Common use of Release of Liability for Claims Clause in Contracts

Release of Liability for Claims. (a) For good and valuable consideration, including the Company’s agreement to provide the Severance Payment, Benefit Continuation and Accelerated Vesting, Employee hereby forever releases, discharges and acquits the Company and its subsidiaries and other affiliates and each of the foregoing entities’ respective past, present and future subsidiaries, affiliates, stockholders, members, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and representative capacities, as well as all employee benefit plans maintained by the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and Employee hereby waives, any and all claims, damages, or causes of action of any kind related to Employee’s employment with any Company Party, the termination of such employment, and any other acts or omissions related to any matter on or prior to the time that Employee executes this Agreement, whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation, (i) any alleged violation through such date of: (A) any federal, state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967, as amended (including as amended by the Older Workers Benefit Protection Act), Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended, and the Americans with Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993; (G) any other local, state or federal law, regulation, ordinance or orders which may have afforded any legal or equitable causes of action of any nature; or (H) any public policy, contract, tort, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kind; (ii) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in, or with respect to, a Released Claim; (iii) except as provided in this Agreement, any and all claims Employee may have under any employment contract or any other agreement, incentive or compensation plan or under any other benefit plan, program or practice (including, but not limited to, the Employment Agreement and the LTIP); and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3

Release of Liability for Claims. (a) For good and valuable considerationa. In entering into this Agreement, including the Company’s agreement to provide the Severance Payment, Benefit Continuation and Accelerated Vesting, Employee Xxxxx hereby forever releases, discharges and forever acquits the Company Parties, Q-Jagged Peak Energy Investments, LLC and its subsidiaries and other respective affiliates (collectively, “Quantum”), and each of the foregoing entities’ respective past, past present and future subsidiaries, affiliates, stockholdersowners, members, managers, partners, directors, officers, managers, employees, agents, attorneys, heirs, predecessors, successors and representatives representatives, in their personal and representative capacities, capacities as well as all employee benefit plans maintained by the Company Company, Employer or any of its subsidiaries or other their respective affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Company Released Parties”), from liability for, and Employee hereby waives, any and all claims, damages, or causes of action of any kind related to Employee’s Xxxxx’ employment or affiliation with any Company Party, the termination of such employmentemployment or affiliation, and any other acts or omissions related to any matter occurring or existing on or prior to the time that Employee executes Xxxxx signing this Agreement, whether arising under federal or state laws or the laws of any other jurisdictionincluding, including without limitation, any allegation arising out of or relating to: (i) any alleged violation through such date of: Title VII of the Civil Rights Act of 1964, as amended; (Aii) any federal, state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967Act, as amended (including as amended by the Older Workers Benefit Protection Act) (“ADEA”), Title VII of the Civil Rights Act of 1964, as amended, ; (iii) the Civil Rights Act of 1991, ; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended, and the Americans with Disabilities Act of 1990, as amended; (Bv) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (Cvi) the Immigration Reform Control Act, as amended; (Dvii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (Eix) the Occupational Safety and Health Act, as amended; (Fx) the Family and Medical Leave Act of 1993; (Gx) the Colorado Anti-Discrimination Act, and other statutes and the common law of the state of Colorado; (xi) any federal, state or local anti-discrimination or anti-retaliation law; (xii) any federal, state or local wage and hour law; (xiii) any other local, state or federal law, regulation, ordinance regulation or orders which may have afforded any legal or equitable causes of action of any natureordinance; or (Hxiv) any public policy, contract, tort, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kindclaim; (iixv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in, in or with respect to, a relating to any Released ClaimClaim (as defined below); (iiixvi) except as provided in this Agreement, any and all rights, benefits or claims Employee Xxxxx may have under any employment contract or any other agreement(including the Employment Agreement), incentive or compensation plan or under equity-based plan with any Company Party or to any ownership interest in any Company Party except as expressly provided in this Agreement; (xvii) any and all matters arising out of Xxxxx’ status as a holder, awardee or grantee of any Management Incentive Units of JPE, units of Holdco or equity interests in any Company Party, other benefit planthan with respect to rights arising from, program or practice (including, but not limited related to, Xxxxx’ ownership of Stock or the Employment Agreement Retained Units; (xviii) any and all matters arising out of or relating to the LTIP)Company Agreement, as modified hereby; and (ivxix) any claim for compensation, damages compensation or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3PARTIES ARISING BEFORE XXXXX SIGNS THIS AGREEMENT.

Release of Liability for Claims. (a) For good and valuable consideration, including the Company’s agreement to provide the Severance PaymentSeparation Benefits set forth in Section 3 above (and any portion thereof), Benefit Continuation and Accelerated Vesting, Employee Executive hereby forever releases, discharges and acquits the Company and Company, each of its subsidiaries and other affiliates affiliates, and each of the foregoing entities’ respective past, present and future parents, subsidiaries, and affiliates, stockholdersalong with each of the foregoing entities’ respective affiliates, predecessors, successors, owners, members, partners, directors, officers, managers, equityholders, employees, agents, attorneys, heirs, predecessorsor representatives, successors and representatives in their personal and representative capacities, as well as all employee benefit plans maintained by the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Company Parties”), from liability for, and Employee Executive hereby waives, any and all claims, damages, or liabilities, and causes of action of any kind related to EmployeeExecutive’s employment with any Company Party, the termination of such employmentwhether statutory or at common law, including any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements, and any other acts all claims or omissions causes of action related to any matter that actually or allegedly occurred, whether known or unknown, on or prior to the time date that Employee executes Executive signs this Agreement, whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation, (i) any alleged violation through such date time of: (A) any federal, state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Act of 1967Act, as amended (including as amended by the Older Workers Benefit Protection Act), Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, as amended, and Sections 1981 through 1988 of Title 42 of the United States Code, as amended, and the Americans with Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993; (G) the North Carolina Employment Practices Act, Retaliatory Employment Discrimination Act, Persons with Disabilities Protection Act, Discrimination Against Persons with Sickle Cell Trait, Discrimination Based Upon Genetic Testing and Information, Discrimination Based Upon Use of Lawful Products, Discrimination Based Upon AIDS or HIV Status, Hazardous Chemicals Right to Know Act, Jury Service Discrimination, and Military Service Discrimination, and amendments to those laws; (H) any other local, state or federal law, regulation, ordinance or orders which may have afforded any legal or equitable causes of action of any nature; or (HI) any public policy, contract, tort, or common law claim or claim, including any claim for defamation, emotional distress, wrongful termination, fraud or misrepresentation of any kind; (ii) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in, or with respect to, a Released Claim; (iii) except as provided in this Agreement, any and all claims Employee Executive may have under any employment contract or any other agreementagreement (including all payments and compensation that he may be owed and ever could be owed pursuant to the Employment Agreement), incentive or compensation plan plan, or under any other benefit plan, program or practice (including, but not limited to, the Employment Agreement and the LTIP)practice; and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3.

Release of Liability for Claims. (a) For good Subject to the exclusions set forth in this paragraph 6 or paragraph 7, Employee, with the intention of binding Employee, Employee’s heirs, executors, administrators, assigns, and valuable considerationanyone claiming by, including through, under, or for Employee, and to the Company’s agreement to provide the Severance Paymentfullest extent permitted under applicable law, Benefit Continuation releases and Accelerated Vesting, Employee hereby forever releases, discharges and acquits the Company and all of its subsidiaries and other affiliates and each of the foregoing entities’ respective pastparents, present and future subsidiariesrelated companies, affiliates, stockholdersand joint ventures; all predecessors of and successors to any and all such entities; and all of their respective administrators, membersagents, officers, directors, partners, directorsemployees (including leased, officerstemporary, managers, and regular employees, agents, attorneys, heirs, predecessors, successors and representatives in their personal and representative capacities, as well as all employee benefit plans maintained by the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators of any such plans, in their personal and representative capacities (collectively, the “Company Parties”), from liability forjoint ventures, shareholders, representatives, assigns, and Employee hereby waives, attorneys of and from any and all manner of liability for claims, damages, actions, cause or causes of action action, suits, debts, agreements, promises, charges, and demands, whatsoever, in law or in equity, that Employee now has, both known and unknown, suspected or unsuspected, arising out of any kind related to Employee’s employment with any the Company Party, or the termination of such employmentEmployee’s employment with the Company which includes, and but is not limited to, the release of liability for any other acts or omissions related to any matter on or prior to claims under the time that Employee executes this Agreement, whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation, (i) any alleged violation through such date of: (A) any federal, state or local anti-discrimination or anti-retaliation law, including the Age Discrimination in Employment Retirement Income Security Act of 1967, as amended 1974 (including as amended by the Older Workers Benefit Protection Act“ERISA”), Title VII of the Civil Rights Act of 1964, as amendedthe Post-Civil War Civil Rights Acts (42 USCA §§ 1981-88), the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended, and the Americans with With Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, Executive Order 11246, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Worker Adjustment and Retraining Notification Act (also known as the WARN Act), the Contract Work Hours and Safety Standards Act, the Xxxxx-Xxxxx Act, the Age Discrimination in Employment Act (also known as the ADEA), the Older Workers’ Benefit Protection Act, the Fair Labor Standards Act, the Occupational Safety and Health Act; (G) the Xxxxxxxx-Xxxxx Act of 2002, any claims in connection with workers’ compensation or “whistle blower” statutes, and all comparable state and municipal laws or ordinances, all as amended, any regulations under such authorities, and any other local, state or federal law, regulation, ordinance or orders which may have afforded any legal or equitable causes of action of any nature; or (H) any public policyapplicable statutory, contract, tort, public policy, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kind; (ii) any allegation for costs, feestheories, or any other expenses including attorneys’ fees incurred inlocal, state, or with respect tofederal laws, a Released Claim; (iii) except as provided statutes, ordinances, rulings, or rules or regulations. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC, NLRB or comparable state or local agency; however, Employee understands and agrees that Employee is waiving any and all claims rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRB or comparable state or local agency proceeding or subsequent legal actions. The Company, with the intention of binding itself, all of its parents, related companies, affiliates, and joint ventures; all predecessors of and successors to any and all such entities; and all of their respective administrators, agents, officers, directors, partners, employees (including leased, temporary, and regular employees), joint ventures, shareholders, representatives, assigns, and attorneys, and anyone else claiming by, through, under, or for the Company, and to the fullest extent permitted under applicable law, releases and forever discharges Employee may have under from any and all manner of liability for claims, damages, actions, cause or causes of action, suits, debts, agreements, promises, charges, and demands, whatsoever, in law or in equity, that the Company now has, both known and unknown, suspected or unsuspected, arising out of Employee’s employment contract with the Company or the termination of Employee’s employment with the Company which includes, any action arising out of contract, tort, public policy, or common law theories, or any other agreementlocal, incentive state, or compensation plan federal laws, statutes, ordinances, rulings, or under any other benefit plan, program rules or practice (including, but not limited to, the Employment Agreement regulations. Employee and the LTIP); Company understand and (iv) any claim for compensation, damages or benefits of any kind not expressly agree that the release set forth in this Agreement (collectively, does not in any way affect the “Released Claims”). THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3rights of the Company or Employee to take whatever steps may be necessary to enforce the terms of this Agreement or to obtain appropriate relief in the event of any breach of any of the terms of this Agreement by the Employee or the Company.

Release of Liability for Claims. (a) For good and valuable consideration, including the consideration set forth in Section 2 (and any portion thereof), Executive knowingly and voluntarily (for Executive, Executive’s family, and Executive’s heirs, executors, administrators and assigns) hereby releases and forever discharges the Company’s agreement to provide , Petco Animal Supplies, Inc., Scooby, Petco Health and Wellness Company, Inc. (collectively, the Severance Payment“Petco Affiliated Entities”) and their respective affiliates, Benefit Continuation and Accelerated Vestingpredecessors, Employee hereby forever releasessuccessors, discharges and acquits the Company and its subsidiaries and other affiliates benefit plans, and each of the foregoing entities’ respective pastequity-holders, present and future subsidiariesofficers, affiliatesdirectors, stockholdersmanagers, members, partners, directors, officers, managers, employeesExecutives, agents, attorneysrepresentatives, heirsand other affiliated persons, predecessors, successors and representatives in their personal the Company’s and representative capacities, as well as all employee its affiliates’ benefit plans maintained by (and the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators trustees of any such plans, in their personal and representative capacities ) (collectively, the “Company Parties”), from liability for, and Employee Executive hereby waives, any and all claims, damages, or causes of action of any kind related to EmployeeExecutive’s ownership of any interest in any Company Party, Executive’s employment with any Company Party, the termination of such employment, and any other acts or omissions related to any matter occurring on or prior to the time date that Employee Executive executes this Agreement, whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation, (i) any alleged violation through such date time of: (A) any federal, state or local anti-discrimination discrimination, anti-harassment or anti-retaliation law, regulation or ordinance, including the Age Discrimination in Employment Act of 1967, as amended 1967 (including as amended by the Older Workers Benefit Protection Act), Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended, Code and the Americans with Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended 1974 (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993; (G) California’s Fair Employment and Housing Act, the California Pregnancy Disability Leave law, the California Family Rights Act, the Healthy Workplace Healthy Family Act of 2014, the California Labor Code, the Private Attorneys’ General Act (Labor Code§ 2698 et seq.), any Wage Orders issued by the California Industrial Welfare Commission and the California Business and Professionals Code, he Nevada Fair Employment Practices Act, Nevada's overtime, meal and rest period, and related wage and hour penalty statutes, NRS 608.250 relating to the payment of minimum wage for each hour worked, NRS 613.010, related to inducing a person to change their work location under false pretenses, and NRS 613.210, relating to the "blacklisting" of employees”; (H) any federal, state or local wage and hour law; (I) any other local, state or federal law, regulation, ordinance regulation or orders which may have afforded any legal or equitable causes of action of any natureordinance; or (HJ) any public policy, contract, tort, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kindclaim; (ii) any and all rights, benefits or claims Executive may have under any employment contract, incentive compensation plan or equity-based plan with any Company Party or to any ownership interest in any Company Party (including the Employment Agreement, the Severance Plan and the Award Agreements); (iii) any claim for compensation or benefits of any kind not expressly set forth in this Agreement; and (iv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in, in or with respect to, a Released Claim; (iii) except as provided in this Agreement, to any and all claims Employee may have under any employment contract or any other agreement, incentive or compensation plan or under any other benefit plan, program or practice (including, but not limited to, of the Employment Agreement and the LTIP); and (iv) any claim for compensation, damages or benefits of any kind not expressly set forth in this Agreement foregoing (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Xxxxxxxxx is simply agreeing that, in exchange for any consideration received by Executive pursuant to Section 2, any and all potential claims of this nature that Executive may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3.

Release of Liability for Claims. (a) For good and valuable consideration, including the Company’s agreement to provide the Severance Payment, Benefit Continuation consideration set forth in Section 2 (and Accelerated Vestingany portion thereof), Employee knowingly and voluntarily (for Employee, Employee’s family, and Employee’s heirs, executors, administrators and assigns) hereby releases and forever releasesdischarges the Company, discharges Zevia LLC (together with the Company, the “Zevia Affiliated Entities”) and acquits the Company and its their respective affiliates, predecessors, successors, subsidiaries and other affiliates benefit plans, and each of the foregoing entities’ respective pastequity-holders, present and future subsidiariesofficers, affiliatesdirectors, stockholdersmanagers, members, partners, directors, officers, managers, employees, agents, attorneysrepresentatives, heirsand other affiliated persons, predecessors, successors and representatives in their personal the Company’s and representative capacities, as well as all employee its affiliates’ benefit plans maintained by (and the Company or any of its subsidiaries or other affiliates and all fiduciaries and administrators trustees of any such plans, in their personal and representative capacities ) (collectively, the “Company Parties”), from liability for, and Employee hereby waives, any and all claims, damages, or causes of action of any kind related to Employee’s ownership of any interest in any Company Party, Employee’s employment with any Company Party, the termination of such employment, and any other acts or omissions related to any matter occurring on or prior to the time date that Employee executes this Agreement, whether arising under federal or state laws or the laws of any other jurisdiction, including without limitation, (i) any alleged violation through such date time of: (A) any federal, state or local anti-discrimination or anti-retaliation law, regulation or ordinance, including the Age Discrimination in Employment Act of 1967, as amended 1967 (including as amended by the Older Workers Benefit Protection Act), Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended, Code and the Americans with Disabilities Act of 1990, as amended; (B) the Employee Retirement Income Security Act of 1974, as amended 1974 (“ERISA”); (C) the Immigration Reform Control Act, as amended; (D) the National Labor Relations Act, as amended; (E) the Occupational Safety and Health Act, as amended; (F) the Family and Medical Leave Act of 1993; (G) California’s Fair Employment and Housing Act, the California Pregnancy Disability Leave law, the California Family Rights Act, the Healthy Workplace Healthy Family Act of 2014, the California Labor Code, the Private Attorneys’ General Act (Labor Code§ 2698 et seq.), any Wage Orders issued by the California Industrial Welfare Commission and the California Business and Professionals Code; (H) any federal, state or local wage and hour law; (I) any other local, state or federal law, regulation, ordinance regulation or orders which may have afforded any legal or equitable causes of action of any natureordinance; or (HJ) any public policy, contract, tort, or common law claim or claim for defamation, emotional distress, fraud or misrepresentation of any kindclaim; (ii) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in, in or with respect to, to a Released Claim; (iii) except as provided in this Agreement, any and all rights, benefits or claims Employee may have under any employment contract or any other agreementcontract, incentive or compensation plan or equity-based plan with any Company Party [or to any ownership interest in any Company Party] (other than any rights under any other benefit plan, program or practice (including, but not limited to, the Employment Agreement and the LTIPAward Agreements); and (iv) any claim for compensation, damages compensation or benefits of any kind not expressly set forth in this Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for any consideration received by Employee pursuant to Section 2, any and all potential claims of this nature that Employee may have against any of the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. THIS RELEASE INCLUDES MATTERS ATTRIBUTABLE TO THE SOLE OR PARTIAL NEGLIGENCE (WHETHER GROSS OR SIMPLE) OR OTHER FAULT, INCLUDING STRICT LIABILITY, OF ANY OF THE COMPANY PARTIES. US 4687213 3.