Common use of Release of Claims by Executive Clause in Contracts

Release of Claims by Executive. In exchange for the promises, covenants, and consideration described in this Agreement, Executive, on behalf of her/himself and his/her descendants, ancestors, dependents, heirs, executors, administrators, successors, and assigns, hereby fully releases and forever discharges the Company from any and all claims, demands, actions, suits, causes of action, debts, reimbursements, accounts, or controversies of any nature whatsoever, known or unknown, that s/he has, or may have had, against the Company, up to and including the date this Agreement is signed. This release includes, without limitation, all claims arising out of, or in any way related to, Executive’s employment or the termination of that employment at the Company; all claims that were expressly or impliedly asserted or could have been asserted by Executive against the Company; all claims in any way related to any action or inaction by the Company occurring at any time before this Agreement was signed; and any and all actions or omissions by the Company, its officers, directors, employees, or agents, up to and including the date this Agreement was signed. This release also includes, without limitation, any and all claims under any state, federal, or local law or other authority, including, without limitation, Title VII of the Civil Rights Act of 1964; the Family and Medical Leave Act; the Post Civil War Civil Rights Acts (42 USC §§ 1981-1988); the Civil Rights Act of 1991; the Equal Pay Act; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Uniform Services Employment and Reemployment Rights Act; the Xxxxx-Xxxxx Act; the Xxxxx-Xxxxxx Act; the Employee Retirement Income Security Act; the Contract Work Hours and Safety Standards Act; Executive Order 11246; and any regulations under or amendments of such authorities. This release further extends to all claims of any kind under any constitutional, contract, tort, or other legal, equitable, or statutory theories, including, but not limited to, claims for breach of contract, tortious interference with contract, or claims under the U.S. Constitution. This release does not apply to (1) a claim relating to the interpretation or application of this Agreement; (2) a claim alleging a breach of this Agreement; or (3) the right to file an Administrative Claim with the EEOC, which cannot be waived by law.

Release of Claims by Executive. In exchange for consideration of the promisesSeverance Payment, covenantsbenefits, and other consideration described in this Agreementset forth above, Executive, on behalf of her/himself and his/her descendants, ancestors, dependents, heirs, executors, administrators, successors, and assigns, Executive hereby fully releases and forever discharges the Company Company, including its officers, trustees, employees, agents, consultants, parents, subsidiaries, and affiliates from any and all claimsclaim, demandsdemand, actionsright, suits, causes action or cause of action, debtsof whatever nature or kind, reimbursementsin law, accountsequity, administrative proceedings, or controversies of otherwise, whether based upon any nature whatsoeverlaw, statute, ordinance, rule, regulation, common law, or otherwise, or any entitlement to attorneys’ fees, costs or expenses, and from any other matter under any other theory, whether known or unknown, that s/he hassuspected or claimed, liquidated or unliquidated, absolute or contingent, which arose or occurred at any time prior to the date Executive signed this Agreement, including, but not limited to, any claim, demand, right, or may have had, against the Company, up to and including the date this Agreement is signed. This release includes, without limitation, all claims arising out of, or cause of action relating in any way related to, to Executive’s employment or the termination of that employment at the Company; all claims that were expressly or impliedly asserted or could have been asserted by Executive against the Company; all claims in any way related to any action or inaction by the Company occurring at any time before this Agreement was signed; and any and all actions or omissions by the Company, its officers, directors, employeesemployment, or agents, up to Executive's resignation saving and including the date this Agreement was signed. This release also includes, without limitationexcepting however, any and all obligations or claims arising by virtue of the terms and conditions of this Agreement and any claims that cannot be waived as a matter of law, nor shall it constitute a waiver of any vested rights under any 401(k), or other retirement plan. Without restricting the foregoing, this Release includes: (1) any claim brought under any federal, state, federal, or local law or other authorityfair employment practices law, including, without limitation, but not limited to: Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), as amended, the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefits Protection Act (“OWBPA”), the Genetic Information Nondiscrimination Act (“XXXX”), and the Uniformed Services Employment and Reemployment Rights Act (“USERRA”); (2) any claim brought under any state or federal law regarding wages, benefits, or employment practices, including but not limited to: the Employee Retirement Income Security Act (“ERISA”), the Family and Medical Leave Act; , and the Post Civil War Civil Rights Acts (42 USC §§ 1981-1988); the Civil Rights Act of 1991; the Equal Pay National Labor Relations Act; the Fair Labor Standards Act(3) any contract claims; the Occupational Safety and Health Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Uniform Services Employment and Reemployment Rights Act; the Xxxxx-Xxxxx Act; the Xxxxx-Xxxxxx Act; the Employee Retirement Income Security Act; the Contract Work Hours and Safety Standards Act; Executive Order 11246; and (4) any regulations under intentional or amendments of such authorities. This release further extends to all claims of any kind under any constitutional, contract, tort, or other legal, equitable, or statutory theoriesunintentional tort claims, including, but not limited to: defamation, libel, slander, abusive or wrongful discharge, fraud or misrepresentation; and (5) any claims for breach of contractalleging retaliation and/or any whistleblower claims, tortious interference with contract, or including claims arising under the U.S. ConstitutionXxxxxxxx-Xxxxx Act and the Xxxx Xxxxx Act. This release does not apply to (1) a claim relating to For the interpretation or application purposes of Paragraphs 7 and 8 of this Agreement; (2) a claim alleging a breach , the Company shall include all of this Agreement; or (3) the right to file an Administrative Claim with the EEOCits parents, which cannot be waived by lawsubsidiaries and affiliates, and each of their present and former officers, agents, trustees, employees, shareholders, owners, representatives and agents, and Executive shall include his agents, representatives, heirs, successors, and assigns.

Release of Claims by Executive. In exchange for consideration of the promisesConsulting Payment, covenantsbenefits, and other consideration described in this Agreementset forth above, Executive, on behalf of her/himself and his/her descendants, ancestors, dependents, heirs, executors, administrators, successors, and assigns, Executive hereby fully releases and forever discharges the Company Company, including its officers, trustees, employees, agents, consultants, parents, subsidiaries, and affiliates from any and all claimsclaim, demandsdemand, actionsright, suits, causes action or cause of action, debtsof whatever nature or kind, reimbursementsin law, accountsequity, administrative proceedings, or controversies of otherwise, whether based upon any nature whatsoeverlaw, statute, ordinance, rule, regulation, common law, or otherwise, or any entitlement to attorneys’ fees, costs or expenses, and from any other matter under any other theory, whether known or unknown, that s/he hassuspected or claimed, liquidated or unliquidated, absolute or contingent, which arose or occurred at any time prior to the date Executive signed this Agreement, including, but not limited to, any claim, demand, right, or may have had, against the Company, up to and including the date this Agreement is signed. This release includes, without limitation, all claims arising out of, or cause of action relating in any way related to, to Executive’s employment or the termination of that employment at the Company; all claims that were expressly or impliedly asserted or could have been asserted by Executive against the Company; all claims in any way related to any action or inaction by the Company occurring at any time before this Agreement was signed; and any and all actions or omissions by the Company, its officers, directors, employeesemployment, or agents, up to Executive’s separation from employment saving and including the date this Agreement was signed. This release also includes, without limitationexcepting however, any and all obligations or claims arising by virtue of the terms and conditions of this Agreement, and any claims that cannot be waived as a matter of law, nor shall it constitute a waiver of any vested rights under any 401(k), or other retirement plan. Without restricting the foregoing, this Release includes: (1) any claim brought under any federal, state, federal, or local law or other authorityfair employment practices law, including, without limitation, but not limited to: Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), as amended, the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefits Protection Act (“OWBPA”), the Genetic Information Nondiscrimination Act (“XXXX”), and the Uniformed Services Employment and Reemployment Rights Act (“USERRA”); (2) any claim brought under any state or federal law regarding wages, benefits, or employment practices, including but not limited to: the Employee Retirement Income Security Act (“ERISA”), the Family and Medical Leave Act; the Post Civil War Civil Rights Acts Act (42 USC §§ 1981-1988“FMLA”); the Civil Rights Act of 1991; the Equal Pay Act; the , Fair Labor Standards ActAct (“FLSA”), and the National Labor Relations Act (“NLRA”); the Occupational Safety and Health Act(3) any contract claims; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Uniform Services Employment and Reemployment Rights Act; the Xxxxx-Xxxxx Act; the Xxxxx-Xxxxxx Act; the Employee Retirement Income Security Act; the Contract Work Hours and Safety Standards Act; Executive Order 11246; and (4) any regulations under intentional or amendments of such authorities. This release further extends to all claims of any kind under any constitutional, contract, tort, or other legal, equitable, or statutory theoriesunintentional tort claims, including, but not limited to: defamation, libel, slander, abusive or wrongful discharge, fraud or misrepresentation; and (5) any claims for breach of contractalleging retaliation and/or any whistleblower claims, tortious interference with contract, or including claims arising under the U.S. ConstitutionXxxxxxxx-Xxxxx Act and the Xxxx Xxxxx Act, except that Executive may receive and fully retain a monetary award from a government-administered whistleblower program. This release does not apply to (1) a claim relating to For the interpretation or application purposes of Paragraphs 7 and 8 of this Agreement; (2) a claim alleging a breach , the Company shall include all of this Agreement; or (3) the right to file an Administrative Claim with the EEOCits parents, which cannot be waived by lawsubsidiaries, and affiliates, and each of their present and former officers, agents, trustees, employees, shareholders, owners, representatives and agents, and Executive shall include his agents, representatives, heirs, successors, and assigns.

Release of Claims by Executive. In exchange for For and in consideration of the promisesmutual covenants contained herein and $20,000, covenantsthe receipt and sufficiency of which is hereby acknowledged, and consideration described in this Agreement, by Executive, on behalf of her/himself and his/her descendantshimself, ancestorshis heirs, dependents, heirs, executors, administrators, successors, successors and assigns, hereby fully releases irrevocably and forever discharges unconditionally RELEASES, WAIVES, AND FOREVER DISCHARGES, AND SHALL PROTECT, INDEMNIFY AND HOLD HARMLESS, the Company Employer and its partners, parents, subsidiaries, affiliates, and related entities and any predecessors thereto, and its and their present and former agents, employees, officers, directors, owners, stockholders, and their agents, successors and assigns, whether in their individual or official capacities (collectively, the “Released Parties”), from and against any and all claims, demands, actions, suits, causes of action, debtscosts, reimbursementsfees, accounts, or controversies of any nature and all liability whatsoever, whether known or unknown, that s/he fixed or contingent, which Executive has, had or may have had, against the CompanyReleased Parties, or any of them, relating to or arising out of his employment with the Employer or his change of duties, authority and responsibilities as described herein on or prior to July 15, 2011, including without limitation, any rights under the Agreement, and any other events or transactions involving the Employer, up to and including the date of his execution of this Agreement is signedrelease (“Release”). This release Release includes, without limitation, all claims arising out of, or in but is not limited to (a) any way related to, Executive’s employment or the termination of that employment at the Company; all claims that were expressly or impliedly asserted or could have been asserted by Executive against the Company; all claims in any way related to any action or inaction by the Company occurring at any time before this Agreement was signed; and any and all actions or omissions by the Company, its officers, directors, employees, or agents, up to and including the date this Agreement was signed. This release also includes, without limitation, any and all statutory claims under any state, federal, or local law or other authority, including, without limitation, Title VII of the Civil Rights Americans with Disabilities Act of 1964; 1990, the Family and Medical Leave Act; Act of 1993, the Post Civil War Civil Rights Acts (of 1870, 1964 and 1991, 42 USC §U.S.C. § 1981-1988); the Civil Rights Act of 1991; the Equal Pay Act; the Fair Labor Standards Act; the Occupational Safety and Health Act; , the Age Discrimination in Employment Act; , the Older Workers Workers' Benefit Protection Act; the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Uniform Services Employment and Reemployment Rights Act; the Xxxxx-Xxxxx Act; the Xxxxx-Xxxxxx Act; , the Employee Retirement Income Security Act of 1974, as amended, the Sarbanes Oxley Act, Texas Commission on Human Rights Act, Texas Labor Code, Texas Pay Day Law or arising from any other federal, state, or local statute, ordinance or regulation; (b) any common law, tort or contract claims; (c) any claims, matters, or actions related in any way to Executive's employment with and change in status with the Contract Work Hours and Safety Standards Act; Executive Order 11246Employer; and (d) any regulations under or amendments of such authorities. This release further extends to all claims for fees, costs, taxes, penalties, and disbursements of any kind under kind, including attorneys' fees. Executive represents and warrants that he has not filed or lodged, and has no outstanding claims, including any constitutionallawsuits or administrative proceedings, contractagainst any of the Released Parties. (b) In connection with this waiver, tort, or other legal, equitable, or statutory theories, including, but not limited to, claims for breach of contract, tortious interference with contract, Executive understands and agrees that: (i) He is waiving rights or claims under in exchange for consideration that is in addition to anything of value to which he is already entitled. (ii) He has 21 days to consider this Release and consult with his attorney. (iii) He has had ample opportunity to consult with an attorney prior to executing this Agreement. The Employer advised Executive and encouraged Executive in writing herein to consult with an attorney prior to signing this Agreement. (iv) He has carefully read and fully understands all of the U.S. Constitutionprovisions and effects of this Agreement and he knowingly and voluntarily (of his own free will) entered into all of the terms set forth in this Agreement. (v) He knowingly and voluntarily intends to be legally bound by all of the terms set forth in this Agreement. (vi) He relied solely and completely upon his own judgment or the advice of his attorney in entering into this Agreement. (vii) He has 7 days to revoke this Release after executing it by providing notice of his revocation in writing to: Xxxxxxxx X. Xxxxxx, Senior Vice-President and Chief Operating Officer, TESCO, at 0000 X. Xxx Xxxxxxx Parkway N., Suite 100, Houston, Texas 77043-1211. This release If Executive does not apply to (1) a claim relating to revoke this Release within the interpretation or application 7 day revocation period, this Release will become final and binding. Except as expressly provided herein, the terms and conditions of this Agreement; (2) a claim alleging a breach of this Agreement; or (3) the right to file an Administrative Claim with the EEOC, which cannot be waived by lawAgreement shall remain in full force and effect.

Release of Claims by Executive. In exchange for the promises, covenants, By signing this Agreement and consideration described in this AgreementRelease, Executive, on behalf of her/himself and his/her descendantshis current, ancestorsformer, dependents, and future heirs, executors, administrators, successorsattorneys, agents and assigns, hereby fully releases and forever discharges the Company from waives all legal claims in law or in equity of any kind whatsoever that Executive has or may have against MDC, its parents, subsidiaries and affiliates, and their respective officers, directors, employees, shareholders, members, agents, attorneys, trustees, fiduciaries, representatives, benefit plans and plan administrators, successors and/or assigns, and all persons or entities acting by, through, under, or in concert with any or all of them (collectively, the “Released Parties”). This release and waiver covers all rights, claims, demandsactions and suits of all kinds and descriptions that Executive now has or has ever had, actions, suits, causes of action, debts, reimbursements, accounts, whether known or controversies of any nature whatsoever, unknown or based on facts now known or unknown, that s/he has, fixed or may have hadcontingent, against the CompanyReleased Parties, occurring from the beginning of time up to and including the date that Executive executes this Agreement is signed. This release includes, without limitation, all claims arising out of, or in any way related to, Executive’s employment or the termination of that employment at the Company; all claims that were expressly or impliedly asserted or could have been asserted by Executive against the Company; all claims in any way related to any action or inaction by the Company occurring at any time before this Agreement was signed; and any and all actions or omissions by the Company, its officers, directors, employees, or agents, up to and including the date this Agreement was signed. This release also includes, without limitation, any and all claims under any state, federal, or local law or other authorityRelease, including, without limitation: a. any claims for wrongful termination, defamation, invasion of privacy, intentional infliction of emotional distress, or any other common law claims; b. any claims for the breach of any written, implied or oral contract between Executive and MDC; c. any claims of discrimination, harassment or retaliation based on such things as age, national origin, ancestry, race, religion, sex, sexual orientation, or physical or mental disability or medical condition; d. any claims for payments of any nature, including but not limited to wages, overtime pay, vacation pay, severance pay, commissions, bonuses and benefits or the monetary equivalent of benefits, but not including any claims for unemployment or workers’ compensation benefits, or for the consideration being expressly provided to Executive pursuant to this Agreement and Release; and e. all claims that Executive has or that may arise under the common law and all federal, state and local statutes, ordinances, rules, regulations and orders, including but not limited to any claim or cause of action based on the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964; , the Age Discrimination in Employment Act, the Family and Medical Leave Act; , the Post Civil War Americans with Disabilities Act, the Civil Rights Acts (42 USC §§ 1981-1988); the Civil Rights Act of 1866, 1871 and 1991; the Equal Pay Act; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; , the Rehabilitation Act of 1973; , the Americans with Disabilities National Labor Relations Act; , the Uniform Services Employment and Reemployment Rights Act; the Xxxxx-Xxxxx Act; the Xxxxx-Xxxxxx Act; the Employee Executive Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act; , the Contract Work Hours and Safety Standards Act; Vietnam Era Veterans' Readjustment Assistance Act of 1974, Executive Order 11246; , and any regulations under state laws governing employee rights, as each of them has been or amendments of such authoritiesmay be amended. This release further extends to all claims of any kind under any constitutional, contract, tort, or other legal, equitable, or statutory theories, including, but not limited to, claims for breach of contract, tortious interference with contract, or claims under the U.S. Constitution. This release does not apply to (1) a claim relating Agreement and Release shall be binding upon and inure to the interpretation benefit of Executive and the Released Parties and any other individual or application entity who may claim any interest in the matter through Executive. Executive also acknowledges that he has not assigned any of this Agreement; (2) a claim alleging a breach his rights to make the aforementioned claims or demands. By way of this Agreement; or (3) the right to file an Administrative Claim with the EEOCfurther clarification, which canExecutive shall not be waived by lawentitled to receive any of the Severance Payments or Vesting Entitlements under this Agreement and Release unless Executive executes and delivers to the Company the Release of Claims in the form of Exhibit A hereto upon or following the Termination Date.