Common use of Release of Claims by Employee Clause in Contracts

Release of Claims by Employee. In consideration for the receipt of the separation pay and other benefits described in this Agreement and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Employee, Employee hereby waives, voluntarily releases and forever discharges Employer, its parent companies, predecessors, successors, affiliates and subsidiaries, and their respective shareholders, employees, officers, representatives, agents, and directors (collectively “the Company”) from the following: • All claims arising out of or relating to Employee’s employment with the Company or Employee’s separation from that employment; • All claims arising out of or relating to any written or implied personnel policy or practice of the Company or the statements, actions, or omissions of the Company; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and any other federal, state or local anti-discrimination acts, state wage acts and non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; breach of contract; breach of implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation of any other principle of common law; • All claims for compensation of any kind, including without limitation, commission payments, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does not release any claims that the law does not allow to be waived or any claims that may arise after the date on which Employee signs this Agreement. Employee also agrees not to seek re-employment with Employer in the future.

Appears in 2 contracts

Samples: Separation Agreement (Viad Corp), Separation Agreement and Release (Viad Corp)

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Release of Claims by Employee. In consideration for the receipt of the separation pay and other benefits described Except as otherwise set forth in this Agreement and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by EmployeeAgreement, Employee hereby waivesreleases, voluntarily releases acquits and forever discharges Employerthe Company, its parent companiesofficers, predecessorsdirectors, agents, attorneys, servants, employees, shareholders, successors, affiliates assigns and subsidiariesaffiliates, of and their respective shareholdersfrom any and all claims, employeesliabilities, officersdemands, representativescauses of action, agentscosts, expenses, attorneys' fees, damages and directors (collectively “the Company”) from the following: • All claims obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or relating in any way related to agreements, events, acts or conduct at any time prior to and including the execution date hereof, including but not limited to: any and all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s 's employment with the Company or Employee’s separation from the termination of that employment; • All claims arising out of or relating demands related to salary, bonuses, commissions, stock, stock options, or any written or implied personnel policy or practice of other ownership interests in the Company or (other than the statementsOwned Stock and Stock Options), actionsvacation pay, fringe benefits, expense reimbursements, sabbatical benefits, severance benefits, or omissions any other form of the Companycompensation; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other alleged unlawful practices arising under pursuant to any federal, state, state or local statutelaw or cause of action including, ordinancebut not limited to, or regulation, including without limitation, claims under Title VII of the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act of 1967, as amendedamended (the "ADEA"); the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; 42 U.S.C. 12101, et. seq.tort law; the Family and Medical Leave Act of 1993contract law; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and any other federal, state or local anti-discrimination acts, state wage acts and non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; discrimination; fraud; defamation; emotional distress; and breach of contract; breach of the implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; promissory estoppel; Employee’s activities. Notwithstanding the above, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation of any other principle of common law; • All claims for compensation of any kind, including without limitation, commission payments, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does not release any claims that the law does not allow to be waived or any claims that Employee may arise after the date on which Employee signs have (i) under this Agreement. Employee also agrees not , (ii) for indemnification pursuant to seek re-employment and in accordance with Employer in applicable statutes and the futureapplicable terms of the charters, articles of incorporation or bylaws of Company or its affiliates or under any indemnification agreements, and any insurance coverage for such claims, (iii) vested pension or retirement benefits under the terms of qualified employee pension benefit plans, (iv) for accrued benefits under the terms of applicable employee benefit plans, or (v) with respect to the Owned Stock or Stock Options.

Appears in 1 contract

Samples: Separation Agreement (Cypress Bioscience Inc)

Release of Claims by Employee. In consideration exchange for the receipt of the separation pay and other benefits described promises contained in this Agreement and for good and valuable consideration to the receipt and sufficiency of which is hereby acknowledged extent permitted by Employeelaw, Employee on behalf of himself and on behalf of his marital community hereby waives, voluntarily releases and forever discharges Employerdischarges, and agrees that he will not in any manner institute, prosecute or pursue any and all complaints, claims, charges, liabilities, claims for relief, demands, suits, actions or causes of action, whether in law or in equity, which he asserts or could assert, at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever against the Employer and/or any of its parent companiescurrent or former owners, predecessorsofficials, directors, officers, shareholders, affiliates, agents, employee benefit plans, representatives, servants, employees, attorneys, subsidiaries, parents, divisions, branches, units, successors, affiliates predecessors and subsidiaries, and their respective shareholders, employees, officers, representatives, agents, and directors assigns (collectively referred to herein as the CompanyRelease Parties”) from the following: • All claims with respect to any event, matter, claim, damage or injury arising out of or relating to Employee’s his employment relationship with the Company or Employee’s separation from that employment; • All claims arising out Employer, and/or termination of or relating to any written or implied personnel policy or practice of the Company or the statementssuch employment relationship, actionsincluding, or omissions of the Company; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation, claims under sounding in tort, violation of public policy, breach of contract or claims arising from the Federal Age Discrimination and Employment Act, Americans with Disabilities Act, or Title VII of the Civil Rights Act of 1964, as amended; , the Age Discrimination in Employment Fair Labor Standards Rights Act of 19671964, as amended; the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and , as amended, or any similar state statute and/or any other federalfederal or state statute, state or local anti-discrimination acts, state wage acts and non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; breach of contract; breach of implied contract; failure and/or with respect to keep any promise; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation claim, matter or event arising prior to execution of this Agreement by Employee. It is the intent of Employee that the foregoing release encompasses all claims of any other principle kind and description, specifically including, but not limited to, any claim relating to the action of common law; • All claims for compensation the Board of any kind, including without limitation, commission payments, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right Directors to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does not release any claims that void the law does not allow to be waived or any claims that may arise after the date on which Employee signs this Amended Employment Agreement. Employee also agrees not to seek re-employment with Employer in the future.

Appears in 1 contract

Samples: General Release and Settlement Agreement (General Moly, Inc)

Release of Claims by Employee. In Employee agrees that the foregoing consideration for represents settlement in full of all outstanding obligations owed to Employee by the receipt of the separation pay and other benefits described in this Agreement and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Company. Employee, Employee on behalf of himself, and his heirs, family members, executors and assigns, hereby waives, voluntarily releases fully and forever discharges Employerreleases the Company and its respective officers, its parent companies, predecessors, successors, affiliates and subsidiaries, and their respective shareholdersdirectors, employees, officers, representatives, agents, attorneys and directors (collectively “the Company”) from the following: • All claims arising out assigns, from, and agrees not to xxx concerning, any claim, duty, obligation or cause of or action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that he may possess arising from any omissions, acts or facts that have occurred up until and including the effective date of this Agreement including, without limitation: (a) any and all claims relating to or arising from Employee’s employment relationship with the Company and the termination of that relationship; (b) any and all claims relating to, or arising from, Employee’s separation from that employment; • All claims arising out of or relating right to any written or implied personnel policy or practice of the Company or the statements, actionspurchase, or omissions actual purchase of shares of stock of the Company; • All claims for any alleged unlawful discrimination, harassmentincluding, retaliation or reprisal, or other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under Title VII of the Civil Rights Act of 1964applicable state corporate law, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and securities fraud under any other federal, state or local anti-discrimination acts, state wage acts federal law; (c) any and non-interference or non-retaliation statutes; • All all claims for alleged wrongful dischargedischarge of employment; termination in violation of public policy; discrimination; breach of contract; breach of implied contract; failure to keep any promise, both express and implied; breach of a covenant of good faith and fair dealing; breach of fiduciary duty, both express and implied; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; negligent or intentional infliction of emotional distress; fraudnegligent or intentional misrepresentation; misrepresentationnegligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; harassment; retaliation or reprisal; constructive dischargepersonal injury; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practicesfalse imprisonment; and conversion; (d) any and all claims for violation of any other principle federal, state or municipal statute, including, but not limited to, Title VII of common law; • All the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, The Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act, the Family and Medical Leave Act; (e) any and all claims for compensation violation of the federal, or any state, constitution; (f) any and all claims arising out of any kind, including without limitation, commission payments, bonus payments, vacation pay, other laws and expense reimbursementsregulations relating to employment or employment discrimination; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and (g) any and punitive damages; • All all claims for attorneys’ fees, fees and costs, and interest. Employee also waives any right agrees that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does not release any claims that the law does not allow to be waived or any claims that may arise after the date on which Employee signs obligations incurred under this Agreement. Employee also agrees not to seek re-employment with Employer in the future.

Appears in 1 contract

Samples: Settlement Agreement (Sonic Innovations Inc)

Release of Claims by Employee. In consideration for the receipt (a) The Employee, on behalf of the separation pay Employee and other benefits described in this Agreement and for good and valuable consideration anyone claiming through the receipt and sufficiency of which is hereby acknowledged by Employee, Employee hereby waivesincluding, voluntarily releases but not limited to, the Employee’s past, present and forever discharges Employerfuture spouses, its parent companiesfamily members, predecessorsrelatives (of any degree of kinship), successorsagents, affiliates and subsidiaries, and their respective shareholders, employees, officersattorneys, representatives, agentsheirs, executors and administrators, and directors the predecessors, successors and assigns of each of them, hereby releases, forever discharges and agrees not to xxx PA (collectively including, but not limited to, PA’s predecessors, successors and assigns, and any current or former director, officer, employee or agent of PA) (the the CompanyPA Released Parties”) from the following: • All claims arising out of or relating to Employee’s employment with the Company or Employee’s separation from that employment; • All claims arising out of or relating respect to any written and all claims, demands, causes of action, orders, agreements, debts and liabilities, whether in a state, federal or implied personnel policy local court, commission, department or practice agency or otherwise, which the Employee now has, has ever had, or may in the future have, whether known or unknown, against any of the Company PA Released Parties for or the statements, actions, or omissions of the Company; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation, claims under related to (i) Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1966, as amended, the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, as amended, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the California Fair Employment and Housing Act, as amended, or the Age Discrimination in Employment Act of 1967, as amended; and (ii) the Americans with Disabilities Act Employee’s employment by PA including, but not limited to compensation (including deferred compensation), debts and sums of 1990money (all of the foregoing collectively being referred to as the “Employee Released Claims”). (b) Notwithstanding anything to the contrary in Section 3(a), as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act Released Claims do not include and nothing in this Section 3 will apply to, or release any of 1974; the Equal Pay Act PA Released Parties from (i) any obligation of 1963; PA contained in this Agreement or the Fair Labor Standards Act; LECG/PA Agreement and the Worker Adjustment transactions contemplated hereby and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and any other federalthereby, state or local anti-discrimination acts(ii) PA’s Payment Obligation, state wage acts and non-interference or non-retaliation statutes; • All (iii) claims for alleged wrongful discharge; breach of contract; breach of implied contract; failure relating to keep any promise; breach of a covenant of good faith and fair dealing; breach material breaches of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation duty under ERISA or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation of any other principle of common law; • All claims for compensation of any kind, including without limitation, commission payments, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by EmployeeERISA governed plan, or (iv) any obligation of PA to provide indemnification to the Employee with respect to acts or failures to act by any state or federal agency on Employee’s behalf the Employee prior to the Effective Date in connection with the Employee’s employment with or termination of employment from Employerconsulting for PA. Employer acknowledges The Employee represents and understands, however, warrants to PA that the Employee does not release currently know of any claims matter for which the Employee will seek indemnification pursuant to any such obligation. If the Employee is a resident of California, the Employee also acknowledges that the law does not allow Employee is aware of and familiar with the provisions of California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Having reviewed this provision, the Employee nevertheless hereby voluntarily waives any and all rights under this statutory provision with respect to the Employee Released Claims. (c) The Employee hereby irrevocably covenants to refrain from, directly or indirectly, asserting any Employee Released Claim against any Company PA Party, or commencing, instituting or causing to be waived commenced, any proceeding of any kind against any PA Released Party, based upon any Employee Released Claim. (d) Without in any way limiting any of the rights and remedies otherwise available to any PA Released Party, the Employee will indemnify and hold harmless each PA Released Party from and against any and all loss and expense whether or not involving third party claims, incurred by any PA Released Party in connection with or arising from the assertion against any PA Released Party by or on behalf of the Employee of any Employee Released Claim. (e) Nothing in this Agreement is intended to be, or shall be construed as, an admission by PA or any claims PA Released Party that may arise after any of them violated any law, interfered with any right, breached any obligation or otherwise engaged in any improper or illegal conduct with respect to the date on which Employee signs this Agreement. Employee also agrees not to seek re-employment with Employer in the futureor otherwise.

Appears in 1 contract

Samples: Agreement (Lecg Corp)

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Release of Claims by Employee. In consideration for the receipt of the separation pay and other benefits described in this Agreement and for (a) For good and valuable consideration consideration, including but not limited to the agreement to provide certain benefits pursuant to the Employment Agreement, the receipt and sufficiency of which is hereby acknowledged by Employeeacknowledged, Employee does hereby waivesfully, voluntarily releases finally and forever discharges release and discharge Employer, its parent companies, predecessors, successors, affiliates and subsidiaries, and their respective divisions, affiliates, representatives, officers, directors, members, managers, shareholders, agents, employees, officersattorneys and assigns, representativesof and from all claims, agentsdemands, actions, causes of action, suits, damages, losses and expenses of any and every nature whatsoever, whether known or not known, from the beginning of time to the date of this Release, concerning the employment of Employee by Employer, or the termination of such employment, and directors (collectively “the Company”) from including any and all acts that have been or could have been alleged to have violated Employee’s rights under federal, state or local law, and including but not limited to the following: • All (i) any claims based on the legal theories of wrongful or unjust termination, breach of contract (express or implied, including the Employment Agreement), promissory estoppel, negligent or intentional (tortious) conduct, negligent or intentional infliction of emotional distress, defamation, breach of any implied covenant of good faith and fair dealing, and any and all forms of employment discrimination, and including claims for attorneys’ fees, expenses and costs related to any of the foregoing; (ii) any claims arising out of or relating related to Employee’s employment with the Company or Employee’s separation from that employment; • All claims arising out of or relating to any written or implied personnel policy or practice of the Company or the statements, actions, or omissions of the Company; • All claims for any alleged unlawful discrimination, harassment, retaliation or reprisal, or other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation, claims under Title VII of the Civil Rights Act Acts of 19641866, as amended1871, 1964 and 1991; the Age Discrimination in Employment Act of 1967, as amended1967 (“ADEA”); the Older Workers Benefit Protection Act of 1990 (“OWBPA”); the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.Chapter 4112 of the Ohio Revised Code; the all federal and state Family and Medical Leave Act of 1993Acts; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; (“ERISA”), the Civil Rights Attorney’s Fees Awards Act of 19911976, in each case as amended from time to time; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and or under any other federal, state or local anti-statute prohibiting discrimination actsin employment, state wage acts and non-interference or non-retaliation statutesto request that a lawsuit be instituted pursuant to 29 U.S.C. §206(d); • All or (iii) claims for alleged wrongful discharge; breach arising out of contract; breach of implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation provision of any other principle of common law; • All claims for compensation of any kind, including without limitation, commission payments, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with law concerning Employee’s employment with or the termination thereof, common or statutory, including but not limited to any law of employment the United States of America, the State of Ohio or any other state or government entity. Notwithstanding the foregoing, excluded from Employer. Employer acknowledges and understands, however, that Employee does not release this Release are any claims or causes of action by or on behalf of Employee for: (A) any payment or benefit that may be due or payable under any Plan (as defined in the law does Employment Agreement) prior to the receipt thereof; (B) a breach by Employer of this Release or the provisions of any written employment agreement between Employer and Employee that expressly survive the Termination Date, which breach occurs after the Termination Date; or (C) any failure by Employer to provide Employee with any indemnification, advancement of expenses (including but not allow limited to be waived attorneys fees) or insurance proceeds to which Employee is entitled under Employer’s charter documents or directors and officers insurance policy. (b) Employee agrees not to institute a lawsuit with respect to any matters released or any claims that may arise after the date on which Employee signs rights waived in this Agreement. It is understood and agreed that nothing contained in this Agreement is intended to affect Employee’s right to file an administrative charge with the Equal Employment Opportunity Commission (“EEOC”), subject to the restriction that if any such charge is filed Employee also agrees not to seek reor in any way obtain or accept any monetary award, recovery, settlement or relief therefrom. Nothing in this Agreement shall prevent Employee from filing a legal action to challenge the validity of this Agreement (including a challenge as to whether Employee’s agreement to the terms of this Agreement was knowing and voluntary for purposes of the ADEA), or to pursue any claims that by law Employee cannot waive. Employee further agrees that should any class or collective action lawsuit in which he may be a participant be brought against Employer, he will opt-employment with Employer out of (or refrain from opting in to) the futureclass or collective action.

Appears in 1 contract

Samples: Employment Agreement (Hawk Corp)

Release of Claims by Employee. In consideration for the receipt of the separation pay and other benefits described Except as otherwise set forth in this Agreement and for good and valuable consideration the receipt and sufficiency of which is Agreement, you hereby acknowledged by Employeerelease, Employee hereby waives, voluntarily releases acquit and forever discharges Employer, discharge the Company and its parent companies, predecessors, successors, affiliates and subsidiariesaffiliates, and their respective shareholderssuccessors and assigns, employeesand any and all current, former and future directors, officers, representatives, agents, attorneys, servants, employees and directors (collectively “the Company”) shareholders thereof, of and from the following: • All claims any and all claims, liabilities, demands, causes of action, costs, expenses, attorney's fees, damages and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or relating in any way related to Employee’s employment with agreements, events, acts or conduct at any time prior to and including the Company date hereof, including but not limited to any and all: (a) claims and demands directly or Employee’s separation from that employment; • All claims indirectly arising out of or relating in any way connected with your employment; (b) claims or demands related to any written or implied personnel policy or practice of the Company or the statementssalary, actionsbonuses, commissions, stock, stock options, or omissions of any other ownership interests in the Company; • All claims for any alleged unlawful discrimination, harassmentvacation pay, retaliation or reprisalfringe benefits, expense reimbursements, sabbatical benefits, severance benefits, or any other alleged unlawful practices arising under form of compensation; (c) claims pursuant to any federal, state, state or local statute, ordinance, law or regulationcause of action, including without limitation, claims under Title VII of but not limited to the Civil Rights Act of 1964, as amended; , the Age Discrimination in Employment Act of 1967, as amended; amended ("ADEA"), the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and any other federaltort law, state or local anti-discrimination actscontract law, state wage acts and non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; , discrimination, fraud, defamation, emotional distress and breach of contract; breach of the implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach and (d) claims or demands for future damages based on the alleged continuation of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation the effects of any other principle of common law; • All claims for compensation of any kindsuch past agreements, including without limitationevents, commission paymentsacts or conduct. Notwithstanding the above, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does you do not release any claims that you may have (i) under this Agreement, (ii) for indemnification pursuant to and in accordance with applicable statutes and the law does not allow to be waived applicable terms of the charters, articles of incorporation or bylaws of the Company or any claims that may arise after of its affiliates, or (iii) for accrued and vested benefits under the date on which Employee signs this Agreement. Employee also agrees not to seek re-employment with Employer in the futureterms of applicable employee benefit plans.

Appears in 1 contract

Samples: Separation Agreement (Gerber Scientific Inc)

Release of Claims by Employee. In consideration for the receipt of the separation pay and other benefits described Except as otherwise set forth in this Agreement and for good and valuable consideration the receipt and sufficiency of which is Agreement, you hereby acknowledged by Employeerelease, Employee hereby waives, voluntarily releases acquit and forever discharges Employer, discharge the Company and its parent companies, predecessors, successors, affiliates and subsidiariesaffiliates, and their respective shareholderssuccessors and assigns, employeesand any and all current, former and future directors, officers, representatives, agents, attorneys, servants, employees and directors (collectively “the Company”) shareholders thereof, of and from the following: • All claims any and all claims, liabilities, demands, causes of action, costs, expenses, attorney's fees, damages and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or relating in any way related to Employee’s employment with agreements, events, acts or conduct at any time prior to and including the Company date hereof, including but not limited to any and all: (a) claims and demands directly or Employee’s separation from that employment; • All claims indirectly arising out of or relating in any way connected with your employment; (b) claims or demands related to any written or implied personnel policy or practice of the Company or the statementssalary, actionsbonuses, commissions, stock, stock options, or omissions of any other ownership interests in the Company; • All claims for any alleged unlawful discrimination, harassmentvacation pay, retaliation or reprisalfringe benefits, expense reimbursements, sabbatical benefits, severance benefits, or any other alleged unlawful practices arising under form of compensation; (c) claims pursuant to any federal, state, state or local statute, ordinance, law or regulationcause of action, including without limitation, claims under Title VII of but not limited to the Civil Rights Act of 1964, as amended; , the Age Discrimination in Employment Act of 1967, as amended; amended ("ADEA"), the Americans with Disabilities Act of 1990, as amended; 42 U.S.C. 12101, et. seq.; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; the Equal Pay Act of 1963; the Fair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Civil Rights Act of 1991; the Fair Credit Reporting Act; the Older Workers Benefit Protection Act; and any other federaltort law, state or local anti-discrimination actscontract law, state wage acts and non-interference or non-retaliation statutes; • All claims for alleged wrongful discharge; , discrimination, fraud, defamation, emotional distress and breach of contract; breach of the implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach and (d) claims or demands for future damages based on the alleged continuation of fiduciary duty; promissory estoppel; Employee’s activities, if any, as a “whistleblower”; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; any other wrongful employment practices; and violation the effects of any other principle of common law; • All claims for compensation of any kindsuch past agreements, including without limitationevents, commission paymentsacts or conduct. Notwithstanding the above, bonus payments, vacation pay, and expense reimbursements; • All claims for back pay, front pay, reinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and punitive damages; • All claims for attorneys’ fees, costs, and interest. Employee also waives any right to any form of recovery or compensation from any legal action brought by Employee, or by any state or federal agency on Employee’s behalf in connection with Employee’s employment with or termination of employment from Employer. Employer acknowledges and understands, however, that Employee does you do not release any claims that you may have (i) under this Agreement, or (ii) for indemnification, including advancement of fees and expenses, pursuant to and in accordance with applicable statutes and the law does not allow to be waived applicable terms of the charters, certificates or articles of incorporation or bylaws or insurance policies of the Company or any claims that may arise after the date on which Employee signs this Agreement. Employee also agrees not to seek re-employment with Employer in the futureof its affiliates.

Appears in 1 contract

Samples: Employment Agreement (Gerber Scientific Inc)

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