Release of Claims by Employee. In exchange for the consideration described below, the Employee hereby releases and discharges fully the Company and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents and representatives of each, from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had or may have against them as of the date on which he or she signs this Agreement, including, but not limited to: (a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment; (b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.); (c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.); (d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.); (e) any and all claims arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (f) any and all claims for violation of the California Labor Code, California Wage Orders or Fair Labor Standards Act; (g) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and (h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law.
Appears in 1 contract
Samples: Transition Agreement and Release of Claims (Ultra Clean Holdings, Inc.)
Release of Claims by Employee. In exchange for the consideration described belowherein, to the fullest extent permitted by law, the Employee hereby releases and discharges fully the Company ChargePoint Holdings, Inc. and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents agents, consultants, assigns, employee benefit plans and representatives of eachthe Company and its subsidiary and affiliated entities (which entities and persons, together with ChargePoint, are hereafter referred to as “the Released Parties”), from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had holds or may have hold against them as of the date on which he or she signs this Agreement, whether or not now known, including, but not limited to:
: (a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment;
; (b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.);
; (c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.);
; (d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.);
; (e) any and all claims for violation of the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and the California Family Rights Act (Government Code section 12945.2); (f) any and all claims arising under the Workers Adjustment and Retraining Notification Act of 1988 (29 U.S.C. 2101 et seq.); (g) any and all claims arising under the Equal Pay Act (29 U.S.C. § 206); (h) any and all claims arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 U. S.C. 626 et seq.);
; (fi) any and all claims arising under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (29 U.S.C. Ch. 18); -10- (j) any and all claims arising under the Families First Coronavirus Response Act ( Public Law 116-127) and the CARES Act ( Public Law 116-136 ); (k) any and all claims for violation of the Fair Labor Standards Act, California Labor CodeCode (including, but not limited to, Labor Code sections 432.3, 1197.5 and 1400 through 1408), California Wage Orders or Fair Labor Standards Act;
other laws governing the payment of wages; (gl) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, retaliation, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and
(h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law, including, but not limited to, claims for unemployment insurance benefits, claims for workers’ compensation benefits and rights to indemnity pursuant to applicable law. This Agreement also shall not operate to release any vested rights the Employee may hold to equity in the Company, including, but not limited to, stock, stock options and restricted stock units, but the Employee’s unvested equity awards shall cease vesting upon the termination of his or her employment.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)
Release of Claims by Employee. In exchange for the consideration described below, the Employee hereby releases and discharges fully the Company lntevac and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents and representatives of eachlntevac and its parent, subsidiary and affiliated entities (which entities and persons, together with lntevac, are hereafter referred to collectively as “the Released Parties”), from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had holds or may have hold against them as of the date on which he or she signs this Agreement, including, but not limited to:
(a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment;
(b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.)) and similar laws of any jurisdiction;
(c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.)) and similar laws of any jurisdiction;
(d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.)) and similar laws of any jurisdiction;
(e) any and all rights and claims arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.)) and similar laws of any jurisdiction;
(f) any and all rights and claims arising under the Family and Medical Leave Act (29 U.S.C. section 2601 et seq.), the California Family Rights Act (Government Code section 12945.2) and similar laws of any jurisdiction;
(g) any and all claims for violation of the Fair Labor Standards Act California Labor Code, California Wage Orders or Fair Labor Standards Act;Orders, and similar laws of any jurisdiction; and
(gh) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and
(h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law, including, but not limited to, claims for unemployment insurance benefits, claims for workers’ compensation benefits and rights to indemnity under applicable law.
Appears in 1 contract
Samples: Severance Agreement (Intevac Inc)
Release of Claims by Employee. In exchange for the consideration described belowherein, to the fullest extent permitted by law, the Employee hereby releases and discharges fully the Company ChargePoint Holdings, Inc. and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents agents, consultants, assigns, employee benefit plans and representatives of eachthe Company and its subsidiary and affiliated entities (which entities and persons, together with ChargePoint, are hereafter referred to as “the Released Parties”), from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had holds or may have hold against them as of the date on which he or she signs this Agreement, whether or not now known, including, but not limited to:
(a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment;
; (b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.);
; (c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.);
; (d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.);
; (e) any and all claims for violation of the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and the California Family Rights Act (Government Code section 12945.2); (f) any and all claims arising under the Workers Adjustment and Retraining Notification Act of 1988 (29 U.S.C. 2101 et seq.); (g) any and all claims arising under the Equal Pay Act (29 U.S.C. § 206); (h) any and all claims arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 U. S.C. 626 et seq.);
; (fi) any and all claims arising under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (29 U.S.C. Ch. 18); (j) any and all claims arising under the Families First Coronavirus Response Act ( Public Law 116-127) and the CARES Act ( Public Law 116-136 ); (k) any and all claims for violation of the Fair Labor Standards Act, California Labor CodeCode (including, but not limited to, Labor Code sections 432.3, 1197.5 and 1400 through 1408), California Wage Orders or Fair Labor Standards Act;
other laws governing the payment of wages; (gl) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, retaliation, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and
(h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law, including, but not limited to, claims for unemployment insurance benefits, claims for workers’ compensation benefits and rights to indemnity pursuant to applicable law. This Agreement also shall -10- not operate to release any vested rights the Employee may hold to equity in the Company, including, but not limited to, stock, stock options and restricted stock units, but the Employee’s unvested equity awards shall cease vesting upon the termination of his or her employment.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)
Release of Claims by Employee. In exchange for the consideration described belowherein, to the fullest extent permitted by law, the Employee hereby releases and discharges fully the Company ChargePoint Holdings, Inc. and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents agents, consultants, assigns, employee benefit plans and representatives of eachthe Company and its subsidiary and affiliated entities (which entities and persons, together with ChargePoint, are hereafter referred to as “the Released Parties”), from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had holds or may have hold against them as of the date on which he or she signs this Agreement, whether or not now known, including, but not limited to:
(a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment;
(b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.);
(c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.);
(d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.);
(e) any and all claims arising under for violation of the Age Discrimination in Employment Family and Medical Leave Act of 1967 (29 U.S.C. 621 2601 et seq.) and the California Family Rights Act (Government Code section 12945.2);
(f) any and all claims arising under the Workers Adjustment and Retraining Notification Act of 1988 (29 U.S.C. 2101 et seq.);
(g) any and all claims arising under the Equal Pay Act (29 U.S.C. § 206);
(h) any and all claims arising under the Age Discrimination in Employment Act (29 U. S.C. 626 et seq.);
(i) any and all claims arising under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (29 U.S.C. Ch. 18);
(j) any and all claims arising under the Families First Coronavirus Response Act ( Public Law 116-127) and the CARES Act ( Public Law 116-136 );
(k) any and all claims for violation of the Fair Labor Standards Act, California Labor CodeCode (including, but not limited to, Labor Code sections 432.3, 1197.5 and 1400 through 1408), California Wage Orders or Fair Labor Standards Actother laws governing the payment of wages;
(gl) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, retaliation, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and
(h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law, including, but not limited to, claims for unemployment insurance benefits, claims for workers’ compensation benefits and rights to indemnity pursuant to applicable law. This Agreement also shall not operate to release any vested rights the Employee may hold to equity in the Company, including, but not limited to, stock, stock options and restricted stock units, but the Employee’s unvested equity awards shall cease vesting upon the termination of his or her employment.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)
Release of Claims by Employee. In exchange for the consideration described below, the Employee hereby releases and discharges fully the Company Intevac and its parent, subsidiary and affiliated entities, and the current and former shareholders, directors, officers, employees, agents and representatives of eachIntevac and its parent, subsidiary and affiliated entities (which entities and persons, together with Intevac, are hereafter referred to collectively as “the Released Parties”), from any and all claims, liabilities, charges and causes of action of any kind whatsoever which the Employee has, had holds or may have hold against them as of the date on which he or she signs this Agreement, including, but not limited to:
(a) any and all rights and claims relating to or in any manner arising from the Employee’s employment or the termination of his or her employment;
(b) any and all rights and claims arising under the California Fair Employment and Housing Act (Government Code section 12900 et seq.)) and similar laws of any jurisdiction;
(c) any and all claims arising under the Civil Rights Act of 1964 (42 U.S.C. 2000, et seq.)) and similar laws of any jurisdiction;
(d) any and all claims arising under the Americans with Disabilities Act (29 U.S.C. 706 et seq.)) and similar laws of any jurisdiction;
(e) any and all rights and claims arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.)) and similar laws of any jurisdiction;
(f) any and all rights and claims arising under the Family and Medical Leave Act (29 U.S.C. section 2601 et seq.), the California Family Rights Act (Government Code section 12945.2) and similar laws of any jurisdiction;
(g) any and all claims for violation of the Fair Labor Standards Act California Labor Code, California Wage Orders or Fair Labor Standards Act;Orders, and similar laws of any jurisdiction; and
(gh) any and all claims for breach of contract, breach of the covenant of good faith and fair dealing, retaliation, discrimination, harassment, invasion of privacy, infliction of emotional distress, defamation and misrepresentation; and
(h) claims relating to any letter or agreement offering Employee employment with the Company, the Change in Control Severance Agreement between the Company and Employee dated July 31, 2009 and any Company severance plan, policy or arrangement. This Agreement shall not apply, however, to any rights and claims not subject to waiver by law, including, but not limited to, claims for unemployment insurance benefits, claims for workers’ compensation benefits and rights to indemnity under applicable law.
Appears in 1 contract
Samples: Severance Agreement (Intevac Inc)