Release of Claims by the Executive. (a) In consideration of the payments to the Executive hereunder, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company, ROP and each of their respective subsidiaries and affiliates (the "Company Affiliated Group"), their present and former officers, directors, executives, agents, attorneys and employees, and the successors, predecessors and assigns of each of the foregoing (collectively, the "Company Released Parties"), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys' fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, against any Company Released Party in any capacity, including, without limitation, any and all claims (i) arising out of or in any way connected with the Executive's service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iv) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, excepting only:
(1) the rights of the Executive under this Agreement, the Purchase Agreements and the Related Agreements;
(2) the rights of the Executive as an equity holder of the Company, ROP or any of their respective subsidiaries;
(3) the right of the Executive to receive COBRA continuation coverage in accordance with applicable law;
(4) the rights to indemnification the Executive may have under (i) this Agreement, (ii) applicable corporate law or (iii) the by-laws or certificate of incorporatio...
Release of Claims by the Executive. In exchange for the executive severance benefits set forth in Section 7 of the Employment Agreement, the sufficiency of which is hereby acknowledged, and as a material inducement to the Company to enter into the Employment Agreement and this Release Agreement, the Executive hereby irrevocably and unconditionally releases the Company and its parents, subsidiaries, predecessors, successors, affiliates and joint ventures, and all of their directors, officers, employees, representatives, attorneys, agents, insurers, assigns, employee benefit programs (and the trustees, administrators, fiduciaries, and insurers of such programs), and any other persons acting by, through, under, or in concert with any of the persons or entities identified above (the “Released Parties”) from all known and unknown claims, promises, debts, obligations, causes of action, or similar rights of any type, in law or in equity, that the Executive has, had or may have had arising from or relating to his employment with the Company and the termination thereof (“Claims”). The Executive understands that the Claims that he is hereby releasing include, but are not limited to:
a. Any and all Claims that in any way arise from or relate to the Executive’s employment with the Company or the termination of that employment, such as claims for compensation, bonuses, commissions, benefits, reimbursements, lost wages, or unused accrued PTO;
b. Any and all Claims that in any way arise from or relate to the design or administration of any employee benefit program;
c. Any and all Claims that arise from or relate to any severance or similar benefits or to post-employment health or group insurance benefits not expressly set forth in Section 7 of the Severance Agreement, including without limitation any and all Claims to benefits or compensation under the Company’s Section 16 Officer Severance Plan; and
d. Any and all Claims based on a contract, any employment or wrongful discharge claims or tort claims, and any and all Claims based on a federal, state or local law, regulation or ordinance, including, but not limited to, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, Massachusetts General Laws chs. 149 and 151B, all as may have been amended, and any other federal, state, or local common law, statute, regulation, or ordin...
Release of Claims by the Executive. For and in consideration of the promises of Xxxxxxx Bank set forth herein, the Executive, on behalf of himself, his heirs, executors, administrators, personal representative and assigns agrees to the following:
Release of Claims by the Executive. The Executive, after consulting with his attorney, hereby releases, discharges, and forever waives on behalf of himself, his heirs, executors, administrators, personal representatives, and assigns, any and all claims from the beginning of the world to the date of execution of this document which he now has, might now have, or ever had against Xxxxxxx Bank and/or its affiliated entities and companies, including without limitation each and every of their present, former and future directors, officers, employees, agents, attorneys, successors and assigns and all others connected with any of them and their insurers (collectively hereinafter “Releasees”), individually and in their official capacities, including but not limited to, all debts, demands, actions, class actions, causes of action, grievances, arbitrations, suits, accounts, covenants, Severance Agreements, damages, expenses, compensation, wages, claims for attorneys’ fees and any and all claims, demands and liabilities whatsoever of every name and nature, both in law and in equity, including but not limited to any claims under Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of Title 42 of the United States Code; the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974; the Immigration Reform and Control Act; the Americans with Disabilities Act of 1990; the Worker Adjustment and Retraining Notification Act; the Fair Credit Reporting Act; the Family and Medical Leave Act; the Equal Pay Act; the Genetic Information Nondiscrimination Act of 2008; the Massachusetts Law Against Discrimination, X.X. x. 151B; the Massachusetts Equal Rights Act, X.X. x. 93; the Massachusetts Civil Rights Act, X.X. x. 12; the Massachusetts Privacy Statute, X.X. x. 214, § 1B; the Massachusetts Sexual Harassment Statute, X.X. x. 214, § 1C; the Massachusetts Parental Leave Law, M.G.L. c. 149, § 105D; the Massachusetts Wage Payment Statute, X.X. x. 149, §§ 148, 148A, 148B, 149, 150, 150A-150C, 151, 152, 152A, et seq.; the Massachusetts Wage and Hour laws, X.X. x. 151§ 1A et seq.; the Massachusetts Small Necessities Act, X.X. x. 149, § 52D; the Massachusetts Equal Pay Act, X.X. x. 149, § 105A-C; the Massachusetts Equal Rights for the Elderly and Disabled, X.X. x. 93, § 103; the Massachusetts AIDS Testing statute, X.X. x. 111, § 70F; the Massachusetts Consumer Protection Act, X.X. x. 93A; Massachusetts Employment Leave for Victims and...
Release of Claims by the Executive. As set forth above, the Company’s obligation to make any payment or provide benefits contemplated by Section 2(a) is conditioned on the Executive’s execution and delivery to the Company of the Release of Claims attached as Exhibit A hereto following the Separation Date.
Release of Claims by the Executive. As set forth above, the Company’s obligation to provide the benefits contemplated by Section 2(a) is conditioned on the Executive’s having executed and delivered to the Company of the Release of Claims substantially in the form attached as Exhibit A hereto (the “Release”) on or following the Termination Date and such Release having become effective and irrevocable within thirty (30) days following the Termination Date.
Release of Claims by the Executive. In consideration of the promises and consideration provided for in this Agreement, that being good and valuable consideration, the receipt, adequacy and sufficiency of which the Executive acknowledges, the Executive, on the Executive’s own behalf and on behalf of the Executive’s agents, administrators, representatives, executors, successors, heirs, devisees and assigns, and anyone claiming by, under, or on behalf of the Executive (collectively, the “Executive Releasing Parties”) hereby fully and forever generally waives, generally releases, generally extinguishes and generally discharges each of FFUSA and FFG, each of their respective past, present and future owners, officers, directors, executives, representatives, successors, assigns, parents, affiliates, subsidiaries, insurers, employees, and plan fiduciaries (each, a “Company Released Party” and collectively, the “Company Released Parties”), jointly and severally, from any and all claims, rights, demands, debts, obligations, losses, causes of action, charges, action, suits, controversies, setoffs, affirmative defenses, counterclaims, third party actions, damages, penalties, costs, expenses, attorneys’ fees, liabilities of any kind or nature whatsoever (collectively, the “Claims”), whether fixed or contingent, 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 and relief, which any of the Executive Releasing Parties have, had or may have against any of the Company Released Parties, including without limitation, all Claims relating to or arising out of any matter relating to Executive’s employment and association with the Companies arising on or before the date this Agreement is executed by the Executive. Such released Claims include, without limitation, SEPARATION AGREEMENT 5
(i) all Claims arising out of or in connection with, or in any way related to the Executive’s employment, the Employment Agreement, compensation, equity, bonuses, commissions, incentive compensation, payments, vacation, leaves of absence, alleged payments, benefits, employment contracts, terms and conditions of employment, severance pay, (ii) all Claims arising at law or equity or sounding in contract (express or implied) or tort, or any other legal theory, including, without li...
Release of Claims by the Executive. On the Termination Date, the Executive shall execute and deliver to the Company the form of General Release and Waiver attached as Exhibit A hereto (the “Release”).
Release of Claims by the Executive. The Executive and his heirs, assigns and agents, release, waive and discharge the Company and its past and present Directors, Officers, employees, subsidiaries, affiliates, and agents from each and every claim, action or right of any sort, known or unknown, arising on or before the date hereof.
7.1. The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, religion, marital status, sexual orientation, national origin, handicap or disability, age, veteran status, special disabled veteran status, or citizenship status; any other claim based on a statutory prohibition; any claim arising out of or related to an express or implied employment contract, any other contract affecting terms and conditions of employment, any claim of wrongful termination of employment or a covenant of good faith and fair dealing.
7.2. The Executive represents that he understands the foregoing release, which includes a release of the rights and claims under the Age Discrimination in Employment Act of 1967, as amended.
7.3. The Executive further agrees never to sue the Company or cause the Company to be sued regarding any xxxter within the scope of the above release. If the Executive violates this release by suing the Company or causing the Company to be sued, the Company may recover all damages as allowed by law, including costs and expenses of defending against the suit incurred by the Company and its reasonable attorneys' fees.
Release of Claims by the Executive. As set forth above, the Company’s obligation to provide the benefits contemplated by Section 2(a)(1), 2(a)(3), 2(a)(4) and the second sentence of Section 2(b) is conditioned on the Executive’s having executed and delivered to the Company the Release of Claims substantially in the form attached as Exhibit A hereto (the “Release”) following the Separation Date and such Release having become effective and irrevocable within thirty (30) days following the Separation Date. The Company has agreed to provide Executive such benefits and other consideration because of Executive’s agreement, as set forth in the Release, to accept such benefits in full settlement of all possible Claims Executive might have or ever had and because of Executive’s execution of this Agreement.
