Release of Claims by Executive. It is understood and agreed by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), Executive, on behalf of Executive and Executive’s agents, representatives, administrators, receivers, trustees, estates, heirs, devisees, assignees, legal representatives, and attorneys, past or present (as the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined below) from any and all claims, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up to and including the Effective Date (as defined below), provided, however, that any claims arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service with the Company and, to the extent applicable, a Released Party, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Parties, which shall include, without limitation, any treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) of any of the following, to the extent applicable: the National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 of Title 42 of the United States Code; the Equal Pay Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Act, as amended; the Americans with Disabilities Act of 1990, as amended; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; any other tribal, federal, state, or local law or ordinance; any public policy, whistleblower, contract, tort, or common law; and any demand for costs or litigation expenses, including but not limited to attorneys’ fees.
Appears in 2 contracts
Samples: Employment Agreement (Seneca Gaming Corp), Employment Agreement (Seneca Gaming Corp)
Release of Claims by Executive. It is understood and agreed Executive agrees that, other than with respect to the Retained Claims, the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Seneca Gaming Corporation Company, any of its direct or indirect subsidiaries and affiliates, and any of their current and former officers, directors, equity holders, managers, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “CompanyCompany Releasees”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf and on behalf of Executive and any of Executive’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, representativesand assigns, administratorsother than with respect to the Retained Claims, receivers, trustees, estates, heirs, devisees, assignees, legal representativeshereby and forever releases the Company Releasees from, and attorneysagrees not to xxx concerning, past or present (as in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined below) Company Releasees arising from any and all claimsomissions, promisesacts, demandsfacts, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, or damages that have occurred up to until and including the Effective Date of this Agreement (as defined in Section 8 below), providedincluding, however, that without limitation:
(a) any and all claims relating to or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with the Company and, to the extent applicable, a Released Party, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Parties, which shall include, without limitation, any treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, its direct or indirect. Said release shall be construed as broadly as possible indirect subsidiaries or affiliates and shall also extend to release the Released Parties, without limitation, from termination of that relationship;
(b) any and all claims that Executive has alleged for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or could have alleged, whether known intentional infliction of emotional distress; fraud; negligent or unknown, accrued intentional misrepresentation; negligent or unaccrued, against intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits;
(c) any Released Party and all claims for violation(s) violation of any of the followingfederal, to the extent applicable: the National Labor Relations Actstate, as amended; or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 the Rehabilitation Act of Title 42 1973; the Americans with Disabilities Act of the United States Code1990; the Equal Pay Act; the Fair Credit Reporting Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Worker Adjustment and Retraining Notification Act, as amended; the Americans with Disabilities Family and Medical Leave Act; and the Xxxxxxxx-Xxxxx Act of 1990, as amended; 2002;
(d) any and all claims for violation of the Fair Labor Standards Act, as amended; the Occupational Safety federal or any state constitution;
(e) any and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination; and
(f) any and all claims for attorneys’ fees and costs. Executive 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 release claims that cannot be released as a matter of law, federalincluding, but not limited to, Executive’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or local federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the Company (with the understanding that Executive’s release of claims herein bars Executive from recovering such monetary relief from the Company or any Company Releasee), claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law, claims to continued participation in certain of the Company’s group benefit plans pursuant to the terms and conditions of COBRA, claims to any benefit entitlements vested as the date of separation of Executive’s employment, pursuant to written terms of any employee benefit plan of the Company or its affiliates, claims or rights that Executive may have as an equityholder or holder of derivative securities of the Company, and Executive’s right under applicable law or ordinance; any public policy, whistleblower, contract, tort, or common law; and any demand Retained Claims. This release further does not release claims for costs or litigation expenses, including but not limited to attorneys’ feesbreach of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Coupang, Inc.), Employment Agreement (Coupang, Inc.)
Release of Claims by Executive. It is understood and agreed by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in a) In consideration of the mutual promises foregoing, the adequacy of which is hereby expressly acknowledged, Executive hereby unconditionally and covenants contained in this general release of all claims (irrevocably releases and forever discharges, to the fullest extent applicable law permits, the “Release AgreementCompany Releasees,” as defined below, from any and every action, cause of action, complaint, claim, demand, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost and/or expense (including attorney’s fees) that she has, may have or may be entitled to from or against the Company Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company, its predecessors, successors and assigns and past, present and future Affiliates (as defined in Paragraph 5 below), subsidiaries, divisions and parent corporations, including, without limitation, any such matter arising from the negligence, gross negligence or willful misconduct of the Company Releasees (together, the “Executive Released Claims”); provided, Executivehowever, on behalf of Executive that this release does not apply to any claims solely and Executivespecifically (i) arising after the date this Agreement is executed, (ii) for indemnification (including, without limitation, under the Company’s agentsorganizational documents or insurance policies) arising in connection with an action instituted by a third party against the Company, representatives, administrators, receivers, trustees, estates, heirs, devisees, assignees, legal representatives, and attorneys, past or present (as the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties its Affiliates (as defined below) or Executive in her capacity as an employee or a former officer or director of the Company or its Affiliates (it being agreed by the Company that Executive shall continue to be entitled to such indemnification in respect of the period prior to the Date of Retirement), (iii) arising from any breach or failure to perform this Agreement, or (iv) that cannot be waived by law. For the sake of clarity, this Paragraph 4 shall not operate to deny Executive of any rights to coverage under the Company’s directors and officers liability and insurance policy, as in effect from time to time, to which she would otherwise be entitled.
(b) The parties intend this release to cover any and all claimsExecutive Released Claims, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up to and including the Effective Date whether arising under any employment contract (as defined belowexpress or implied), providedpolicies, howeverprocedures or practices of any of the Company Releasees, that and/or by any claims arising after the Effective Date from the then present effect of acts or conduct occurring on omissions of any of the Company Releasees’ agents or before the Effective Date shall be deemed released employees or former agents or employees and/or whether arising under this agreementany state or federal statute, including but not limited to causes of actionstate employment discrimination laws, claims or rights arising out ofall federal discrimination laws, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service with the Company and, to the extent applicable, a Released Party, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Parties, which shall include, without limitation, any treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) of any of the following, to the extent applicable: the National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 of Title 42 of the United States Code; the Equal Pay Act; 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Act, as amended; the Americans with Disabilities Act of 1990, as amended; the Fair Labor Standards Act, as amended; the Occupational Safety all local laws and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; any other tribal, federal, state, or local law or ordinance; any public policy, whistleblower, contract, tort, or ordinances and/or common law; , without exception. As such, it is expressly acknowledged and any demand for costs agreed that this release is a general release, representing a full and complete disposition and satisfaction of all of the Company Releasees’ real or litigation expensesalleged waivable legal obligations to Executive with the specific exceptions noted above. The term “Company Releasees” means the Company, including but not limited to attorneys’ feesits predecessors, successors and assigns and past, present and future Affiliates, subsidiaries, divisions and parent corporations and all their respective past, present and future officers, directors, shareholders, employee benefit plan administrators, employees and agents, individually and in their respective capacities.
Appears in 1 contract
Release of Claims by Executive. It is understood and agreed by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in In consideration of the mutual promises of the Company provided herein, including, the consideration provided for in Section 2 of the Agreement and covenants contained other consideration provided for in this general the Agreement and the Company’s release of all claims (claims, that being good and valuable consideration, the “Release Agreement”)receipt, adequacy and sufficiency of which Executive acknowledges, Executive, on Executive’s own behalf and on behalf of Executive and Executive’s agents, administrators, representatives, administratorsexecutors, receivers, trustees, estatessuccessors, heirs, deviseesdevisees and assigns (collectively, assigneesthe “Executive Releasing Parties”) hereby fully and forever waives, legal releases, extinguishes and discharges the Company, its Affiliates, its or their stockholders, subsidiaries and each of their respective past, present and future parents, owners, officers, directors, stockholders, members, executives, employees, consultants, independent contractors, partners, agents, attorneys, advisers, insurers, fiduciaries, employee benefit plans, representatives, successors and attorneysassigns (each, past or present (as a “Company Released Party” and collectively, the case may be“Company Released Parties”), hereby irrevocably jointly and unconditionally releasesseverally, discharges, and acquits all the Released Parties (as defined below) from any and all claims, promisesrights, demands, liabilitiesdebts, contracts, debtsobligations, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up to and including the Effective Date (as defined below), provided, however, that any claims arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out ofsuits, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service with the Company andcontroversies, to the extent applicablesetoffs, a Released Partyaffirmative defenses, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executivecounterclaims, or the termination thereof; (iii) any treatment of Executive by any of the Released Partiesthird party actions, which shall include, without limitation, any treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, penalties, costs, expenses, attorneys’ fees, liabilities and indemnities of any kind or lost wages; nature whatsoever (vi) employment discriminationcollectively, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged“Claims”), whether known or unknown, suspected or 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 Executive Releasing Parties have, had or may have against any Released Party for violation(s) of any of the followingCompany Released Parties relating to or arising out of any matter arising on or before the date this Release is executed by Executive. Such released Claims include, without limitation, all Claims arising from or relating to Executive’s employment with the extent applicable: Company or the National Labor Relations Acttermination of that employment relationship or any circumstances related thereto, or any other agreement, matter, cause or thing whatsoever, including without limitation all Claims arising under or relating to Executive’s employment, any profit sharing or profits interest plan or arrangement, equity, compensation, bonuses, benefits, payments, or any other benefits or payments Executive may or may not have received during Executive’s employment with the Company, all Claims relating to any other claimed payments, employment contracts or benefits, all Claims arising from or relating to Executive’s performance of services for the Company and any of its Affiliates during Executive’s employment with the Company, including without limitation all Claims arising at law or equity or sounding in contract (express or implied) or tort, Claims arising by statute, common law or otherwise, Claims arising under any federal, state, county or local laws, of any jurisdiction, including Claims for wrongful discharge, libel, slander, breach of express or implied contract or implied covenant of good faith and fair dealing, Claims for alleged fraud, concealment, negligence, negligent misrepresentation, promissory estoppel, quantum meruit, intentional or negligent infliction of emotional distress, violation of public policy, and Claims for discrimination, retaliation, sexual harassment and Claims arising under any laws that prohibit age, sex, sexual orientation, race, national origin, color, disability, religion, veteran, workers’ compensation or any other form of discrimination, harassment, or retaliation, including, without limitation, Claims under the 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; the Age Discrimination in Employment Act; , 42 U.S.C. §1981, the Civil Rights Act of 1991; Sections 1981-1988 , the Civil Rights Act of Title 42 of the United States Code; 1866 and/or 1871, the Equal Pay Act of 1963, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Fair Labor Standards Act; , the Employee Retirement Income Security Act of 1974, as amended; , the Immigration Reform Control Act, as amended; the Americans with Disabilities Family and Medical Leave Act of 19901993, as amended; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Act, as amended; the New York Employee Polygraph Protection Act, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the National Labor Relations 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 Law; or Chapter 21, any statute or laws of the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; State of Texas or any other tribal, federal, state, local, municipal or local common law whistleblower, discrimination or anti-retaliation statute law or ordinance; , and any public policyother Claims arising under state, whistleblowerfederal, contractlocal, tort, municipal or common law; and , as well as any demand for expenses, costs or litigation expenses, including but not limited to attorneys’ fees. Except as required by law, Executive agrees that Executive will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or Claim before any court, agency or tribunal against the Company or any of the Company Released Parties arising from, concerned with, or otherwise relating to, in whole or in part, Executive’s employment, the terms and conditions of Executive’s employment, or Executive’s separation from employment with the Company or any of the matters or Claims discharged and released in this Release. Executive represents that Executive has not filed any complaints, charges or lawsuits against the Company with any governmental agency or any court based on Claims that are released and waived by this Release.
Appears in 1 contract
Samples: Separation and Mutual Release Agreement (Vaalco Energy Inc /De/)
Release of Claims by Executive. It In exchange for those benefits described herein to which Executive is understood not otherwise entitled, Executive and agreed by his successors and assigns forever release and discharge the Seneca Gaming Corporation (the “Company”), a governmental instrumentality any of the Seneca Nation of Indians of New YorkCompany’s parent, subsidiary or related entities, any Company-sponsored Executive benefit plans in which Executive participates, and ___________________ (“Executive”)all of their respective officers, that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), Executive, on behalf of Executive and Executive’s agents, representatives, administrators, receiversdirectors, trustees, estatesmembers, heirsagents, deviseesExecutives, assignees, legal representativesExecutives’ spouses, and attorneysall of their predecessors, past or present successors and assigns (as the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined belowcollectively “Releasees”) from any and all claims, promisesactions, demandscauses of action, liabilitiesrights, contracts, debts, losses, or damages, including costs and attorneys’ fees and causes (collectively “Claims”) which Executive may have on behalf of action himself and/or on behalf of every kind and naturehis marital community, known and known, unknown, up or later discovered which arose prior to the date Executive signs this Agreement. This release includes but is not limited to, (i) any claims under any local, state, or federal laws regulating employment, or comparable state, county or city laws; (ii) claims under the Executive Retirement Income Security Act; (iii) claims under any local, state, or federal wage and hour laws; and (iv) claims alleging any legal restriction on Employer’s right to terminate its Executives, or personal injury Claims, including without limitation defamation, tortious interference with business expectancy, or infliction of emotional distress. Executive represents that he has not filed any claim against the Effective Date (as defined below)Company or the Releasees, and that he will not do so at any time in the future concerning claims released in this Agreement; provided, however, that this will not limit Executive from filing a claim to enforce the terms of this Agreement. Notwithstanding the above, nothing herein prevents Executive from pursuing a claim for contribution arising from or related to any claims arising after claim brought against the Effective Date Executive for legal compliance or regulatory matters involving actions taken by Executive within the scope of his employment. Notwithstanding the above, nothing herein prevents Executive from pursuing a claim for contribution against the then present effect of acts Company or conduct occurring on any current or before the Effective Date shall be deemed released under this agreementformer officers, including but not limited to causes of actiondirectors, claims or rights arising out ofagents, or which might be considered to arise out employees and spouses of or to be connected in any way with (i) Executive’s employment or service with the Company andarising from or related to any claim brought against the Executive for legal compliance or regulatory matters, to the extent applicable, a Released Party, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Parties, which shall includeincluding, without limitation, any treatment misrepresentation or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by omission concerning the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) of any of the following, to the extent applicable: the National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 of Title 42 of the United States Code; the Equal Pay Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Act, as amended; the Americans with Disabilities Act of 1990, as amended; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; any other tribal, federal, state, or local law or ordinance; any public policy, whistleblower, contract, tort, or common law; and any demand for costs or litigation expenses, including but not limited to attorneys’ fees.Company
Appears in 1 contract
Samples: Resignation and Release Agreement (Pacifica Bancorp Inc)
Release of Claims by Executive. It is understood and agreed Executive agrees that, other than with respect to the Retained Claims, the foregoing consideration in Section 2 of this Agreement represents settlement in full of all outstanding obligations owed to Executive by the Seneca Gaming Corporation Company and any of its Affiliates, and any of their current and former officers, directors, equity holders, managers, employees, agents, investors, attorneys, shareholders, members, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “CompanyReleasees”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf and on behalf of Executive and any of Executive’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, representativesand assigns, administratorsother than with respect to the Retained Claims, receivers, trustees, estates, heirs, devisees, assignees, legal representativeshereby and forever releases the Releasees from, and attorneysagrees not to sue concerning, past or present in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Executive signs this Agreement, including, without limitation:
(as the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined belowa) from any and all claims, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up claims relating to and including the Effective Date (as defined below), provided, however, that any claims or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with the Company and, to or any of its direct or indirect subsidiaries or Affiliates and the extent applicable, a Released Partytermination of that relationship;
(b) any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as arising from, Executive’s right to purchase, or actual purchase of _______________ between any common shares or other equity interests of the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Partiesits Affiliates, which shall includeincluding, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law, other than any claims relating to the treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; Awards as provided herein;
(vc) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or could have alleged, whether known intentional infliction of emotional distress; fraud; negligent or unknown, accrued intentional misrepresentation; negligent or unaccrued, against intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits;
(d) any Released Party and all claims for violation(s) violation of any of the followingfederal, to the extent applicable: the National Labor Relations Actstate, as amended; or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 the Rehabilitation Act of Title 42 1973; the Americans with Disabilities Act of the United States Code1990; the Equal Pay Act; the Fair Credit Reporting Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Worker Adjustment and Retraining Notification Act, as amended; the Americans with Disabilities Family and Medical Leave Act; and the Xxxxxxxx-Xxxxx Act of 1990, as amended; 2002;
(e) any and all claims for violation of the Fair Labor Standards Act, as amended; the Occupational Safety federal or any state constitution;
(f) any and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
(g) any claim for any loss, federalcost, damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
(h) any and all claims for attorneys’ fees and costs. Executive 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 release claims that cannot be released as a matter of law, including, but not limited to, Executive’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or local federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the Company (with the understanding that Executive’s release of claims herein bars Executive from recovering such monetary relief from the Company or any Releasee), claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law, claims to continued participation in certain of the Company’s group benefit plans pursuant to the terms and conditions of COBRA, claims to any benefit entitlements vested as of the date of separation of Executive’s employment, pursuant to written terms of any employee benefit plan of the Company or its Affiliates and Executive’s right under applicable law or ordinance; any public policy, whistleblower, contract, tort, or common law; and any demand Retained Claims. This release further does not release claims for costs breach of Section 2(a) of the Executive Agreement or litigation expenses, including but not limited to attorneys’ feesbreach of this Agreement.
Appears in 1 contract
Samples: Separation and Release Agreement (Axalta Coating Systems Ltd.)
Release of Claims by Executive. It is understood Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by Company and agreed its officers, directors, managers, supervisors, agents and employees relating to his employment by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf, and on behalf of Executive and Executive’s his respective heirs, family members, executors, agents, representativesand assigns, hereby fully and forever releases Company and its officers, directors, managers, agents, employees, investors, stockholders, administrators, receiversaffiliates, trusteesdivisions, estatessubsidiaries, heirs, devisees, assignees, legal representativespredecessor and successor corporations, and attorneysassigns, past or present (as the case may be), hereby irrevocably and unconditionally releases, dischargesfrom, and acquits all the Released Parties (as defined below) agrees not to xxx concerning, any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess arising from any and all claimsomissions, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, acts or facts that have occurred up to until and including the Effective Date of this Agreement relating to his employment by the Company and the termination thereof including, without limitation:
(as defined below), provided, however, that a) any and all claims relating to or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with Company and the Company and, to the extent applicable, a Released Partytermination of that relationship;
(b) any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and arising from, Executive’s right to purchase, or the termination thereof; (iii) any treatment actual purchase or sale of Executive by any shares of the Released Partiescapital stock of Company, which shall includeincluding, without limitation, any treatment claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; federal law;
(ivc) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) under the law of any jurisdiction including, but not limited to, wrongful discharge of the followingemployment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, to the extent applicable: the National Labor Relations Actboth express and implied; breach of a covenant of good faith and fair dealing, as amendedboth express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion;
(d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Xxxxxxxx-1988 of Title 42 of Xxxxx Act, the United States Code; the Equal Pay Fair Labor Standards Act; , the Employee Retirement Income Security Act of 1974, as amendedThe Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act; the Immigration Reform Control California Fair Employment and Housing Act, as amended; and the Americans with Disabilities Act California Labor Code;
(e) any and all claims for violation of 1990the federal, as amended; the Fair Labor Standards Actor any state, as amended; the Occupational Safety constitution;
(f) any and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
(g) any claim for any loss, federalcost, statedamage, or local law expense arising out of any dispute over the non-withholding or ordinanceother tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
(h) any public policyand all claims for attorneys’ fees and costs. Company and Executive agree 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. However, whistleblowerthis release does not extend to any obligations under this Agreement. Notwithstanding the foregoing, contractif Company breaches this Agreement (including, tortwithout limitation, the payment obligations of Company hereunder), then this release shall be deemed to be null and void and of no force or common law; effect and any demand for costs or litigation expenses, including but not limited other obligations of the Executive hereunder shall be deemed to attorneys’ feesterminate at such time.
Appears in 1 contract
Release of Claims by Executive. It is understood and agreed Executive agrees that, other than with respect to the Retained Claims, the foregoing consideration in Section 2 of this Agreement represents settlement in full of all outstanding obligations owed to Executive by the Seneca Gaming Corporation Company and any of its Affiliates, and any of their current and former officers, directors, equity holders, managers, employees, agents, investors, attorneys, shareholders, members, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries and predecessor and successor corporations and assigns (collectively, the “CompanyReleasees”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf and on behalf of Executive and any of Executive’s affiliated companies or entities and any of their respective heirs, family members, executors, agents, representativesand assigns, administratorsother than with respect to the Retained Claims, receivers, trustees, estates, heirs, devisees, assignees, legal representativeshereby and forever releases the Releasees from, and attorneysagrees not to xxx concerning, past or present in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Executive signs this Agreement, including, without limitation:
(as the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined belowa) from any and all claims, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up claims relating to and including the Effective Date (as defined below), provided, however, that any claims or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with the Company and, to or any of its direct or indirect subsidiaries or affiliates and the extent applicable, a Released Partytermination of that relationship;
(b) any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as arising from, Executive’s right to purchase, or actual purchase of _______________ between any common shares or other equity interests of the Company and Executive, or the termination thereof; (iii) any treatment of Executive by any of the Released Partiesits affiliates, which shall includeincluding, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under 2 any state or federal law, other than any claims relating to the treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; Equity Awards as provided herein;
(vc) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or could have alleged, whether known intentional infliction of emotional distress; fraud; negligent or unknown, accrued intentional misrepresentation; negligent or unaccrued, against intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits;
(d) any Released Party and all claims for violation(s) violation of any of the followingfederal, to the extent applicable: the National Labor Relations Actstate, as amended; or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 the Rehabilitation Act of Title 42 1973; the Americans with Disabilities Act of the United States Code1990; the Equal Pay Act; the Fair Credit Reporting Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Worker Adjustment and Retraining Notification Act, as amended; the Americans with Disabilities Family and Medical Leave Act; the Xxxxxxxx-Xxxxx Act of 1990, as amended; 2002;
(e) any and all claims for violation of the Fair Labor Standards Act, as amended; the Occupational Safety federal or any state constitution;
(f) any and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
(g) any claim for any loss, federalcost, damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
(h) any and all claims for attorneys’ fees and costs. Executive 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 release claims that cannot be released as a matter of law, including, but not limited to, Executive’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or local federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the Company (with the understanding that Executive’s release of claims herein bars Executive from recovering such monetary relief from the Company or any Releasee), claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law, claims to continued participation in certain of the Company’s group benefit plans pursuant to the terms and conditions of COBRA, claims to any benefit entitlements vested as the date of separation of Executive’s employment, pursuant to written terms of any employee benefit plan of the Company or its affiliates and Executive’s right under applicable law or ordinance; any public policy, whistleblower, contract, tort, or common law; and any demand Retained Claims. This release further does not release claims for costs breach of Section 2(a) of the Executive Agreement or litigation expenses, including but not limited to attorneys’ feesbreach of this Agreement.
Appears in 1 contract
Samples: Separation and Release Agreement (Axalta Coating Systems Ltd.)
Release of Claims by Executive. It is understood Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by Company and agreed its officers, directors, managers, supervisors, agents and employees relating to his employment by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf, and on behalf of Executive and Executive’s his respective heirs, family members, executors, agents, representativesand assigns, hereby fully and forever releases Company and its officers, directors, managers, agents, employees, investors, stockholders, administrators, receiversaffiliates, trusteesdivisions, estatessubsidiaries, heirs, devisees, assignees, legal representativespredecessor and successor corporations, and attorneysassigns, past or present (as the case may be), hereby irrevocably and unconditionally releases, dischargesfrom, and acquits all the Released Parties (as defined below) agrees not to xxx concerning, any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess arising from any and all claimsomissions, promises, demands, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, acts or facts that have occurred up to until and including the Effective Date of this Agreement relating to his employment by the Company and the termination thereof including, without limitation:
(as defined below), provided, however, that a) any and all claims relating to or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with Company and the Company and, to the extent applicable, a Released Partytermination of that relationship;
(b) any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and arising from, Executive’s right to purchase, or the termination thereof; (iii) any treatment actual purchase or sale of Executive by any shares of the Released Partiescapital stock of Company, which shall includeincluding, without limitation, any treatment claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; federal law;
(ivc) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) under the law of any jurisdiction including, but not limited to, wrongful discharge of the followingemployment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, to the extent applicable: the National Labor Relations Actboth express and implied; breach of a covenant of good faith and fair dealing, as amendedboth express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion;
(d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Xxxxxxxx-1988 of Title 42 of Xxxxx Act, the United States Code; the Equal Pay Fair Labor Standards Act; , the Employee Retirement Income Security Act of 1974, as amendedThe Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act; the Immigration Reform Control California Fair Employment and Housing Act, as amended; and the Americans with Disabilities Act California Labor Code;
(e) any and all claims for violation of 1990the federal, as amended; the Fair Labor Standards Actor any state, as amended; the Occupational Safety constitution;
(f) any and Health Act, as amended; the New York Human Rights Law; the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
(g) any claim for any loss, federalcost, statedamage, or local law expense arising out of any dispute over the non-withholding or ordinanceother tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
(h) any public policy, whistleblower, contract, tort, or common law; and any demand all claims for costs or litigation expenses, including but not limited to attorneys’ feesfees and costs. Company and Executive agree 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. However, this release does not extend to any obligations under this Agreement.
Appears in 1 contract
Release of Claims by Executive. It is understood and agreed by the Seneca Gaming Corporation (the “Company”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in In consideration of the mutual promises of the Company provided herein, including, the consideration provided for in Section 2 of this Agreement, the Company’s release of claims and covenants contained other consideration provided for in this general release Agreement, that being good and valuable consideration, the receipt, adequacy and sufficiency of all claims (the “Release Agreement”)which Executive acknowledges, Executive, on Executive’s own behalf and on behalf of Executive and Executive’s agents, administrators, representatives, administratorsexecutors, receivers, trustees, estatessuccessors, heirs, deviseesdevisees and assigns (collectively, assigneesthe “Executive Releasing Parties”) hereby fully and forever waives, legal releases, extinguishes and discharges the Company and its, Affiliates, parents and subsidiaries, present and future parents, owners, officers, directors, stockholders, members, executives, employees, consultants, independent contractors, partners, agents, attorneys, advisers, insurers, fiduciaries, employee benefit plans, representatives, successors and attorneysassigns (each, past or present (as a “Company Released Party” and collectively, the case may be“Company Released Parties”), hereby irrevocably jointly and unconditionally releasesseverally, discharges, and acquits all the Released Parties (as defined below) from any and all claims, promisesrights, demands, liabilitiesdebts, contracts, debtsobligations, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, up to and including the Effective Date (as defined below), provided, however, that any claims arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out ofsuits, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service with the Company andcontroversies, to the extent applicablesetoffs, a Released Partyaffirmative defenses, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and Executivecounterclaims, or the termination thereof; (iii) any treatment of Executive by any of the Released Partiesthird party actions, which shall include, without limitation, any treatment or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, penalties, costs, expenses, attorneys’ fees, liabilities and indemnities of any kind or lost wages; nature whatsoever (vi) employment discriminationcollectively, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged“Claims”), whether known or unknown, suspected or 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 Executive Releasing Parties have, had or may have against any Released Party for violation(s) of any of the followingCompany Released Parties relating to or arising out of any matter arising on or before the date this Agreement is executed by Executive. Such released Claims include, without limitation, all Claims arising from or relating to Executive’s employment with the extent applicable: Company or the National Labor Relations Acttermination of that employment relationship or any circumstances related thereto, or any other agreement, matter, cause or thing whatsoever, including without limitation all Claims arising under or relating to Executive’s employment, any profit sharing or profits interest plan or arrangement, equity, compensation, bonuses, benefits, payments, or any other benefits or payments Executive may or may not have received during Executive’s employment with the Company, all Claims relating to any other claimed payments, employment contracts or benefits, all Claims arising from or relating to Executive’s performance of services for the Company and any of its Affiliates during Executive’s employment with the Company, including without limitation all Claims arising at law or equity or sounding in contract (express or implied) or tort, Claims arising by statute, common law or otherwise, Claims arising under any federal, state, county or local laws, of any jurisdiction, including Claims for wrongful discharge, libel, slander, breach of express or implied contract or implied covenant of good faith and fair dealing, Claims for alleged fraud, concealment, negligence, negligent misrepresentation, promissory estoppel, quantum meruit, intentional or negligent infliction of emotional distress, violation of public policy, and Claims for discrimination, retaliation, sexual harassment and Claims arising under any laws that prohibit age, sex, sexual orientation, race, national origin, color, disability, religion, veteran, workers’ compensation or any other form of discrimination, harassment, or retaliation, including, without limitation, Claims under the 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; the Age Discrimination in Employment Act; , 42 U.S.C. §1981, the Civil Rights Act of 1991; Sections 1981-1988 , the Civil Rights Act of Title 42 of the United States Code; 1866 and/or 1871, the Equal Pay Act of 1963, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Fair Labor Standards Act; , the Employee Retirement Income Security Act of 1974, as amended; , the Immigration Reform Control Act, as amended; the Americans with Disabilities Family and Medical Leave Act of 19901993, as amended; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Act, as amended; the New York Employee Polygraph Protection Act, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the National Labor Relations 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 Law; or Chapter 21, any statute or laws of the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; State of Texas or any other tribal, federal, state, local, municipal or local common law whistleblower, discrimination or anti-retaliation statute law or ordinance; , and any public policyother Claims arising under state, whistleblowerfederal, contractlocal, tort, municipal or common law; and , as well as any demand for expenses, costs or litigation expenses, including but not limited to attorneys’ fees. Except as required by law, Executive agrees that Executive will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or Claim before any court, agency or tribunal against the Company or any of the Company Released Parties arising from, concerned with, or otherwise relating to, in whole or in part, Executive’s employment, the terms and conditions of Executive’s employment, or Executive’s separation from employment with the Company or any of the matters or Claims discharged and released in this Agreement. Executive represents that Executive has not filed any complaints, charges or lawsuits against the Company with any governmental agency or any court based on Claims that are released and waived by this Agreement.
Appears in 1 contract
Samples: Separation and Mutual Release Agreement (Vaalco Energy Inc /De/)
Release of Claims by Executive. It is understood and agreed by In exchange for the Seneca Gaming Corporation (the “Company”), a governmental instrumentality consideration referred to in paragraph 3 of the Seneca Nation of Indians of New YorkExecutive Transition Agreement, to which Executive would not otherwise be entitled, and ___________________ (“Executive”), that in consideration the Company’s execution of the mutual promises and covenants contained in this general release Release of all claims (the “Release Agreement”)Claims, Executive, on behalf of Executive and Executive’s agentshimself, representatives, administrators, receivers, trustees, estateshis spouse, heirs, deviseesagents, assignees, legal assigns and representatives, and attorneys, past or present (as the case may be), hereby irrevocably and unconditionally releases, dischargesacquits, holds harmless and acquits forever discharges the Company, and/or any of its parents, subsidiaries, affiliates, predecessors, successors and assigns, as well as the Company’s or Parent’s current and former directors, officers, employees, partners, investors, shareholders, agents, representatives, attorneys and all persons acting by, through, under or in concert with any of them (collectively the Released Parties (as defined below) “Company Releasees”), to the full extent permitted by law, of and from any and all claims, promisesliabilities, demands, liabilitiescauses of action, contractscosts, debtsexpenses, lossesattorneys’ fees, damages, attorneys’ fees indemnities, and causes of action obligations of every kind and naturenature in law, equity or otherwise, known and or unknown, up to and including the Effective Date (as defined below)suspected or unsuspected, provideddisclosed or undisclosed, however, that any claims arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way relating to Executive’s employment with the Company and/or Alexander & Xxxxxxx, Inc. (“Parent”) and/or any of their respective subsidiaries, or any other matter or event occurring up to the date hereof, including without limitation, any matter or event which affected or could have affected Executive’s decision to enter into the Executive Transition Agreement. Notwithstanding any other provision of this Release of Claims, or of the Executive Transition Agreement, Executive is not releasing, and this Release of Claims shall not apply to: (i) Executive’s employment any claim that Executive may have for defense, indemnification or service with the contribution from any Company and, to the extent applicable, a Released PartyReleasee for liabilities to, or claims by, any third party under any provision of the termination thereof; Articles of Incorporation or Bylaws of the Company, under any insurance policy or established policies of Company, pursuant to a written agreement, if any, expressly providing for such indemnity between Executive and the Company, or under any provision of applicable law, including, without limitation, the California Corporations Code, or (ii) any claim for material breach of the Employment Executive Transition Agreement dated or this Release of Claims. Without limiting the generality of the foregoing, Executive releases Company Releasees from any and all claims and disputes arising out of any state, municipal or federal statute, ordinance, regulation, order or common law, including without limitation: claims for wrongful termination based on public policy; claims under the Employee Retirement Income Security Act of 1974, as amended; claims for violation of _______________ between the Company and Executive, California Labor Code or the termination thereof; (iii) any treatment of Executive by any of the Released Partiesfederal Fair Labor Standards Act, which shall includeincluding, without limitation, any treatment wage and hour claims, claims for overtime pay and claims for back pay and penalties; claims for discrimination or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from any and all claims that Executive has alleged or could have alleged, whether known or unknown, accrued or unaccrued, against any Released Party for violation(s) of any of the following, to the extent applicable: the National Labor Relations Act, as amended; harassment under Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991, the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 of Title 42 of the United States Code; the Equal Pay Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Act, as amended; the Americans with Disabilities Act of 1990, as amended; the Fair Labor Standards Act, as amendedand the California Fair Employment and Housing Act; claims under the Occupational Safety and Health Older Workers’ Benefit Protection Act, as amended; the New York Human federal Workers’ Adjustment and Retraining Notification Act, the federal Xxxxxxxx-Xxxxx Act, the Family Medical Leave Act, and California Family Rights Law; Act (or any state law similar or equivalent to any of the New York City Human Rights Law; the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage and Hour Laws; the New York City Administrative Code; any other tribal, federal, state, or local law or ordinance; any public policy, whistleblower, contract, tort, or common lawforegoing); and any demand for costs and all other claims whatsoever based on contract, quasi-contract, implied contract or litigation expensestort, including but without limitation, defamation, libel, slander, invasion of privacy, interference with business opportunity or with contract, or infliction of emotional distress; claims for breach of the implied covenant of good faith and fair dealing, conspiracy, negligence or negligent misrepresentation; or any claim for bonus or severance pay. This Release of Claims extends to any current or former Company and/or Parent officer, director, employee, investor, consultant, agent and attorney, whether or not limited acting in his or her representative, individual or any other capacity; however, this Release does not extend to attorneys’ fees.claims which cannot, as a matter of law, be waived. Executive expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code, and in so doing understand and acknowledge the significance and consequences of such specific waiver of Section 1542. Section 1542 provides as follows:
Appears in 1 contract
Samples: Executive Transition Agreement (Alexander & Baldwin Inc)
Release of Claims by Executive. It is understood and agreed Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Seneca Gaming Corporation Company and its current and former officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries, and predecessor and successor corporations and assigns (collectively, the “CompanyReleasees”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf and on behalf of Executive and Executive’s his respective heirs, family members, executors, agents, representativesand assigns, administrators, receivers, trustees, estates, heirs, devisees, assignees, legal representativeshereby and forever releases the Releasees from, and attorneysagrees not to xxx concerning, past or present (as in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, demand, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined below) Releasees arising from any and all claimsomissions, promisesacts, demandsfacts, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, or damages that have occurred up to until and including the Effective Date (as defined below)of this Agreement, providedincluding, however, that without limitation:
a. any and all claims relating to or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with the Company and, to and the extent applicable, a Released Partytermination of that relationship;
b. any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and arising from, Executive’s right to purchase, or the termination thereof; (iii) any treatment actual purchase of Executive by any shares of stock of the Released PartiesCompany, which shall includeincluding, without limitation, any treatment claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from federal law;
c. any and all claims that Executive has alleged for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or could have alleged, whether known intentional infliction of emotional distress; fraud; negligent or unknown, accrued intentional misrepresentation; negligent or unaccrued, against intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits;
d. any Released Party and all claims for violation(s) violation of any of the followingfederal, to the extent applicable: the National Labor Relations Actstate, as amended; or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 the Rehabilitation Act of Title 42 1973; the Americans with Disabilities Act of the United States Code1990; the Equal Pay Act; the Fair Labor Standards Act; the Fair Credit Reporting Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974, as amended; the Immigration Reform Control Worker Adjustment and Retraining Notification Act, as amended; the Americans with Disabilities Family and Medical Leave Act; the Xxxxxxxx-Xxxxx Act of 1990, as amended2002; the Fair Labor Standards California Family Rights Act, as amended; the Occupational Safety and Health Act, as amendedCalifornia Labor Code; the New York Human Rights LawCalifornia Workers’ Compensation Act; and the New York City Human Rights Law; California Fair Employment and Housing Act;
e. any and all claims for violation of the New York Labor Law; the New York Whistleblower Protection Law; the New York Wage federal or any state constitution;
f. any and Hour Laws; the New York City Administrative Code; all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
g. any claim for any loss, federalcost, damage, or expense arising out of any dispute over the nonwithholding or other tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
h. any and all claims for attorneys’ fees and costs. Executive 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 obligations incurred under this Agreement. This release does not release claims that cannot be released as a matter of law, including, but not limited to, Executive’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or local law federal administrative body or ordinance; government agency that is authorized to enforce or administer laws related to employment, against the Company (with the understanding that any public policy, whistleblower, contract, tort, such filing or common law; and participation does not give Executive the right to recover any demand for costs or litigation expenses, including but not limited to attorneys’ fees.monetary damages against the
Appears in 1 contract
Samples: Separation Agreement (Obagi Medical Products, Inc.)
Release of Claims by Executive. It is understood and agreed Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Seneca Gaming Corporation Company and its current and former officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries, and predecessor and successor corporations and assigns (collectively, the “CompanyReleasees”), a governmental instrumentality of the Seneca Nation of Indians of New York, and ___________________ (“Executive”), that in consideration of the mutual promises and covenants contained in this general release of all claims (the “Release Agreement”), . Executive, on his own behalf and on behalf of Executive and Executive’s his respective heirs, family members, executors, agents, representativesand assigns, administrators, receivers, trustees, estates, heirs, devisees, assignees, legal representativeshereby and forever releases the Releasees from, and attorneysagrees not to xxx concerning, past or present (as in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, demand, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Executive may possess against any of the case may be), hereby irrevocably and unconditionally releases, discharges, and acquits all the Released Parties (as defined below) Releasees arising from any and all claimsomissions, promisesacts, demandsfacts, liabilities, contracts, debts, losses, damages, attorneys’ fees and causes of action of every kind and nature, known and unknown, or damages that have occurred up to until and including the Effective Date (as defined below)of this Agreement, providedincluding, however, that without limitation:
a. any and all claims relating to or arising after the Effective Date from the then present effect of acts or conduct occurring on or before the Effective Date shall be deemed released under this agreement, including but not limited to causes of action, claims or rights arising out of, or which might be considered to arise out of or to be connected in any way with (i) Executive’s employment or service relationship with the Company and, to and the extent applicable, a Released Partytermination of that relationship;
b. any and all claims relating to, or the termination thereof; (ii) the Employment Agreement dated as of _______________ between the Company and arising from, Executive’s right to purchase, or the termination thereof; (iii) any treatment actual purchase of Executive by any shares of stock of the Released PartiesCompany, which shall includeincluding, without limitation, any treatment claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or decisions with respect to hiring, placement, promotion, discipline, work hours, demotion, transfer, termination, compensation, performance review, or training; (iv) any statements or alleged statements by the Company or any of the Released Parties regarding Executive, whether oral or in writing; (v) any damages or injury that Executive may have suffered, including without limitation, emotional or physical injury, compensatory damages, or lost wages; (vi) employment discrimination, which shall include, without limitation, any individual or class claims of discrimination on the basis of age, disability, sex, race, religion, national origin, citizenship status, marital status, sexual preference, or any other basis whatsoever; or (vii) all such other claims that Executive could assert against any, some, or all of the Released Parties in any forum, whether such claims are known or unknown, accrued or unaccrued, liquidated or contingent, direct or indirect. Said release shall be construed as broadly as possible and shall also extend to release the Released Parties, without limitation, from federal law;
c. any and all claims that Executive has alleged for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or could have alleged, whether known intentional infliction of emotional distress; fraud; negligent or unknown, accrued intentional misrepresentation; negligent or unaccrued, against intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits;
d. any Released Party and all claims for violation(s) violation of any of the followingfederal, to the extent applicable: the National Labor Relations Actstate, as amended; or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Civil Rights Act of 1991; Sections 1981-1988 of Title 42 of the United States Code; the Equal Pay Act; the Employee Retirement Income Security Rehabilitation Act of 1974, as amended; the Immigration Reform Control Act, as amended1973; the Americans with Disabilities Act of 1990, as amended; the Equal Pay Act; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Fair Credit Reporting Act, as amended; the New York Human Rights LawAge Discrimination in Employment Act of 1967; the New York City Human Rights LawOlder Workers Benefit Protection Act; the New York Labor LawExecutive Retirement Income Security Act of 1974; the New York Whistleblower Protection LawWorker Adjustment and Retraining Notification Act; the New York Wage Family and Hour LawsMedical Leave Act; the New York City Administrative Xxxxxxxx-Xxxxx Act of 2002; the Immigration Control and Reform Act; the California Family Rights Act; the California Labor Code; the California Workers’ Compensation Act; and the California Fair Employment and Housing Act;
e. any and all claims for violation of the federal or any state constitution;
f. any and all claims arising out of any other triballaws and regulations relating to employment or employment discrimination;
g. any claim for any loss, federalcost, statedamage, or local law expense arising out of any dispute over the nonwithholding or ordinanceother tax treatment of any of the proceeds received by Executive as a result of this Agreement; and
h. any public policy, whistleblower, contract, tort, or common law; and any demand all claims for costs or litigation expenses, including but not limited to attorneys’ feesfees and costs. Executive 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.
Appears in 1 contract
