Release of Claims by You. In exchange for the consideration provided in this Agreement, you and your heirs, executors, administrators and assigns (collectively the “Releasors”) forever waive, release and discharge the Company Group from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever, whether known or unknown, that you have ever had against the Company Group by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter up to and including the date of your execution of this Agreement, including, but not limited to (i) any claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or any other Federal, state or local law (statutory, regulatory or otherwise) that may be legally waived and released and (ii) any tort and/or contract claims, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm. However, this general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims that cannot be waived by law.
Appears in 2 contracts
Samples: Consulting Agreement (Trupanion Inc.), Consulting Agreement (Trupanion Inc.)
Release of Claims by You. In exchange for (a) You hereby agree and acknowledge that by signing this letter and agreeing to the Consideration to be provided to you, and other good and valuable consideration provided for in this Agreement, you are waiving your right to assert any form of legal claim against the Company1/ whatsoever for any alleged action, inaction or circumstance existing or arising from the beginning of time through the date you sign this Agreement. Your waiver and your heirsrelease herein is intended to bar any form of legal claim, executorscharge, administrators and assigns complaint or any other form of action (collectively the jointly referred to as “ReleasorsClaims”) forever waive, release and discharge the Company Group from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever, whether known or unknown, that you have ever had against the Company Group by reason seeking any form of relief including, without limitation, equitable relief (whether declaratory, injunctive or otherwise), the recovery of any actual damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys fees and any other costs) against the Company, for any alleged actaction, omission, transaction, practice, conduct, occurrence inaction or other matter up to and including circumstance existing or arising through the date of your execution of you sign this Agreement. Without limiting the foregoing general waiver and release, you specifically waive and release the Company from any waivable Claim arising from or related to your employment relationship with the Company or the termination thereof, including, but not limited to without limitation: ** Claims under any state or federal discrimination, fair employment practices or other employment related statute, regulation or executive order (ias they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any claims protected status including, without limitation, race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the federal Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits)Act of 1964, the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42the Equal Pay Act, the Xxxxxxxx-Xxxxx Americans With Disabilities Act and any similar Massachusetts or other state statute. ** Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 2002, as amended1993, the Worker Adjustment and Retraining Notification National Labor Relations Act, as amendedthe Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and Reemployment Rights Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or any similar Massachusetts or other Federal, state statute. ** Claims under any state or local federal common law (statutorytheory including, regulatory or otherwise) that may be legally waived and released and (ii) any tort and/or contract claimswithout limitation, including any claims of wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, tortious interference with contract, invasion of privacy, nonphysical injurymisrepresentation, personal injury deceit, fraud or sickness negligence. 1/ For the purposes of this Section, “Company” shall include OXiGENE, Inc. and any of its divisions, affiliates, subsidiaries and all other related entities, and its and their directors, officers, employees, trustees, agents, successors and assigns. ** Any other Claim arising under state or any other harm. Howeverfederal law.
(b) Notwithstanding the foregoing, this general section does not release the Company from any obligation expressly set forth in this Agreement, is not intended to and shall not act as a waiver or release of any claims excludes that you cannot by law waive or release, and does not waive or release any of your rights to indemnification by the Company.
(c) This Section does not prohibit you from challenging the validity of this release under the ADEA, filing of an administrative a charge or complaint of discrimination with the federal Equal Employment Opportunity Commission (“EEOC”), or participating in any investigation or proceeding conducted by the EEOC. In addition, nothing in this release or this Agreement shall limit OXiGENE’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the ADEA or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims or seek recovery from you, to the extent permitted by law, of the Consideration provided to you under this Agreement in the event that canyou successfully challenge the validity of this release and prevail on the merits of a claim under the ADEA or other laws.
(d) You acknowledge and agree that, but for providing this waiver and release, you would not be waived by lawreceiving the Consideration and other benefits being provided to you under the terms of this Agreement.
Appears in 1 contract
Samples: Separation Agreement (Oxigene Inc)
Release of Claims by You. In exchange for the consideration provided in to you by this AgreementAgreement that you are not otherwise entitled to receive, you hereby generally and your heirscompletely release the Company and its current and former directors, executorsofficers, administrators employees, stockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively collectively, the “ReleasorsReleased Parties”) forever waive, release and discharge the Company Group from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoeverobligations, whether both known or and unknown, that you have ever had against the Company Group by reason arise out of or are in any actual or alleged actway related to events, omission, transaction, practiceacts, conduct, occurrence or other matter up omissions occurring prior to and including or on the date of your execution of that you sign this AgreementAgreement (collectively, includingthe “Released Claims”). The Released Claims include, but are not limited to: (a) all claims arising out of or in any way related to your employment with the Company, or the termination of that employment; (ib) all claims related to your compensation or benefits from the Company including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims under Title VII for breach of contract, wrongful termination, and breach of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family implied covenant of good faith and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended fair dealing; (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or any other Federal, state or local law (statutory, regulatory or otherwised) that may be legally waived and released and (ii) any all tort and/or contract claims, including any claims of wrongful dischargefor fraud, defamation, emotional distress, tortious interference and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with contractDisabilities Act of 1990, invasion the federal Age Discrimination in Employment Act of privacy1967 (as amended) (the “ADEA”), nonphysical injurythe California Labor Code, personal injury and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (a) any rights or sickness or claims for indemnification you may have pursuant to any other harm. However, this general release of claims excludes the filing of an administrative charge or complaint written indemnification agreement with the Equal Employment Opportunity Commission Company to which you are a party, including, without limitation, the Indemnity Agreement (as defined below), the articles of incorporation, other charter documents, bylaws, or other administrative agencyoperating agreements of the Company, although the Employee waives or under applicable law; (b) any right to monetary relief related to such rights that are not waivable as a charge. This general release matter of claims also excludes law; or (c) any claims made under state workers’ compensation or unemployment lawsarising from the breach of this Agreement. You hereby represent and warrant that, and/or other than the Excluded Claims, you are not aware of any claims you have or might have against any of the Released Parties that canare not be waived by lawincluded in the Released Claims.
Appears in 1 contract
Release of Claims by You. In exchange claims arising out of any act or omission occurring after the date you sign this Agreement and Release. All claims, including contingent claims, for incentive compensation awards under any Honeywell Group plan or payroll practice, along with any claims under any state wage and hour laws, are specifically subject to this release of claims. Any rights to benefits (other than severance benefits) under Honeywell Group sponsored benefit plans are governed exclusively by the consideration provided in this Agreementwritten plan documents. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU HAVE ACCEPTED THE CONSIDERATION REFERENCED IN THIS AGREEMENT AND RELEASE IN FULL SATISFACTION OF ALL CLAIMS AND OBLIGATIONS OF THE HONEYWELL GROUP TO YOU REGARDING ANY MATTER OR INCIDENT UP TO THE DATE YOU EXECUTE THIS AGREEMENT AND RELEASE (EXCEPT TO THE EXTENT EXPRESSLY EXCEPTED FROM THE TERMS OF THIS AGREEMENT AND RELEASE) AND YOU AFFIRMATIVELY INTEND TO BE LEGALLY BOUND THEREBY. YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO RECEIVE ANY ADDITIONAL PAYMENTS OR BENEFITS FROM THE HONEYWELL GROUP RELATED TO YOUR EMPLOYMENT OR TERMINATION OF EMPLOYMENT OTHER THAN AS EXPRESSLY PROVIDED HEREIN. RELEASE OF CLAIMS BY THE COMPANY Honeywell International Inc., you Security Printing, Inc. and your heirsXxxxxx American Checks, executorsInc., administrators on behalf of themselves and assigns (collectively the “Releasors”) forever waivetheir predecessor companies, affiliates, parent companies, subsidiaries and business units, past and present, do hereby settle, compromise, release and discharge the Company Group from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (inclusive of attorneys’ fees) claims of any kind whatsoevernature whatsoever they may have against you arising out of your employment and/or the termination of your employment with the Honeywell Group, whether known or unknown; provided, however, that you have ever had against the Company Group by reason this release does not apply to claims arising out of obligations expressly undertaken in this Agreement and Release, and does not apply to claims arising out of any actual act or alleged act, omission, transaction, practice, conduct, occurrence or other matter up to and including omission occurring after the date of your execution of you sign this Agreement, including, but not limited to (i) any claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family Agreement and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or any other Federal, state or local law (statutory, regulatory or otherwise) that may be legally waived and released and (ii) any tort and/or contract claims, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm. However, this general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims that cannot be waived by lawRelease.
Appears in 1 contract
Samples: Employment Separation Agreement
Release of Claims by You. In exchange for (i) You hereby agree and acknowledge that by signing this letter and agreeing to the consideration Consideration to be provided to you in this Agreement, you are waiving your right to assert any form of legal claim against Company1 whatsoever for any alleged action, inaction or circumstance existing or arising from the beginning of time through the date you sign this Agreement. Your waiver and your heirsrelease herein is intended to bar any form of legal claim, executorscharge, administrators and assigns complaint or any other form of action (collectively the jointly referred to as “ReleasorsClaims”) forever waiveagainst Company seeking any form of relief including, without limitation, equitable relief (whether declaratory, injunctive or otherwise), the recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys fees and any other costs) against Company, for any alleged action, inaction or circumstance existing or arising through the date you sign this Agreement.
(ii) Without limiting the foregoing general waiver and release, you specifically waive and release and discharge the Company Group from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever, whether known Claim arising from or unknown, that you have ever had against related to your employment relationship with Company or the Company Group by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter up to and including the date of your execution of this Agreementtermination thereof, including, but not limited to without limitation: (ia) any claims under Title VII of any state or federal discrimination fair employment practices or other employment related statute, regulation or executive order (as they may have been amended through the Civil Rights ActSeparation Date, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, including the Age Discrimination in Employment Act; (b) claims under any local, state or federal securities law, including, without limitation, the Securities Act of 1933, as amended, the Uniform Services Employment and Reemployment Rights ActSecurities Exchange Act of 1934, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or and any other Federalstate or local securities statutes and regulations; (c) claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Separation Date; (d) claims under any state or federal common law theory; and (e) any other Claim arising under local, state or local law (federal statutory, regulatory or otherwisecommon law.
1 For the purposes of this Section 7, “Company” shall include V.I. Technologies, Inc. and any of its divisions, affiliates, subsidiaries, holding companies, and all other related entities, and its and their directors, officers, employees, trustees, agents, successors and assigns.
(iii) that may be legally waived Notwithstanding the foregoing, this release does not include and released will not preclude: (a) non-termination related claims under the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.); (b) claims for vested benefits under the Company’s 401(k) Plan; (c) claims under the Consolidated Omnibus Budget reconciliation Act of 1985 (“COBRA”); (d) rights, if any, to defense and indemnification from the Company or its insurers for actions taken by you in the course and scope of your employment with the Company; (iie) any tort and/or contract claimsright you may have to obtain contribution, including as permitted by law, in the event of entry of judgment against you as a result of any act or failure to act for which you and the Company are held jointly liable; (f) any claims arising from a breach of wrongful dischargethis Agreement or rights to enforce this Agreement; or (g) any claims that you cannot by law waive or release. This release does not prohibit you from challenging the validity of this release under the federal Age Discrimination in Employment Act (“ADEA”), defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm. However, this general release of claims excludes the filing of an administrative a charge or complaint of age discrimination with the federal Equal Employment Opportunity Commission (“EEOC”), or participating in any investigation or proceeding conducted by the EEOC. In addition, nothing in this release or this Agreement shall limit Vitex’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the ADEA or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims or seek recovery from you, to the extent permitted by law, of the Consideration provided to you under this Agreement in the event that canyou successfully challenge the validity of this release and prevail on the merits of a claim under the ADEA or other laws.
(iv) You acknowledge and agree that, but for providing this waiver and release, you would not be waived by lawreceiving the Consideration being provided to you under the terms of this Agreement.
Appears in 1 contract
Release of Claims by You. In exchange As further consideration for the consideration provided benefits and payments to you as described in this Agreementletter (which you acknowledge to be greater, in their totality, than any benefits due you absent the commitments being made by the Corporation in this letter), you hereby irrevocably and your heirsunconditionally release, executorswaive, administrators and fully and forever discharge all companies within the Manpower Group and their past and current agents, servants, officers, directors, stockholders, attorneys, and employees and their respective successors and assigns (collectively the “Releasors”"Released Parties") forever waive, release from and discharge the Company Group from against any and all claims, demandsliabilities, causes of actionsobligations, feescovenants, damagesrights, liabilities demands and expenses (inclusive of attorneys’ fees) damages of any kind nature whatsoever, whether known or unknown, that you have ever had against the Company Group by reason anticipated or unanticipated, relating to or arising out of any actual or alleged agreement, act, omission, transactionoccurrence, practice, conduct, occurrence transaction or other matter up to and including the date of you sign this letter confirming your execution of this Agreementagreement to its terms as provided below, including, without limitation, any and all claims relating to or arising out of your employment by the Manpower Group and also including any claim that might arise regarding our agreement set forth above providing for your reduction to part-time employment and your eventual termination of employment at the end of the Advisory Period. This release of claims includes, but is not limited to (i) to, any claims or remedies arising under or affected by the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights ActAct of 1964, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards ActCivil Rights Act of 1991, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Americans With Disabilities Act, the Fair Labor Standards Act, as amended, the Age Discrimination in Family and Medical Leave Act of 1993, the Wisconsin Fair Employment Act, as amended, the Uniform Services Employment Wisconsin Family and Reemployment Rights Medical Leave Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or or any other Federallocal, state or local law (statutoryfederal laws, regulatory whether statutorily codified or otherwise) that may be legally waived and released and (ii) any tort and/or contract claimsnot, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harmclaim arising in contract or in tort. However, You agree to give up any benefit conferred on you by any order or judgment issued in connection with any proceeding filed against any of the Released Parties regarding the matters released in this general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims that cannot be waived by lawSubsection 16(a).
Appears in 1 contract
Release of Claims by You. In exchange As further consideration for the consideration provided benefits and payments to you as described in this Agreementletter (which you acknowledge to be greater, in their totality, than any benefits due you absent the commitments being made by the Corporation in this letter), you hereby irrevocably and your heirsunconditionally release, executorswaive, administrators and fully and forever discharge all companies within the Manpower Group and their past and current agents, servants, officers, directors, stockholders, attorneys, and employees and their respective successors and assigns (collectively collectively, the “Releasors”"Manpower Released Parties") forever waive, release from and discharge the Company Group from against any and all claims, demandsliabilities, causes of actionsobligations, feescovenants, damagesrights, liabilities demands and expenses (inclusive of attorneys’ fees) damages of any kind nature whatsoever, whether known or unknown, that you have ever had against the Company Group by reason anticipated or unanticipated, relating to or arising out of any actual or alleged agreement, act, omission, transactionoccurrence, practice, conduct, occurrence transaction or other matter up to and including the date of you sign this letter confirming your execution of this Agreementagreement to its terms as provided below, including, without limitation, any and all claims relating to or arising out of your employment by the Manpower Group and also including any claim that might arise regarding our agreement set forth above providing for your continuation of full-time employment until February 28, 2002, your reduction to part-time employment commencing March 1, 2002, and your eventual termination of employment on February 28, 2003 or the later Extended Terms Expiration Date, if any. This release of claims includes, but is not limited to (i) to, any claims or remedies arising under or affected by the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights ActAct of 1964, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards ActCivil Rights Act of 1991, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Americans With Disabilities Act, the Fair Labor Standards Act, as amended, the Age Discrimination in Family and Medical Leave Act of 1993, the Wisconsin Fair Employment Act, as amended, the Uniform Services Employment Wisconsin Family and Reemployment Rights Medical Leave Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or or any other Federallocal, state or local law (statutoryfederal laws, regulatory whether statutorily codified or otherwise) that may be legally waived and released and (ii) any tort and/or contract claimsnot, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harmclaim arising in contract or in tort. However, You agree to give up any benefit conferred on you by any order or judgment issued in connection with any proceeding filed against any of the Manpower Released Parties regarding the matters released in this general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge. This general release of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims that cannot be waived by lawSubsection 15(a).
Appears in 1 contract
Release of Claims by You. In exchange for Except with respect to the consideration provided in obligations expressly created by, acknowledged, or arising out of this Agreement, effective as of the Termination Date, you acknowledge that you, on behalf of yourself and your agents, attorneys, representatives, predecessors, successors, assigns, heirs, executorsexecutors and administrators, administrators and assigns (collectively the “Releasors”) any persons acting by, through or under you or them, irrevocably jointly and severally released and forever waive, release and discharge discharged the Company Group and its Directors, officers, stockholders, employees, consultants, agents, attorneys, representatives, predecessors, successors and assigns, and any persons acting by, through or under it or them, of and from any and all claimsClaims which you then had, demandsor previously had, causes or ever claimed to have had, against any of actionssuch released parties, feesarising out of, damages, liabilities and expenses (inclusive of attorneys’ fees) of based upon or related in any kind whatsoever, whether known or unknown, that you have ever had against manner whatsoever to your involvement with the Company Group by reason of or with any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter up to such released parties through and including the date Termination Date, or in connection with any activities conducted prior to the Termination Date by you in connection with the Company and its business, including without limitation any claims for any salary, bonus, consulting fees, finders’ fees, commissions, expense reimbursement, or any other fees or any other compensation of your execution any kind, however arising, and including any claim as to any equity ownership of this Agreementthe Company or to ownership of any of the assets of the Company, or rights thereto, and all claims under any employment laws, including, but not limited to (i) any to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of your employment or your separation of employment, claims under Title VII of the 1964 Civil Rights Act, as amended, the Americans with Disabilities California Fair Employment and Housing Act, as amendedand any other laws and/or regulations relating to employment or employment discrimination, the Family and Medical Leave Actincluding, as amendedwithout limitation, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, claims based on age or under the Age Discrimination in Employment Act, Act or Older Workers Benefit Protection Act (all such matters referred to collectively as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, ALL STATE AND LOCAL STATUTES THAT MAY BE LEGALLY WAIVED THAT EMPLOYEES COULD BRING EMPLOYMENT CLAIMS UNDER, INCLUDING ANY STATE OR LOCAL ANTI-DISCRIMINATION STATUTE, WAGE AND HOUR STATUTE, LEAVE STATUTE, EQUAL PAY STATUTE AND WHISTLEBLOWER STATUTE and/or any other Federal, state or local law (statutory, regulatory or otherwise) that may be legally waived and released and (ii) any tort and/or contract claims, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm. However, this general release of claims excludes the filing of an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge“Released Matters”). This general release did not extend to any rights which as a matter of claims also excludes any claims made under state workers’ compensation or unemployment laws, and/or any claims that law cannot be waived by lawand released.
Appears in 1 contract