Common use of Release of Claims by Executive Clause in Contracts

Release of Claims by Executive. In exchange for the consideration set forth in Paragraph 3 above, Executive knowingly and voluntarily (for himself, and on behalf of his heirs, estate planning entities, executors, administrators, assigns, agents, attorneys, trustees, fiduciaries, representatives and all persons or entities acting by, through, under, or in concert with any or all of them (the “Executive Releasors”)) releases and forever discharges 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 “MDC Released Parties”) from any and all claims, suits, controversies, actions, causes of action, crossclaims, counterclaims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the date hereof) and whether known or unknown, suspected, or claimed against any of the Company Released Parties which the Executive Releasors, may have, which arise out of or are connected with Executive’s provision of services to, employment with, or his separation or termination from, the Company or any of its affiliates (including, but not limited to, any allegation, claim or violation, arising under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; the Age Discrimination in Employment Act of 1967, as amended (including the Older Workers Benefit Protection Act); the Employee Retirement Income Security Act of 1974; the New York State Human Rights Law (NYSHRL); the New York Labor Law (NYLL) (including but not limited to the Retaliatory Action by Employers Law, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law); the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law; the New York City Human Rights Law (NYCHRL); the New York City Earned Sick Leave Law (NYCESLL); any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company Group; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, fees, or other expenses, including attorneys’ fees incurred in these matters) (all of the foregoing are collectively referred to herein as the “Claims”); provided, however, that the MDC Released Parties acknowledge and agree that this Agreement does not waive or release any Claims (i) to enforce the terms and conditions of this Agreement; (ii) for Executive’s accrued benefits earned and vested as of Executive’s Termination Date under an employee benefit plan maintained by any Company Released Party and governed by the Employee Retirement Income Security Act, (iii) to enforce Executive’s rights to indemnification, advancement and liability insurance protection, as further detailed herein, (iv) challenging Executive’s waiver of any and all claims under the Age Discrimination in Employment Act of 1967 pursuant to this Agreement is a knowing and voluntary waiver, (v) to bring to the attention of the Equal Employment Opportunity Commission (EEOC) claims of discrimination; provided, however, that Executive does release his right to secure any damages for alleged discriminatory treatment, or (vi) that cannot be released as a matter of law.

Release of Claims by Executive. In exchange for consideration of the Severance Payment, benefits, and other consideration set forth in Paragraph 3 above, Executive knowingly and voluntarily (for himself, and on behalf of his heirs, estate planning entities, executors, administrators, assigns, agents, attorneys, trustees, fiduciaries, representatives and all persons or entities acting by, through, under, or in concert with any or all of them (the “Executive Releasors”)) hereby releases and forever discharges MDCthe Company, including its parents, subsidiaries and affiliates, and their respective officers, directorstrustees, employees, shareholders, members, agents, attorneysconsultants, trusteesparents, fiduciaries, representatives, benefit plans and plan administrators, successors and/or assignssubsidiaries, and all persons or entities acting by, through, under, or in concert with any or all of them (collectively, the “MDC Released Parties”) affiliates from any and all claimsclaim, suitsdemand, controversiesright, actions, causes action or cause of action, crossclaimsof whatever nature or kind, counterclaimsin law, demandsequity, debtsadministrative proceedings, compensatory damagesor otherwise, liquidated damageswhether based upon any law, punitive statute, ordinance, rule, regulation, common law, or exemplary damagesotherwise, other damages, claims for costs and or any entitlement to attorneys’ fees, costs or liabilities of expenses, and from any nature whatsoever in law and in equityother matter under any other theory, both past and present (through the date hereof) and whether known or unknown, suspectedsuspected or claimed, liquidated or claimed against any of the Company Released Parties which the Executive Releasorsunliquidated, may haveabsolute or contingent, which arise out of arose or are connected with Executive’s provision of services tooccurred at any time prior to the date Executive signed this Agreement, employment with, or his separation or termination from, the Company or any of its affiliates (including, but not limited to, any allegationclaim, demand, right, or cause of action relating in any way to Executive’s employment, or Executive's resignation saving and excepting 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, or violationlocal fair employment practices law, arising underincluding, but not limited to: Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Rehabilitation Act of 1991; the Equal Pay Act of 19631973, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act; (“ADA”), as amended, the Age Discrimination in Employment Act of 1967(“ADEA”), as amended (including the Older Workers Benefit Worker Benefits Protection ActAct (“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 of 1974(“ERISA”), the Family and Medical Leave Act, and the National Labor Relations Act; the New York State Human Rights Law (NYSHRL)3) any contract claims; the New York Labor Law (NYLL4) (including any intentional or unintentional tort claims, including, but not limited to the Retaliatory Action by Employers Lawto: defamation, the New York State Worker Adjustment and Retraining Notification Actlibel, all provisions prohibiting discrimination and retaliationslander, and all provisions regulating wage and hour law); the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law; the New York City Human Rights Law (NYCHRL); the New York City Earned Sick Leave Law (NYCESLL); any applicable Executive Order Programs; the Fair Labor Standards Act; abusive or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company Group; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamationfraud or misrepresentation; or and (5) any claim for costs, fees, or other expensesclaims alleging retaliation and/or any whistleblower claims, including attorneys’ fees incurred in these matters) (all claims arising under the Xxxxxxxx-Xxxxx Act and the Xxxx Xxxxx Act. For the purposes of the foregoing are collectively referred to herein as the “Claims”); provided, however, that the MDC Released Parties acknowledge Paragraphs 7 and agree that this Agreement does not waive or release any Claims (i) to enforce the terms and conditions 8 of this Agreement; (ii) for Executive’s accrued benefits earned , the Company shall include all of its parents, subsidiaries and vested as affiliates, and each of Executive’s Termination Date under an employee benefit plan maintained by any Company Released Party their present and governed by the Employee Retirement Income Security Actformer officers, (iii) to enforce Executive’s rights to indemnificationagents, advancement trustees, employees, shareholders, owners, representatives and liability insurance protectionagents, as further detailed hereinand Executive shall include his agents, (iv) challenging Executive’s waiver of any representatives, heirs, successors, and all claims under the Age Discrimination in Employment Act of 1967 pursuant to this Agreement is a knowing and voluntary waiver, (v) to bring to the attention of the Equal Employment Opportunity Commission (EEOC) claims of discrimination; provided, however, that Executive does release his right to secure any damages for alleged discriminatory treatment, or (vi) that cannot be released as a matter of lawassigns.

Release of Claims by Executive. In exchange for consideration of the Consulting Payment, benefits, and other consideration set forth in Paragraph 3 above, Executive knowingly and voluntarily (for himself, and on behalf of his heirs, estate planning entities, executors, administrators, assigns, agents, attorneys, trustees, fiduciaries, representatives and all persons or entities acting by, through, under, or in concert with any or all of them (the “Executive Releasors”)) hereby releases and forever discharges MDCthe Company, including its parents, subsidiaries and affiliates, and their respective officers, directorstrustees, employees, shareholders, members, agents, attorneysconsultants, trusteesparents, fiduciaries, representatives, benefit plans and plan administrators, successors and/or assignssubsidiaries, and all persons or entities acting by, through, under, or in concert with any or all of them (collectively, the “MDC Released Parties”) affiliates from any and all claimsclaim, suitsdemand, controversiesright, actions, causes action or cause of action, crossclaimsof whatever nature or kind, counterclaimsin law, demandsequity, debtsadministrative proceedings, compensatory damagesor otherwise, liquidated damageswhether based upon any law, punitive statute, ordinance, rule, regulation, common law, or exemplary damagesotherwise, other damages, claims for costs and or any entitlement to attorneys’ fees, costs or liabilities of expenses, and from any nature whatsoever in law and in equityother matter under any other theory, both past and present (through the date hereof) and whether known or unknown, suspectedsuspected or claimed, liquidated or claimed against any of the Company Released Parties which the Executive Releasorsunliquidated, may haveabsolute or contingent, which arise out of arose or are connected with Executive’s provision of services tooccurred at any time prior to the date Executive signed this Agreement, employment with, or his separation or termination from, the Company or any of its affiliates (including, but not limited to, any allegationclaim, demand, right, or cause of action relating in any way to Executive’s employment, or Executive’s separation from employment saving and excepting 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, or violationlocal fair employment practices law, arising underincluding, but not limited to: Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Rehabilitation Act of 1991; the Equal Pay Act of 19631973, as amended; the Americans with Disabilities Act of 1990(“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 of 1993; (“FMLA”), Fair Labor Standards Act (“FLSA”), and the Worker Adjustment Retraining and Notification Act; the Age Discrimination in Employment National Labor Relations Act of 1967, as amended (including the Older Workers Benefit Protection Act“NLRA”); the Employee Retirement Income Security Act of 1974(3) any contract claims; the New York State Human Rights Law (NYSHRL); the New York Labor Law (NYLL4) (including any intentional or unintentional tort claims, including, but not limited to the Retaliatory Action by Employers Lawto: defamation, the New York State Worker Adjustment and Retraining Notification Actlibel, all provisions prohibiting discrimination and retaliationslander, and all provisions regulating wage and hour law); the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law; the New York City Human Rights Law (NYCHRL); the New York City Earned Sick Leave Law (NYCESLL); any applicable Executive Order Programs; the Fair Labor Standards Act; abusive or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company Group; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamationfraud or misrepresentation; or and (5) any claim for costs, fees, or other expensesclaims alleging retaliation and/or any whistleblower claims, including attorneys’ fees incurred in these matters) (all claims arising under the Xxxxxxxx-Xxxxx Act and the Xxxx Xxxxx Act, except that Executive may receive and fully retain a monetary award from a government-administered whistleblower program. For the purposes of the foregoing are collectively referred to herein as the “Claims”); provided, however, that the MDC Released Parties acknowledge Paragraphs 7 and agree that this Agreement does not waive or release any Claims (i) to enforce the terms and conditions 8 of this Agreement; (ii) for Executive’s accrued benefits earned , the Company shall include all of its parents, subsidiaries, and vested as affiliates, and each of Executive’s Termination Date under an employee benefit plan maintained by any Company Released Party their present and governed by the Employee Retirement Income Security Actformer officers, (iii) to enforce Executive’s rights to indemnificationagents, advancement trustees, employees, shareholders, owners, representatives and liability insurance protectionagents, as further detailed hereinand Executive shall include his agents, (iv) challenging Executive’s waiver of any representatives, heirs, successors, and all claims under the Age Discrimination in Employment Act of 1967 pursuant to this Agreement is a knowing and voluntary waiver, (v) to bring to the attention of the Equal Employment Opportunity Commission (EEOC) claims of discrimination; provided, however, that Executive does release his right to secure any damages for alleged discriminatory treatment, or (vi) that cannot be released as a matter of lawassigns.

Release of Claims by Executive. In exchange for For and in consideration of the consideration set forth in Paragraph 3 abovemutual covenants contained herein and $20,000, Executive knowingly the receipt and voluntarily (for himselfsufficiency of which is hereby acknowledged, and by Executive, on behalf of himself, his heirs, estate planning entitiesdependents, executors, administrators, successors and assigns, agentshereby irrevocably and unconditionally RELEASES, attorneysWAIVES, trusteesAND FOREVER DISCHARGES, fiduciariesAND SHALL PROTECT, representatives INDEMNIFY AND HOLD HARMLESS, the Employer and all persons or entities acting byits partners, through, under, or in concert with any or all of them (the “Executive Releasors”)) releases and forever discharges MDC, its parents, subsidiaries and subsidiaries, affiliates, and related entities and any predecessors thereto, and its and their respective present and former agents, employees, officers, directors, employeesowners, shareholdersstockholders, members, and their agents, attorneys, trustees, fiduciaries, representatives, benefit plans successors and plan administrators, successors and/or assigns, and all persons whether in their individual or entities acting by, through, under, or in concert with any or all of them official capacities (collectively, the “MDC Released Parties”) ), from and against any and all claims, suits, controversiesdemands, actions, causes of action, crossclaimscosts, counterclaims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equityall liability whatsoever, both past and present (through the date hereof) and whether known or unknown, suspected, fixed or claimed against any of the Company Released Parties which the Executive Releasors, may havecontingent, which arise out of Executive has, had or are connected with Executive’s provision of services tomay have against the Released Parties, employment with, or his separation or termination from, the Company or any of its affiliates 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 release (including“Release”). This Release includes, but is not limited to, to (a) any allegation, claim or violation, arising under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act of 1963, as amended; statutory claims under the Americans with Disabilities Act of 1990; , the Family and Medical Leave Act of 1993; , the Worker Adjustment Retraining Civil Rights Acts of 1870, 1964 and Notification Act; 1991, 42 U.S.C. § 1981, the Age Discrimination in Employment Act of 1967Act, as amended (including the Older Workers Workers' Benefit Protection Act); , the Employee Retirement Income Security Act of 1974; , as amended, the New York State Sarbanes Oxley Act, Texas Commission on Human Rights Law (NYSHRL); the New York Labor Law (NYLL) (including but not limited to the Retaliatory Action by Employers Law, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliationTexas Labor Code, and all provisions regulating wage and hour law); the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law; the New York City Human Rights Texas Pay Day Law (NYCHRL); the New York City Earned Sick Leave Law (NYCESLL); any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under arising from any other federal, state or local civil or human rights law, or under any other local, state, or federal local statute, ordinance or regulation; (b) any common law, regulation tort or ordinancecontract claims; or under (c) any public policyclaims, contract or tortmatters, or under common lawactions related in any way to Executive's employment with and change in status with the Employer; or arising under and (d) any policiesclaims for fees, practices or procedures of the Company Group; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, feestaxes, or other expensespenalties, and disbursements of any kind, including attorneys’ fees incurred in these matters) (all ' fees. Executive represents and warrants that he has not filed or lodged, and has no outstanding claims, including any lawsuits or administrative proceedings, against any of the foregoing are collectively referred to herein as the “Claims”); provided, however, that the MDC Released Parties acknowledge and agree that this Agreement does not waive or release any Claims (i) to enforce the terms and conditions of this Agreement; (ii) for Executive’s accrued benefits earned and vested as of Executive’s Termination Date under an employee benefit plan maintained by any Company Released Party and governed by the Employee Retirement Income Security Act, (iii) to enforce Executive’s rights to indemnification, advancement and liability insurance protection, as further detailed herein, (iv) challenging Executive’s waiver of any and all claims under the Age Discrimination in Employment Act of 1967 pursuant to this Agreement is a knowing and voluntary waiver, (v) to bring to the attention of the Equal Employment Opportunity Commission (EEOC) claims of discrimination; provided, however, that Executive does release his right to secure any damages for alleged discriminatory treatment, or (vi) that cannot be released as a matter of lawParties.

Release of Claims by Executive. In exchange for the consideration set forth in Paragraph 3 abovepromises, Executive knowingly and voluntarily (for himselfcovenants, and consideration described in this Agreement, Executive, on behalf of his her/himself and his/her descendants, ancestors, dependents, heirs, estate planning entities, executors, administrators, successors, and assigns, agents, attorneys, trustees, fiduciaries, representatives and all persons or entities acting by, through, under, or in concert with any or all of them (the “Executive Releasors”)) hereby fully releases and forever discharges MDCthe 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 parents, subsidiaries and affiliates, and their respective officers, directors, employees, shareholders, members, or agents, attorneysup to and including the date this Agreement was signed. This release also includes, trusteeswithout limitation, 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 “MDC Released Parties”) from any and all claimsclaims under any state, suits, controversies, actions, causes of action, crossclaims, counterclaims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ feesfederal, or liabilities of any nature whatsoever in local law and in equityor other authority, both past and present (through the date hereof) and whether known or unknown, suspected, or claimed against any of the Company Released Parties which the Executive Releasors, may have, which arise out of or are connected with Executive’s provision of services to, employment with, or his separation or termination from, the Company or any of its affiliates (including, but not limited towithout limitation, any allegation, claim or violation, arising under: Title VII of the Civil Rights Act of 1964, as amended; 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 of 1963, as amendedAct; the Americans with Disabilities Act of 1990Fair Labor Standards Act; the Family Occupational Safety and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Health Act; the Age Discrimination in Employment Act of 1967, as amended (including 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 of 1974Act; the New York State Human Rights Law (NYSHRL)Contract Work Hours and Safety Standards Act; the New York Labor Law (NYLL) (including 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 the Retaliatory Action by Employers Lawto, the New York State Worker Adjustment and Retraining Notification Act, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law); the New York Civil Rights Law, Section 125 of the New York Workers' Compensation Law, Article 23-A of the New York Correction Law; the New York City Human Rights Law (NYCHRL); the New York City Earned Sick Leave Law (NYCESLL); any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company Group; or any claim claims for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, feestortious interference with contract, or other expenses, including attorneys’ fees incurred in these matters) (all of claims under the foregoing are collectively referred to herein as the “Claims”); provided, however, that the MDC Released Parties acknowledge and agree that this Agreement U.S. Constitution. This release does not waive apply to (1) a claim relating to the interpretation or release any Claims (i) to enforce the terms and conditions application of this Agreement; (ii2) for Executive’s accrued benefits earned and vested as a claim alleging a breach of Executive’s Termination Date under an employee benefit plan maintained by any Company Released Party and governed by this Agreement; or (3) the Employee Retirement Income Security Act, (iii) to enforce Executive’s rights to indemnification, advancement and liability insurance protection, as further detailed herein, (iv) challenging Executive’s waiver of any and all claims under the Age Discrimination in Employment Act of 1967 pursuant to this Agreement is a knowing and voluntary waiver, (v) to bring to the attention of the Equal Employment Opportunity Commission (EEOC) claims of discrimination; provided, however, that Executive does release his right to secure any damages for alleged discriminatory treatmentfile an Administrative Claim with the EEOC, or (vi) that which cannot be released as a matter of waived by law.