Common use of Release of Claims by Executive Clause in Contracts

Release of Claims by Executive. Executive releases the Company and its officers, directors, representatives and affiliated companies, successors and assigns, on behalf of himself, and his heirs, family members, representatives, successors and assigns, from, and agrees not to sxx concerning, any claim, duty, obligation or cause of action, loss or expense of every kind and description, whether presently known or unknown, suspected or unsuspected, that he may possess arising from any omissions, acts or facts, that have occurred up until and including the Effective Date, including, without limitation: (a) all claims relating to or arising from Executive’s employment relationship with the Company and the termination of that relationship; (b) all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment of any kind; retaliation; constructive discharge; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract, business relationship or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and all other causes of action; (c) all claims for violation of any federal, state or municipal statute, ordinance, rule or regulation, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, and the Older Workers Benefit Protection Act; Severance Agreement and Release of Claims Initials: _____ (d) all claims pursuant to any “whistleblower” law or regulation; (e) all claims arising out of any other laws and regulations relating to employment or employment discrimination, harassment or retaliation; and (f) all claims for attorneys’ fees and costs. The 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 all matters, except as otherwise specified. This release does not extend to any obligations incurred under this Agreement.

Release of Claims by Executive. Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Company resulting from Executive’s Resignation. For the avoidance of doubt, Executive, on behalf of Executive, and Executive’s respective heirs, family members, executors and assigns, hereby fully and forever releases the Company and its past, present and future officers, agents, directors, representatives employees, investors, shareholders, administrators, affiliates, divisions, subsidiaries, parents, predecessor and affiliated companiessuccessor corporations, successors and assigns, on behalf of himself, and his heirs, family members, representatives, successors and assigns, from, and agrees not to sxx concerning, xxx or otherwise institute or cause to be instituted any legal or administrative proceedings concerning any claim, duty, obligation or cause of actionaction relating to, loss or expense arising out of every kind and descriptionExecutive’s Resignation, whether presently known or unknown, suspected or unsuspected, that he Executive may possess arising from any omissions, acts or facts, facts that have occurred up until and including the Effective Date, Date of this Agreement including, without limitation:, (a) any and all claims relating to or arising from the Company’s termination of Executive’s employment relationship with the Company and the termination of that relationship; (b) any and all claims relating to, or arising from, Executive’s claims for severance payments and/or additional equity rights; (c) any and all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment of any kind; retaliation; constructive discharge; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract, business relationship contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; and all other causes of action; (cd) any and all claims for violation of any federal, state or municipal statute, ordinance, rule or regulation, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, The Worker Adjustment and Retraining Notification Act, the Older Workers Benefit Protection California Fair Employment and Housing Act; Severance Agreement , and Release of Claims Initials: _____ (d) Labor Code section 201, et seq. and section 970, et seq. and all claims pursuant amendments to any “whistleblower” law or regulationeach such Act as well as the regulations issued under each such 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 laws and regulations relating to employment or employment discrimination, harassment or retaliation; and (fg) any and all claims for attorneys’ fees and costscosts related to Executive’s Resignation, except as expressly provided for in this Agreement. The Company and Executive agree 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 all mattersthe matters released. The Parties expressly state that their intention is to release only those claims relating to or arising out of the Executive’s Resignation, except as otherwise specifiedand no other claims. This release does In addition, this Agreement shall not extend be construed in any way to limit Executive’s rights, if any, to seek indemnification of attorneys’ fees and costs provided under his Indemnification Agreement dated June 30, 2014, any obligations incurred under this Agreementinsurance policy applicable to his employment and or conduct, the Company’s by-laws, or applicable state or federal law, including California Labor Code Section 2802.

Release of Claims by Executive. Executive releases the Company and its officers, directors, representatives and affiliated companies, successors and assigns, on behalf of himselfherself, and his her respective heirs, family members, representatives, successors and assigns, from, and agrees not to sxx concerning, any claim, duty, obligation or cause of action, loss or expense of every kind and description, whether presently known or unknown, suspected or unsuspected, that he she may possess arising from any omissions, acts or facts, that have occurred up until and including the Effective Date, including, without limitation: (a) any and all claims relating to or arising from Executive’s employment relationship with the Company and the termination of that relationship; (b) any and all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment of any kind; retaliation; constructive discharge; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract, business relationship or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and all other causes of action; (c) any and all claims for violation of any federal, state or municipal statute, ordinance, rule or regulation, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, and the Older Workers Benefit Protection Act; Severance Agreement and Release of Claims Initials: _____; (d) any and all claims pursuant to any “whistleblower” law or regulation, including laws or regulations administered by the Occupational Safety and Health Administration; (e) any and all claims arising out of any other laws and regulations relating to employment or employment discrimination, harassment or retaliation; and (f) any and all claims for attorneys’ fees and costs. The 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 all matters, except as otherwise specified. This release does not extend to any obligations incurred under this Agreement.

Release of Claims by Executive. Except as otherwise specifically provided herein, Executive releases the Company and its officers, directors, representatives and affiliated companies, successors and assigns, on behalf of himself, and his heirs, family members, representatives, successors and assigns, from, and agrees not to sxx concerning, any claim, duty, obligation or cause of action, loss or expense of every kind and description, whether presently known or unknown, suspected or unsuspected, that he may possess arising from any omissions, acts or facts, that have occurred up until and including the Effective Date, including, without limitation: (a) all claims relating to or arising from Executive’s employment relationship with the Company and the termination of that relationship; (b) all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment of any kind; retaliation; constructive discharge; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract, business relationship or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and all other causes of action; (c) all claims for violation of any federal, state or municipal statute, ordinance, rule or regulation, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, and the Older Workers Benefit Protection Act; Severance Agreement and Release of Claims Initials: _____; (d) all claims pursuant to any “whistleblower” law or regulation; (e) all claims arising out of any other laws and regulations relating to employment or employment discrimination, harassment or retaliation; and (f) all claims for attorneys’ fees and costs. The parties acknowledge and agree that the releases set forth herein shall not apply to and shall have no effect whatsoever on shares of the Company’s common stock or stock options directly or indirectly owned by Executive now or at any time in the future, all of which shall remain the property of Executive. Notwithstanding anything herein, any stock options previously issued by Company to Executive as of the Effective Date shall vest, if at all, pursuant to the terms of the stock option award granted to Executive. Any stock options previously issued to Executive and that are vested or which will become vested and exercisable under the terms of the specific option award will terminate pursuant to the Stock Incentive Plan under which the options were issued to Executive. Notwithstanding the releases set forth herein, to the fullest extent of the law, as well as the Articles of Incorporation, as amended, and the Bylaws, as amended, Company shall continue to indemnify Executive as a former officer of the Company. The Company and Executive agree that the release releases set forth in this section shall be and remain in effect in all respects as a complete general release releases as to all matters, except as otherwise specified. This release does These releases do not extend to any obligations incurred under this Agreement or the Consulting Agreement.