Release of Executive. In consideration of the promises set forth in this Agreement, the Company hereby releases and forever discharges Executive from any and all claims, complaints, causes of action, and demands of any kind, whether known or unknown, which Company has, ever has had, or may have arising out of or related to the performance of Executive’s services to Company as its Executive Vice President and Chief Operating Officer, but only to the extent to which Executive is or would be entitled to indemnification pursuant to a written agreement entered into with the Company with respect to such claim, complaint, cause of action or demand. The purpose of this Section 2.1 is to release Executive only from those claims, complaints, causes of action and demands with respect to which he is entitled to indemnification pursuant to a written agreement entered into with the Company and this Section 2.1 shall be interpreted in a manner consistent with this purpose.
Release of Executive. The Company (including its past and present parent, subsidiary and affiliated corporations, divisions or other related entities, as well as the successors, shareholders, officers, directors, heirs, predecessors, assigns, agents, employees, attorneys and representatives of each of them, past or present) does hereby and forever release and discharge the Executive and his agents, heirs, successors, assigns, executors and/or administrators from any and all causes of action, actions, judgments, liens, debts, contracts, indebtedness, damages, losses, claims, liabilities, rights, interests and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not heretofore brought before any state or federal court or before any state or federal agency or other governmental entity, which the Company has or may have against any released person or entity by reason of any and all acts, omissions, events or facts occurring or existing prior to the date hereof, including, without limitation, all claims attributable to the employment of Executive, all claims attributable to the termination of that employment, and all claims arising under any federal, state or other governmental statute, regulation or ordinance or common law, such as, for example and without limitation. In light of the intention of the Company (including its past and present parent, subsidiary and affiliated corporations, divisions or other related entities, as well as the successors, shareholders, officers, directors, heirs, predecessors, assigns, agents, employees, attorneys and representatives of each of them, past or present) that this release extend to any and all claims of whatsoever kind or character, known or unknown, the Company expressly waives any and all rights granted by California Civil Code Section 1542 or any other analogous federal or state law or regulation. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Release of Executive. In consideration of Executive's entering into this Agreement, the Company, for itself and its Affiliates and their respective predecessors, successors and assigns hereby releases and forever discharges Executive and his heirs, personal representative, successors and assigns from and against any and all claims, demands, damages, actions, causes of action, costs and expenses, of whatever kind or nature, in law, equity or otherwise, which the Company or any of said entities now has, may ever have had or may have hereafter upon or by reason of any matter, cause or thing occurring, done or omitted to be done prior to the date of this Agreement, relating to or arising out of Executive's status as an officer, director or employee of the Company or any of said entities or the termination of that status; provided, however, that this release shall not apply to any claims the Company or any of said entities or parties may have which arise out of or relate to the conviction of Executive for the commission of a felony involving dishonesty with respect to the Company or any of said entities or parties or arise out of any actions with respect to which the Company would be precluded from indemnifying Executive under applicable law. As of the date of this Agreement, the Company has no knowledge of any claims against Executive arising out of the events described above.
Release of Executive. Except as provided in this Agreement, the Company hereby releases Executive from, and agrees not to bring any action, suit or proceedings against Executive, with respect to any acts or omissions disclosed by Executive to, or known by, independent members of the Company’s Board of Directors prior to the Separation Date.
Release of Executive. As a material inducement to Executive to enter into this Agreement, the Company, on behalf of itself and its current and former subsidiaries, parents and other direct or indirect affiliates, as well as each of their respective stockholders, partners, heirs, executors, administrators, agents, employees, officers, directors, successors, insurers, assigns and attorneys does hereby irrevocably and unconditionally forever release and discharge Executive and his agents, attorneys, heirs, executors, administrators and assigns of and from any and all manner of actions, cause or causes of action, suits, debts, sums of money, costs, interests, attorneys’ fees, liabilities, contracts, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, charges, claims, counterclaims and demands, whatsoever, in law or in equity or otherwise, that the Company now has or may have, whether mature, direct, derivative, subrogated, personal, assigned, both known and unknown, foreseen or unforeseen, contingent or actual, liquidated or unliquidated, arising with respect to any matter, including without limitation his employment with the Company and its subsidiaries or his services as a director of the Company or the termination of such employment and services, through the Effective Date, or arising thereafter with respect to his employment with the Company and its subsidiaries and his services as a director of the Company prior to the Effective Date or the termination of such employment and services, and, including specifically, without limitation and without limiting the generality of the foregoing, the provisions of Section 14 (Non-competition) of the Employment Agreement. Nothing herein will release Executive from any claims or damages based on any right the Company may have under this Agreement.
Release of Executive. In consideration of Executive's entering -------------------- into this Agreement, the Company, for itself, its affiliates and their respective predecessors, successors and assigns hereby releases and forever discharges Executive from and against any and all claims, demands, damages, actions, causes of action, costs and expenses, of whatever kind or nature, in law, equity or otherwise, which the Company or any of said entities now has, may ever have had or may have hereafter upon or by reason of any matter, cause or thing occurring, done or omitted to be done prior to the date of this Agreement, including without limitation all rights and claims the Company or any of said entities or any third parties have or might have as a result of Executive's status as an officer, director or employee of the Company or any of said entities or the termination of that status; provided, however that this release -------- ------- shall not apply to any claims the Company may have which arise out of or relate to (a) the conviction of Executive for the commission of a felony involving dishonesty with respect to the Company, its affiliates or their respective predecessors or (b) gross and willful misconduct by Executive that is demonstrably and materially injurious to the Company, its affiliates or their respective predecessors, whether monetarily or otherwise. For purposes of this Paragraph 11, no act or failure to act on Executive's part shall be considered "willful" unless done or failed to be done by Executive in bad faith and without reasonable belief that Executive's action or omission was in the best interest of the Company. As of the date of this Agreement, the Company has no knowledge of any potential claims against Executive arising out of any of the events described in (a) or (b) above.
Release of Executive. The Company releases and forever discharges Executive from any and all claims, known and unknown, asserted or unasserted, which Company has or may have against Executive as of the date of execution of this Agreement.
Release of Executive. Executive hereby represents, warrants, and covenants that Executive has complied with all duties and obligations that he may have had to the Company or its Affiliates and is not aware of any facts, circumstances, or any other basis for a colorable claim to be brought against Executive by the Company or its Affiliates or any other persons or entities relating to Executive's employment or relationship with the Company or any of its Affiliates. In light of and in reliance upon the foregoing, the Company hereby releases Executive from any and all Claims in law or in equity, which the Company ever had or now has against Executive, including, without limitation, any Claims arising by reason of or in any way connected with Executive' s employment or relationship with the Company or any of its Affiliates; provided, however, that the Company shall not release Executive from any Claims relating to any act or omission of Executive outs ide the scope of his employment or relationship with the Company or any of its Affiliates. For the avoidance of doubt, this is no way impacts any release that Executive received in connection with the bankruptcy proceeding from which Superior Energy Services emerged in February 2021.
Release of Executive. (a) Companies knowingly and voluntarily release, acquit and forever discharge Executive and his heirs, executors, administrators, successors and assigns (collectively, the “Executive Releasees”) from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, rights, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, foreseen or unforeseen, matured or unmatured, against him which Companies or their respective owners, parents, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, divisions and subsidiaries their heirs, executors, administrators, successors and assigns (“Companies Persons”) ever had, now have or at any time hereafter may have, own or hold by reason of any matter, fact, or cause whatsoever from the beginning of time up to and including the date of this Termination Release, including, without limitation, all claims of breach of implied or express contract, breach of promise, misrepresentation, negligence, fraud, estoppel, defamation, infliction of emotional distress, violation of public policy, breach of fiduciary duties, or any other business-related tort; any claim for costs, fees, or other expenses, including attorneys fees, except in any case to the extent such release is prohibited by applicable federal, state and/or local law.
(b) Companies represent that they have not filed against the Executive Releasees, any complaints, charges or lawsuits and covenants, and agree that they will not seek or be entitled to any personal recovery in any court or before any governmental agency, arbitrator or self-regulatory body against any of the Executive Releasees arising out of any matters set forth in paragraph 2(a) hereof. If Companies has filed a complaint, charge, grievance, lawsuit or similar action, they agree to remove, dismiss or take similar action to eliminate such complaint, charge, grievance, lawsuit or similar action within five (5) days of signing this Termination Release.
Release of Executive. For valuable consideration provided herein, the Company, together with its affiliated corporations or entities (including without limitation Mountain Air Cargo, Inc., CSA Air, Inc., Global Ground Support, LLC and Global Aviation Services, LLC), and each of the following individuals: Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, and Xxxxxxxx X. Xxxxxxx, (the “Releasees”), as evidenced by their signatures below, hereby release Executive from any and all claims or obligations whether known or unknown, arising out of any matter, cause or thing occurring before the date hereof, including without limitation all claims relating to or arising out of Executive's employment with the Company, as well as all such claims arising under or pursuant to the Employment Agreement, and any injuries, damages or claims not now known by the Releasees that arise in any way out of events occurring prior to the date of the execution of this Agreement, except that the Releasees that are corporate entities or limited liability companies exclude from this release any matter for which a Delaware corporation could not provide indemnity to an officer or director under Delaware law. The Releasees execute this release freely, voluntarily and with full knowledge of its consequences. Provided, however, this release shall not include any claims relating to the obligations of the Executive under this Agreement.
