually and divisions of Employer, its predecessors, successors, and assigns (collectively, the “Released CompaniesParties”), as well from any and all pastclaims, presentliabilities, charges, obligations, demands, grievances, lawsuits, causes of action, attorney fees, costs, and future owners, officers, directors, shareholders, members, managers, partners, employees, agents, independent contractors, attorneys, insurers, third-party administrators, benefit plans, and liabilities of any other representative of whatever kind or nature (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as the “Employer Released Parties”) from any actionwhatsoever, claimincluding without limitation claims for contribution, obligation, damages, costsubrogation, or expense that Employee has or may have had against any of themindemnification, whether known or unknownunknown (collectively, based upon acts “Claims”), which Employee may have or omissions occurring on has ever had as of the Effective Date against the Released Parties in any way related to any way related to the Employee’s hire, benefits, employment, termination, or before separation from employment with the moment Employee executes this ReleaseCompany by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter (the “Released Claims”). The Released Claims include, but are not limited to, any matters, causes, or things whatsoever that were, have been, or in any way could have been alleged as of the Effective Date including but not limited to to, any and all claims arising directly or indirectly from Employee’s employment with, or separation of employment from, any of the Released Companies. This Release in Section 1 covers all possible claims that are waivable by law, including but not limited to all claims that could be asserted in contract, in tort, under any state common law, under federal common law, under any state constitution, under the federal Constitution, or under any federal statute, state statute, local ordinance, or under any federal, state, or local regulation. This specifically includesemployment, civil rights, labor, wage and hour, wage payment, back pay or similar laws, including, without limitation, claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, whistle-blowing or liability in tort, common law claims, claims of any kind that may be brought in any court or administrative agency, any claims arising under any Ohio anti-discrimination laws or regulations, as amended; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 42 U.S.C. §§ 1981-1988, the Civil Rights Act of Title 42 of the United States Code1991, as amended; the Equal Pay Act of 1963Act, as amended; the Age Discrimination in Employment Act of 1967Act, as amended by the Older Worker Workers’ Benefit Protection Act of 1990Act, as amended; the Americans with Disabilities Act of 1990Act, as amended; the Worker Adjustment and Retraining Notification Act, the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008Fair Labor Standards Act, as amended; the Employee Retirement Income Security Act, the Family and Medical Leave Act of 1993Act, as amended; the Occupational Safety and Health Act of 1970Genetic Information Nondiscrimination Act, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994National Labor Relations Act, as amended; the Fair Credit Reporting Act of 1970Act, as amended; the Employee Retirement Income Security Act of 1974Executive Order I 1246, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended; the Employee Polygraph Protection Act of 1988, as amended; the Immigration Reform and Control Act of 1986, as amended; the National Labor Relations Act of 1935Utah Anti-Discrimination Act, as amended; the Railway Labor Act of 1926Utah Minimum Wage Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform Utah Payment of Wages Act, the New Jersey Law Against Discrimination, the New Jersey Family Medical Leave Act, the New Jersey Conscientious Employee Protection Act, the New Jersey Wage Payment Law, the New Jersey Wage and Consumer Protection Act of 2010Hour Law, as amended. The above provisions of this Section 1 to retaliation claims under the contrary notwithstandingNew Jersey Workers’ Compensation Act, Employee does not release or waive any claim under this Release (i) whichthe New Jersey Equal Pay Act, by lawthe New Jersey Civil Union Act, cannot be released through a Release such as this, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal law, (ii) for indemnification pursuant to any employment agreement, if any, or otherwiseNew Jersey Smoking Law, and for coverage as an insured pursuant to any directors and officers liability that insures Employee immediately prior to the Separation Date, (iii) in his capacity as a stockholder of Employer, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are based, in whole or in part, on acts or omissions that occur after Employee executes this Release. Notwithstanding anything to the contrary in this Release, nothing contained in this Release limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any all other federal, state or local governmental agency or commission (“Government Agencies”)statutes, ordinances, and regulations. Employee further understands that this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate the Released Claims include a release of claims arising under the Age Discrimination in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government AgenciesEmployment Act.

Appears in 1 contract

Samples: Separation Agreement (Pluralsight, Inc.)

Release of Claims by Employee. In consideration of the promises of the Company provided herein, including the Company’s mutual release of claims, the consideration provided for in Section 2, and other consideration provided for in this Agreement, that being good and valuable consideration, the receipt, adequacy and sufficiency of which Employee acknowledges, Employee, on Employee’s own behalf, behalf and on behalf of Employee’s family membersagents, administrators, representatives, executors, successors, heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, devisees and assigns (collectively, the “Released CompaniesEmployee Releasing Parties)) hereby fully and forever waives, as well all releases, extinguishes and discharges the Company, its shareholders, its affiliates, subsidiaries and its past, present, present and future parents, owners, officers, directors, shareholders, members, managers, partnersexecutives, employees, agentsconsultants, independent contractors, partners, agents, attorneys, advisers, insurers, third-party administratorsfiduciaries, employee benefit plans, representatives, successors and assigns (each, a “Company Released Party” and collectively, the “Company Released Parties”), jointly and severally, from any other representative and all claims, rights, demands, debts, obligations, losses, causes of whatever action, suits, controversies, setoffs, affirmative defenses, counterclaims, third party actions, damages, penalties, costs, expenses, attorneys’ fees, liabilities and indemnities of any kind or nature whatsoever (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as collectively, the “Employer Released PartiesClaims) from any action, claim, obligation, damages, cost, or expense that Employee has or may have had against any of them), whether known or unknown, based upon acts suspected or omissions occurring unsuspected, accrued or unaccrued, whether at law, equity, administrative, statutory or otherwise, and whether for injunctive relief, back pay, front pay, fringe benefits, equity, reinstatement, reemployment, compensatory damages, punitive damages, or any other kind of damages, which any of Employee Releasing Parties have, had or may have against any of the Company Released Parties relating to or arising out of any matter arising on or before the moment date this Agreement is executed by Employee. Such released Claims include, without limitation, (i) all Claims arising out of or in connection with, or in any way related to Employee’s employment, compensation, equity, bonuses, commissions, incentive compensation, payments, vacation, leaves of absence, alleged payments, benefits, employment contracts, terms and conditions of employment, severance pay, and any other benefits Employee executes this Release, including but may or may not limited to claims arising directly or indirectly from have TRANSITION AND SEPARATION AGREEMENT received during Employee’s employment withwith the Company (or any Released Party), (ii) all Claims arising at law or separation of employment from, any of the Released Companies. This Release equity or sounding in Section 1 covers all possible claims that are waivable by lawcontract (express or implied) or tort, including but not limited to all claims that could be asserted in contractClaims for wrongful discharge, in tortlibel, under any state common lawslander, under federal common lawbreach of express or implied contract or implied covenant of good faith and fair dealing, under any state constitution, under the federal Constitution, or under any federal (iii) Claims arising by statute, state statutecommon law or otherwise, local ordinance, or including all Claims arising under any federal, state, local, county or local regulation. This specifically includesmunicipal laws of any jurisdiction, (iv) Claims for alleged fraud, concealment, negligence, negligent misrepresentation, promissory estoppel, quantum meruit, intentional or negligent infliction of emotional distress, violation of public policy, (v) Claims for discrimination, harassment, sexual harassment or retaliation and Claims arising under any laws that prohibit discrimination, harassment or retaliation based on age, sex, gender, pregnancy, sexual orientation, race, color, ancestry, national origin, alienage or citizenship status, religion, creed, disability, medical leave, military status, veteran status, marital status, genetic information, the filing of or intent to file a workers’ compensation claim, or any other protected trait, characteristic, or activity, including, without limitation, claims arising under any Ohio anti-discrimination laws or regulationsthe Age Discrimination in Employment Act of 1967, as amended; , the Americans with Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 , 42 U.S.C. §1981, the Civil Rights Act of Title 42 1991, the Civil Rights Act of the United States Code1866 and/or 1871, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Xxxxx Xxxxxxxxx Fair Pay Act of 19672009, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970Labor Standards Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; , the Consolidated Omnibus Budget Reconciliation Family and Medical Leave Act of 19861993, as amended; the Occupational Safety and Health Act, the Employee Polygraph Protection Act of 1988Act, as amended; the Immigration Reform Control Act of 1986Uniformed Services Employment and Reemployment Rights Act, as amended; the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the National Labor Relations Act Act, the Labor Management Relations Act, the Immigration Reform and Control Act, the Texas Labor Code, the Texas Payday Law, the Texas Commission on Human Rights or Chapter 21, any statute or laws of 1935the State of Texas or any other federal, state, local, municipal or common law whistleblower, discrimination or anti-retaliation statute law or ordinance, and (vi) any other Claims arising under state, federal, local, municipal or common law, as amended; the Railway Labor Act of 1926well as any expenses, costs or attorneys’ fees. Except as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, required by law, canEmployee agrees that Employee will not be released through a Release such as thiscommence, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal lawmaintain, (ii) for indemnification pursuant to any employment agreement, if anyinitiate, or otherwiseprosecute, and for coverage as an insured pursuant or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any directors and officers liability that insures Employee immediately prior to action, lawsuit, proceeding, charge, petition, complaint or Claim before any court, agency or tribunal against the Separation DateCompany or any of the Company Released Parties arising from, (iii) in his capacity as a stockholder of Employerconcerned with, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are basedotherwise relating to, in whole or in part, on acts Employee’s employment, the terms and conditions of Employee’s employment, or omissions that occur after Employee executes this Release. Notwithstanding anything to Employee’s separation from employment with the contrary Company or any of the matters or Claims discharged and released in this ReleaseAgreement. Employee represents that Employee has not filed any complaints, nothing contained in this Release limits Employee’s ability to file a charge charges or complaint lawsuits against the Company with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands any court based on Claims that are released and waived by this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government AgenciesRelease.

Appears in 1 contract

Samples: Transition and Separation Agreement (Goosehead Insurance, Inc.)

Release of Claims by Employee. In consideration of the promises of the Company provided herein, including the Company’s mutual release of claims, the consideration provided for in Section 2, and other consideration provided for in this Agreement, that being good and valuable consideration, the receipt, adequacy and sufficiency of which Employee acknowledges, Employee, on Employee’s own behalf, behalf and on behalf of Employee’s family membersagents, administrators, representatives, executors, successors, heirs, executors, administrators, successors, assigns, attorneys, and other personal representatives of whatever kind, RELEASES, REMISES, AND FOREVER DISCHARGES Employer, its predecessors, successors, and assigns, as well as the past, present, and future parent, subsidiary, and affiliated companies and divisions of Employer, its predecessors, successors, devisees and assigns (collectively, the “Released CompaniesEmployee Releasing Parties)) hereby fully and forever waives, as well all releases, extinguishes and discharges the Company, its shareholders, its affiliates, subsidiaries and its past, present, present and future parents, owners, officers, directors, shareholders, members, managers, partnersexecutives, employees, agentsconsultants, independent contractors, partners, agents, attorneys, advisers, insurers, third-party administratorsfiduciaries, employee benefit plans, representatives, successors and assigns (each, a “Company Released Party” and collectively, the “Company Released Parties”), jointly and severally, from any other representative and all claims, rights, demands, debts, obligations, losses, causes of whatever action, suits, controversies, setoffs, affirmative defenses, counterclaims, third party actions, damages, penalties, costs, expenses, attorneys’ fees, liabilities and indemnities of any kind or nature whatsoever (individually and in their official capacities) of the Released Companies (all released entities and individuals in this Section 1 are collectively referred to as collectively, the “Employer Released PartiesClaims) from any action, claim, obligation, damages, cost, or expense that Employee has or may have had against any of them), whether known or unknown, based upon acts suspected or omissions occurring unsuspected, accrued or unaccrued, whether at law, equity, administrative, statutory or otherwise, and whether for injunctive relief, back pay, front pay, fringe benefits, equity, reinstatement, reemployment, compensatory damages, punitive damages, or any other kind of damages, which any of Employee Releasing Parties have, had or may have against any of the Company Released Parties relating to or arising out of any matter arising on or before the moment date this Agreement is executed by Employee. Such released Claims include, without limitation, (i) all Claims arising out of or in connection with, or in any way related to Employee’s employment, compensation, equity, bonuses, commissions, incentive compensation, payments, vacation, leaves of absence, alleged payments, benefits, employment contracts, terms and conditions of employment, severance pay, and any other benefits Employee executes this Release, including but may or may not limited to claims arising directly or indirectly from have received during Employee’s employment withwith the Company (or any Released Party), (ii) all Claims arising at law or separation of employment from, any of the Released Companies. This Release equity or sounding in Section 1 covers all possible claims that are waivable by lawcontract (express or implied) or tort, including but not limited to all claims that could be asserted in contractClaims for wrongful discharge, in tortlibel, under any state common lawslander, under federal common lawbreach of express or implied contract or implied covenant of good faith and fair dealing, under any state constitution, under the federal Constitution, or under any federal (iii) Claims arising by statute, state statutecommon law or otherwise, local ordinance, or including all Claims arising under any federal, state, local, county or local regulation. This specifically includesmunicipal laws of any jurisdiction, (iv) Claims for alleged fraud, concealment, negligence, negligent misrepresentation, promissory estoppel, quantum meruit, intentional or negligent infliction of emotional distress, violation of public policy, (v) Claims for discrimination, harassment, sexual harassment or retaliation and Claims arising under any laws that prohibit discrimination, harassment or retaliation based on age, sex, gender, pregnancy, sexual orientation, race, color, ancestry, national origin, alienage or citizenship status, religion, creed, disability, medical leave, military status, veteran status, marital status, genetic information, the filing of or intent to file a workers’ compensation claim, or any other protected trait, characteristic, or activity, including, without limitation, claims arising under any Ohio anti-discrimination laws or regulationsthe Age Discrimination in Employment Act of 1967, as amended; , the Americans with Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 , 42 U.S.C. §1981, the Civil Rights Act of Title 42 1991, the Civil Rights Act of the United States Code1866 and/or 1871, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Xxxxx Xxxxxxxxx Fair Pay Act of 19672009, as amended by the Older Worker Benefit Protection Act of 1990, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Genetic Information Non-Discrimination Act of 2008, as amended; the Family and Medical Leave Act of 1993, as amended; the Occupational Safety and Health Act of 1970, as amended; the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended; the Fair Credit Reporting Act of 1970Labor Standards Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; , the Consolidated Omnibus Budget Reconciliation Family and Medical Leave Act of 19861993, as amended; the Occupational Safety and Health Act, the Employee Polygraph Protection Act of 1988Act, as amended; the Immigration Reform Control Act of 1986Uniformed Services Employment and Reemployment Rights Act, as amended; the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the National Labor Relations Act Act, the Labor Management Relations Act, the Immigration Reform and Control Act, the Texas Labor Code, the Texas Payday Law, the Texas Commission on Human Rights or Chapter 21, any statute or laws of 1935the State of Texas or any other federal, state, local, municipal or common law whistleblower, discrimination or anti-retaliation statute law or ordinance, and (vi) any other Claims arising under state, federal, local, municipal or common law, as amended; the Railway Labor Act of 1926well as any expenses, costs or attorneys’ fees. Except as amended; the Xxxxxxxx-Xxxxx Act of 2002, as amended; and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, as amended. The above provisions of this Section 1 to the contrary notwithstanding, Employee does not release or waive any claim under this Release (i) which, required by law, canEmployee agrees that Employee will not be released through a Release such as thiscommence, such as any challenge by Employee on whether Employee knowingly and voluntarily executed this Release’s waiver of any federal age discrimination claims consistent with the requirements of federal lawmaintain, (ii) for indemnification pursuant to any employment agreement, if anyinitiate, or otherwiseprosecute, and for coverage as an insured pursuant or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any directors and officers liability that insures Employee immediately prior to action, lawsuit, proceeding, charge, petition, complaint or Claim before any court, agency or tribunal against the Separation DateCompany or any of the Company Released Parties arising from, (iii) in his capacity as a stockholder of Employerconcerned with, (iv) for any accrued and vested benefit under any employee benefit plan in which he is a participant immediately prior to the Separation Date, (v) for enforcement of this Release or (vi) that are basedotherwise relating to, in whole or in part, on acts Employee’s employment, the terms and conditions of Employee’s employment, or omissions that occur after Employee executes this Release. Notwithstanding anything to Employee’s separation from employment with the contrary Company or any of the matters or Claims discharged and released in this ReleaseAgreement. Employee represents that Employee has not filed any complaints, nothing contained in this Release limits Employee’s ability to file a charge charges or complaint lawsuits against the Company with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands any court based on Claims that are released and waived by this Release does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Employer. This Release does not limit Employee’s right to receive an award for information provided to any Government AgenciesRelease.

Appears in 1 contract

Samples: Separation and Engagement Agreement (Goosehead Insurance, Inc.)

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